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Environmental and Social Systems Assessment (ESSA)



FEDERAL REPUBLIC OF NIGERIA

 

WORLD BANK

 

PROGRAM-FOR-RESULTS FINANCING

 

 

 

NIGERIA DISTRIBUTION SECTOR RECOVERY PROGRAM

(DISREP)

 

 

DRAFT REPORT

 

 

 

ENVIRONMENT AND SOCIAL SYSTEMS ASSESSMENT

(ESSA)

 

 

 

OCTOBER 2020

 

 

 

 

TABLE OF CONTENTS

EXECUTIVE SUMMARY.. 4

SECTION I: BACKGROUND AND SCOPE. 14

1.1: Program Description. 14

1.2: Program Boundaries and Activities. 16

1.3   Scope of the Environmental and Social Management System Assessment (ESSA) 20

1.4   Approach of ESSA.. 21

SECTION II: STAKEHOLDER CONSULTATION.. 23

SECTION III: DESCRIPTION OF EXPECTED PROGRAM ENVIRONMENTAL AND SOCIAL EFFECTS  26

3.1 Overview of Program Risks and Benefits. 26

3.2   Expected Environmental Benefits. 26

3.3   Expected Environmental Risks. 27

3.4   Expected Social Benefits. 28

3.5   Expected Social Risks 30

SECTION IV: OVERVIEW OF RELEVANT BORROWER’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS. 32

4.1   Description of Government Policy and Legal Framework. 32

4.1.1    Environmental Policy, Regulatory and Institutional Frameworks. 32

Description of Environmental Institutional Framework. 37

Federal Ministry of Environment 37

The National Environmental Standards and Regulations Enforcement Agency (NESREA) 37

4.1.2    Social Policy, Regulatory and Institutional Frameworks. 38

Grievance Redress Mechanism in Nigeria. 42

4.1.3    State Level Environmental Policy, Regulatory and Institutional Frameworks 43

5.2   Grievance Redress Mechanisms of NERC.. 45

4.3   Environmental and Social Systems of the DISCOs. 48

SECTION V: ASSESSMENT OF BORROWER’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS  49

5.1   Summary of Systems Assessment 49

SECTION VI: RECOMMENDATIONS AND ACTIONS. 60

6.1   Environmental and Social Summary and Recommendations. 60

SECTION VII. SUPPORTING ANNEXES AND REFERENCE DOCUMENTS. 65

Annex 1:  Applicability of Core Environmental and Social Principles (CP) to Nigeria Distribution Sector Recovery Program (DISREP) Disbursement Linked Indicators (DLIs) 65

Annex 2: Preliminary Risk Matrix. 73

Annex 3: Information and Documents expected from DISCOs to inform the preparation of ESSA.. 76

Annex 4: Preliminary Brief and Questions for consultation with 11 DISCOS. 77

Annex 5: Nigeria Distribution Sector Recovery P for R Consultation Notes. 78

Annex 6: Online Virtual Meeting via Microsoft Teams with TCN, NERC and BPE of Nigeria Distribution Sector Recovery PforR. 93

Annex 7: List of Participants During the Consultation with DISCOS between 14 and 18 of September 2020  94

Annex 8: Details of Environmental & Social Benefits and Risks Associated with Each Result Area and DLIs  97

Annex 9: Environmental and Social Systems of the DISCOs and the Assessment of their Strengths and Weaknesses: 104

 

 

LIST OF ACRONYMS

AEDC Abuja Electricity Distribution Company

AEDC Abuja Electricity Distribution Company

ATC&C   Aggregate Technical Commercial and Collection

AU   African Union

BEDC Benin Electricity Distribution Company

BPE Bureau of Public Enterprises

CBN Central Bank of Nigeria

CBO Community Based organization

CCU Customer Complaints Unit

CCU Customer complaints Unit

CEDAW Conventions on the Elimination of all forms of Discrimination against Women

CEO Chief Executive Officer

COVID-19   Coronavirus Disease-19

CP    Core Principles

CRA Child Right Act

CRM    Customer Relationship Manager

DISCO Distribution Company

DISCOs   Distribution Companies

DISREP   Distribution Sector Recovery Program

DLI Disbursement Linked Indicators

DT    Distribution Transformers

E&S Environment and Social

EEDC Engu Electricity Distribution Company

EIA Environmental Impact Assessment

EKEDC   Eko Electricity Distribution Company

EMS Environmental Management System

ES    Environmental Systems

ESCP   Environmental and Social Commitment Plan

ESIA    Environmental and Social Systems Assessment

ESMF   Environmental and Social Management Framework

ESSA   Environmental and Social Systems Assessment

FCT Federal Capital Territory

FMEnv Federal Ministry of Environment

GBV    Gender Based Violence

GenCos    Generation Companies

GHG    Greenhouse Gas

GoN Government of Nigeria

GRM    Grievance Redress Mechanism

GW Giga Watts

HR   Human Resources

HR   Human Resources

HSE Health Safety and Environment

IBEDC Ibadan Electricity Distribution Company

IE Ikeja Electric

JED Jos Electricity Distribution

JED Jos Electricity Distribution Company

KDEDCO    Kaduna Electricity Distribution Company

KEDC Kano Electricity Distribution Company

LARF   Land Acquisition and Resettlement Framework

LMP Labour Management Plan

MDA    Ministries Department and Agency

MIS Management Information System

MoF Ministry of Finance

MVA    Mega-volt amperes

NBET   Nigeria Bulk Electricity Trading Company

NEMSF    Nigerian Electricity Management Stabilization Facility

NERC Nigeria Electricity Regulation Commission

NESREA National Environmental Standards, Regulation and Enforcement

NFP National Forestry Policy

NGO    Non-Government Organization

NHFC National Housing Facilitation Council

NPC National Pension Commission

NUEE National Union of Electricity Employees

OHS Organizational Health and Safety

PAP Program Action Plan

PDO Program Development Objectives

PforR   Program for Results

PHEDC    Port Harcourt Electricity Distribution company

PIP   Performance Improvement Plans

PPA Power Purchase Agreement

PSRP    Power Sector Recovery Program

PT Power Transformers

PWD    People With Disabilities

RAP Resettlement Action Plan

REDD+    Reducing Emission Deforestation and Degradation plus

SDG Sustainable Development Goals

SEA Sexual Exploitation and Abuse

SEF Stakeholder Engagement Framework

SEP Stakeholder Engagement Plan

SH    Sexual Harassment

TCN Transmission Company of Nigeria

TSA Treasury Single Account

UN   United Nations

UNCED   United Nations Conference on Environment and Development

VC   Vesting Contracts

YEDC Yola Electricity Distribution company

 

 

 

 

 

EXECUTIVE SUMMARY

  1. The World Bank is proposing to support the Nigeria power sector distribution companies (DISCOs), through the Government of Nigeria (GoN), with a Performance-for-Results (PforR) instrument referred to as Nigeria Distribution Sector Recovery Program (DISREP) (hereafter, the Program). The Program aims to address the binding constraints for improving the performance of the electricity distribution sector to attract private financing in the sector and is consistent with the “Maximizing Finance for Development” approach. The Program is part of the Programmatic Approach of the World Bank Group to address a variety of the power sector issues. The Program, in parallel with Power Sector Recovery Program (PSRP) PforR, represents a holistic approach to support the recovery of the Nigerian power sector. The Program Development Objective (PDO) is to improve financial and technical performance of the electricity distribution companies.

 

  1. The Program will be limited to only the distribution sector elements of the government Power Sector Recovery Program (PSRP), approved by the Federal Executive Council of the Federation in February 2018, and within the parameters of the NERC approved Performance Improvement Plans (PIP) for each DISCO. The program will focus on the improvements of the distribution sector necessary to absorb a total of 7 GW of available generation (up from current levels of around 4 GW). To improve sustainable access and reliability of power in Nigeria, the Program will contribute to three Result Areas and will achieve seven Disbursement Linked Indicators (DLIs).

 

  1. The Bureau of Public Enterprises (BPE) will serve as the implementing Agency of the Program. The BPE will receive loan from World Bank, through the Federal Ministry of Finance, into to their Treasury Single Account (TSA) at the Central Bank of Nigeria (CBN), and then on-lend to the eleven DISCOs in the form of shareholder loans. The terms of the shareholder loans, including their tenures, are to be agreed between the BPE, DISCOs and the MoF. Specific loan amounts to be allocated to each DISCO will be defined by individual investment requirements of each DISCO, based the individual PIPs approved by NERC. An initial advance of 25% is needed to provide required resources to DISCOs to start the implementation of the PIPs. The disbursement will be made followed by subsequent disbursements to the BPE-TSA account every six months after the assessment of the agreed PforR DLIs.

 

  1. The three Results Areas of the PforR are detailed as follows:

 

  • Results Area 1Improved DISCO performance: This Result Area will focus on implementation of key PIP components in order to improve quality of service provided to customers, reduce aggregate technical, commercial and collection (ATC&C) losses in supply, regularize customers and increase connections (leading to increased access and load growth), and improve the ability to monitor and control network performance, and collection processes. ATC&C losses averages over 40%, across all the DISCOs.  Through these investments, DISREP will support the increased electricity access, improved electricity service, improved network economics, and reduced GHG emissions per kWh supplied. Result Area 1 covers four DLI’s as follows:
    • DLI1- Reduction in DISCOs’ metering gap:  DLI1 will be triggered by the installation of meters at currently unmetered and new customers’ residences and the resulting reduction in the DISCOs, metering gap, as defined in their PIPs. The disbursement against DLI1 will be aligned with the metering gaps defined in DISCOs individual metering plans that have been developed and submitted to NERC.  Achievement of DLI1 will be monitored and verified by BPE with support of their IVA.

 

  • DLI 2 – Number of new connections by DISCOs: DLI 2 will be triggered by the connection of new customers to the DISCO distribution grid. DISCOs will provide electricity access through new low voltage feeders and medium voltage lines, which do not involve permanent land acquisition or rights of way, and new connections to existing feeders. DISCOs are also expected to consider increasing access through off-grid and mini-grid solutions where appropriate, including through renewable powered stand-alone and mini-grid systems, which can be constructed by mini-grid developers and connected to the distribution network.  The disbursement against DLI2 will be aligned with the customer connection targets in DISCOs’ PIPs.  Achievement of DLI2 will be monitored and verified by BPE with support of their IVA.

 

  • DLI – Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs: DLI3 will be triggered by the rehabilitation of medium voltage (11kV) lines across the distribution network. The disbursement against DLI#3 will be aligned with the DISCOs’ line rehabilitation plans as outlined in their PIPs.  Achievement of DLI3 will be monitored and verified by BPE with support of their IVA.

 

  • DLI4 – Increased collection efficiency by DISCOs: DLI4 will be triggered based on the revenue collected by DISCOs relative to power billed. Collection efficiency is a broad metric that captures multiple areas of required improvement by DISCOs including customer satisfaction, DISCO billing processes, revenue protection, theft management, etc. The disbursement against DLI4 will be aligned with the DISCOs’ planned improvements in collection efficiency as outlined in their PIPs. Achievement of DLI4 will be monitored and verified by BPE with support of their IVA.  

 

  • Results Area 2Enabling diversification of commercial options for DISCOs to supply their demand: This Result Area will focus on rehabilitating poor performing power transformers (PT) and distribution transformers (DT) which are limiting the ability of DISCOs to handle sufficient power supply to meet customer demand while at the same time limiting DISCOs potential to access new commercial supply options such as purchasing power directly from GENCOs or from embedded generators, such as decentralised renewables.
    • DLI5 – Reduction in transformer technical losses in existing distribution networks. DLI5 will be triggered by the rehabilitation of power transformers (PT) and distribution transformers (DT) within the distribution grids. DISCOs’ PIPs include information on poor performing transformers along with details on the required rehabilitation and upgrade actions. The disbursement against DLI5 will be aligned with the DISCOs’ transformer rehabilitation plans as outlined in their PIPs.  Achievement of DLI5 will be monitored and verified by BPE with support of their IVA.

 

  • Results Area 3Strengthened governance and transparency: Results Area 3 will address corporate governance and transparency in the operation of the distribution companies. Following the best practice of corporate governance engenders the trust of investors and debtors in the distribution subsector, allowing the DISCOs to be viewed as solid and credible partners both inside and outside Nigeria. Strengthening corporate governance is essential for the DISCOs to be able to raise new capital for investment in the network improvement in line PIP guidelines.
    • DLI6 – Compliance with NERC Code of Corporate Governance by DISCOs: DLI6 will be triggered based on the verification of ongoing compliance with the NERC Code of Corporate Governance. The disbursement against DLI6 will be based on an assessment of compliance undertaken by NERC on a 6-12 monthly basis. The outcomes of NERC’s verification of compliance will be reported to BPE for verification via the DISREP Technical Committee.

 

  • DLI7 – Implementation of Management Information Systems (MIS) by DISCOs. DLI7 will be triggered through the incremental implementation of a MIS by DISCOs. NERC defines the key elements of the MIS as being a Commercial Management Systems (CMS), Enterprise Resource Planning (ERP), Geographic Information System (GIS), Incident Recording and Management Systems (IRMS), Supervisory Control and Data Acquisition System (SCADA), Revenue Protection Program (RPP), and Works Management Systems (WMS). The disbursement against DLI7 will be based on a monitoring and verification of MIS implementation and will be undertaken by BPE with support of their IVA.

 

  1. The DISREP PforR program does not support any investments that are not detailed in the approved DISCOs PIPs. The Program will only support investments in infrastructure and assets that are and will remain wholly owned by the DISCOs, irrespective of changes in DISCO operations or ownership. The Program will equally exclude activities that do not meet World Bank policy on eligibility for PforR financing. Specifically, the borrower shall ensure that the Program excludes any activity—for example large scale construction works, construction of distribution sub-stations and construction of other distribution infrastructures—which will require right of ways or which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse or unprecedented on the environment and/or requires significant land acquisition / large resettlement of affected people or economic impact, as defined in the World Bank policy on PforR financing (September, 2020). The PforR operations in Result Area 1 will be limited to only rehabilitation of existing infrastructure or replacement of equipment/infrastructures in already existing distribution infrastructure. This may involve additional land area in the form of additional working space during the rehabilitation of distribution lines. It is expected that such land area will be reverted back to the owners/users after rehabilitation work. Increasing of electricity connection through grid or off-grid infrastructure may also involve minimal land acquisition without physical displacement. A resettlement action plan, in line with NERC regulation and World Bank guidelines will be prepared by DISCOs under the supervision of BPE to deal with compensation issues arising from this minor displacement. In line with DISREP PforR activities outlined above, the exclusion of the enumerated activities will not impact the achievements of the results under the Program.

 

  1. The Environmental and Social Systems Assessment (ESSA) examines the extent to which the Federal, State Government’s and DISCOs existing environmental and social management systems: operates within, an adequate legal and regulatory framework to guide environmental and social impact assessments, mitigation, management and monitoring at the PforR Program level; and incorporate recognized elements of good practice in environmental and social assessment and management. The ESSA thereafter defines measures to strengthen the system and recommend measures that will be integrated into the overall Program. The ESSA is undertaken to ensure consistency with six core principles and key planning elements of PforR ESSA.

 

  1. In line with the six core principles and initial screening, the relevant risks within the proposed Result Areas under the PforR cover environmental and social issues and include:
    1. Air, noise, water, soil and groundwater pollution and waste management due to rehabilitation works and possibly from polychlorinated biphenyls (PCB) contaminated oil, biodiversity loss as a result of poor vegetation management during the rehabilitation of feeder lines and other rehabilitation activities along the network, e-waste generation due to installation/replacement of meters and implementation of MIS system.
    2. Occupational Health and Safety (OHS) issues both COVID-19 and non-COVID-19 issues during rehabilitation of distribution infrastructure, new connections and installation of meters.
    3. Waste management and GHG emissions as a result of rehabilitation of power distribution networks.
    4. Labour and occupational health and safety issues due to rehabilitation of distribution infrastructure, installation of meters, increasing of new connections under the program.
    5. Risk of exclusion of vulnerable and marginalized individuals / groups/disability exclusion, etc.
    6. Possibility of gender based violence (GBV) as the Program envisions a range of rehabilitation projects, and these are activities that can increases GBV and risks of SEA and SH due to changes in labour patterns and income, creation of new hot spots for vulnerability, and changing community dynamics.

 

  1. Specific environmental and social risks have been assessed and deemed to be moderate. The risks were assessed as moderate because the impacts resulting from the activities are temporary, minor, and not in environmental and socially sensitive areas and can be mitigated through normal measures for minor rehabilitation/ construction activities. Although adverse environmental and social impacts are limited, some weaknesses in the borrower’s system and possible lack of capacity to address the environmental and social impacts may limit the PforR’s ability to achieve its environmental and social operational objectives.

 

  1. The ESSA was prepared through a combination of reviews of existing program materials and available technical literature, interviews and consultations with various stakeholders. An environmental and social risk screening was undertaken at the concept stage. In the assessment of the DISCOs and given the limitations imposed by COVID-19 pandemic, the team visited some of the DISCOs prior to covid 19 pandemic, had consultations virtually with the relevant managers and officers in the DISCOs, and reviewed the relevant E&S documents and other institutional documents submitted by the DISCOs in line with the request of the World Bank team. The ESSA process was informed by the Bank Guidance on PforR Environmental and Social System Assessment (Sept, 2020).

 

  1. Consultations were carried out prior to the development of the ESSA despite the COVID-19 pandemic. The consultations, which were conducted online via Microsoft Teams, were carried out in line with the World Bank’s guideline on consultation during the pandemic. Those consulted include the management of each of the eleven DISCOs in Nigeria, representatives of relevant Ministries in States within their jurisdiction, and with the management of BPE, NERC, and TCN. Consultations with the DISCOs and representatives from relevant government ministries in the States was held between September 14-18, 2020 while consultations with BPE, NERC and TCN was carried out on September 22, 2020. Prior to the consultations, the DISCOs were presented with the consultation plan which included a list of documents required for the assessment and a preliminary brief and questions that guided the discussion. During the consultations with the DISCOs, the details of the DISREP PforR Program were presented to them. The representatives of the DISCOs also responded to the questions presented to them by the World Bank team. The DISCOs were thereafter requested to respond to the questions in writing and forward them to the World Bank team. Further consultation will be carried out with these and additional stakeholders.

 

  1. Some analysis was carried out to determine the rage of environmental and social risks and benefits that are associated with the PforR program based on each of the DLIs. The PforR program will significantly deliver some environmental benefits especially providing climate co-benefits because of reduction in the use of fossil fuels (petrol and gas) by households and business and also due to reduction in the consumption of electricity propelled by efficiency in metering. For example, regarding DLI1, there could be climate co-benefits due to reductions in the per/kWh GHG emissions associated with the network as a result of reduced use of fossil fuels as consumption of power decreases following the Program. The achievement of this DLI aligns with the Multilateral Development Banks’ (MDB) list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability.

 

  1. The Program is expected to have direct and indirect risks and these risks are deemed to be moderate. For example, activities for the achievement of DLI 2 (Number of new connections by DISCOs) and DLI 3 (Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs) could lead to increased noise levels and air pollution from heavy duty vehicles and machines that will be used in the operation, wastes during rehabilitation activities, possibility of traffic obstruction, impact on workers, community and public health and safety, electrocution and fire incidents. Achievement of DLI 5 could also lead to pollution and health problems due to possible exposure of workers to polychlorinated biphenyls (PCB) contaminated oil. Also, installation of new feeders into underserved areas near the existing distribution infrastructure may lead to cutting down of Trees/vegetation.

 

  1. The social benefits of the Program will be significant when considered within the perspective of the current situation of power and in Nigeria and also given the huge benefits from a stable and reliable power sector. With the evidence that welfare of the poor improves significantly with electricity access, and given the high poverty rate in Nigeria (poverty head count rate is 40.1% translating to 82.9 million Nigerians) which has been exacerbated by COVID-19 pandemic, improving access to electricity thorough new connections and enhancing distribution efficiency, as envisage in Nigeria DISREP PforR, will facilitate poverty reduction and economic growth. It will also impact education and health. In fact, achievement of DLI 1 will eliminate the practice of issuing estimated bills to customers and which could lead to excessive billing, loss of income and poverty. Effective metering will help to reduce technical and non-technical losses thus enhancing distribution efficiency. Increased distribution efficiency and reliability will increase the number of hours that electricity is available and thus increase opportunities for children to study thereby enhancing educational outcomes. It will also be beneficial to women as studies have shown that profits are higher for women using electricity for enterprises.

 

  1. Also, moderate social risks are associated with the Program and the activities under the DISREP PforR. Power sector workers (especially technical workers) and public safety may be affected during the installation of meters, installation of new feeders and connection of new customers, rehabilitation of distribution lines and Power Transformer (PT) and Distribution Transformer (DT) given the nature of electricity and dangers associated with it. Workers may also be exposed to hazardous substances especially PCB contaminated oil during the rehabilitation of PT and DT and distribution lines. Also, there could be SEA and SH during the distribution and installation of meters in homes and offices, extension of power to underserved areas and localities, and rehabilitation of distribution lines especially giving the influx of power sector workers into the communities and localities. In addition, although it is expected that all customers will be connected to a meter, there could be discrimination against vulnerable people and elite capture in the distribution and installation of meters and in connection of new lines especially if meters are in short supply. Besides, there could be bias—for example, gender, ethnic, religious bias or segregation—due to social stratification in choosing locations where distribution networks will be rehabilitated given that resources may be limited. The DISCOs may choose locations where customers use more electricity and pay more money and neglect areas where poor and vulnerable people reside as the returns from those areas will be less. Indirectly, there could be conflicts between customers and DISCOs as some unscrupulous customers may quarrel with DISCO staff to prevent disconnection after electricity theft or tampering with meters, especially non-smart meters.

 

  1. Following the identification of environment and social risks, the E&S management system in place to manage the identified risks were assessed. The assessment was done in line with the following criteria: strengths of the system, or where it functions effectively and efficiently and is consistent with Bank Policy and Directive for Program-for-Results Financing; inconsistencies and gaps between the principles espoused in Bank Policy and Directive for Program-for-Results Financing and capacity constraints; and actions to strengthen the existing system.

 

  1. Based on the review of the system, in line with the six core principles espoused in the Bank Policy and Directive for Program-for-Results Financing, we found that the six core principles will be applicable to the program. The findings of the assessment of government and DISCO’s systems in line with the core principles are summarized as follows:

 

  1. Core Principle 1 (General Principle of Environmental and Social Management): Regarding government systems, the national policies, regulations and other legislation for environmental management are well defined and consistent with Core Principle 1 of the Bank Policy and Directive, while the Power Sector Reform Act 2005 and accompanying regulations are in place to guide effective E&S management. However, capacity of the federal and state ministries of environment to monitor and enforce EIA requirements is weak. Regarding the DISCOs, most of the DISCOs have HSE and OHS procedures and manuals that guide environmental and social management. However, most of the DISCOs have weak environmental and social management procedures as the HSE and OHS manuals and procedures have gaps and are often focused on health and safety, even as the capacity for management of environmental issues is weak.

 

  1. Core Principle 2 (Natural Habitats and Physical Cultural Resources): Regarding government system, and besides the EIA systems mentioned earlier, the federal and state governments also have introduced a number of forest policies, programs and instruments to facilitate the management of forests and other natural habitats. However, some of them are outdated and deforestation and forest degradation is on the increase. Nigeria has a lot of biodiversity sites including sacred groves as detailed in the National Biodiversity Strategy, however, it is not envisaged that the program will have any adverse impact on biodiversity. Regarding the DISCOs, many of them work with the Federal and State forest departments and commissions in vegetation management along electricity lines to ensure proper vegetation management. However, many of the DISCOs do not have or have weak vegetation management procedure.

 

  1. Core Principle 3 (Public and Worker Safety and Workers Right): The legal/regulatory system includes provisions for protecting worker, community and public safety. Some legislation to ensure worker protection includes the Labour Act of 2004, the Trade Union Amended Act of 2005, and the Employees Compensation Act of 2010. DISCOs have HR policies that guide recruitment, staff promotion, compensation, and discipline etc. Some have guidelines and procedures for handling of hazardous chemicals especially PCB contaminated oil. Also electricity workers in Nigeria have two unions (National Union of Electricity Employees (NUEE) and Senior Staff Association of Electricity and Allied Companies, that fight to protect the rights of workers. However, although they have HR policies, some DISCOs’ HR policies lack procedures in specific areas to facilitate worker security and performance, for example, in areas of GRM, welfare in terms of participation in trade union activities, etc. Also, emergency preparedness procedures are non-existent in some DISCOs while many have weak plans and procedures for managing emergencies as some DISCOs do not have clear procedures for handling PCBs.

 

  1. Core Principle 4 (Land Acquisition): Nigeria has the Land Use Act of 1978 which was modified in 1990. It is the legal basis of land acquisition. A Presidential Technical Committee on Land Reform (PTCLR) is working on issues regarding land reform in Nigeria due to weaknesses in the Act. Acquisition of Land and Access Rights for Electricity Projects Regulations, 2012, provides a robust legal and regulatory framework for the acquisition of land and access rights for electricity projects in Nigeria. Some of the DISCOs do not have procedures for land acquisition and did not indicate that they apply the 2012 regulation. However, there will be minimal land acquisition in the Program and the NERC 2012 regulation will guide it.

 

  1. Core Principle 5 (Social Considerations – Indigenous Peoples and Vulnerable Groups): Chapter IV of the Nigerian Constitution contains a variety of fundamental rights set out in Sections 33 – 44. Most DISCOs have a procedure for consultation with their customers and the general public on electricity matters. However, many of the DISCOs do not have procedures for dealing with vulnerable people and PWDs regarding electricity issues to ensure that they are not treated with contempt and partiality. Also, most of the DISCOs do not have procedures or have inadequate procedures for handling SEA and SH which are part of gender constraints to access to electricity.

 

  1. Core Principle 6 (Social Conflict): The program will be implemented in areas that could be considered as fragile areas in Nigeria, mainly in North East and North West. However, the federal and State presence is strong throughout the country with well-trained police and security forces who maintain the rule of law and also provides security against bandits, and armed insurgents. There is also a justice system with courts where people can seek redress. The federal government also has the public complaints commission where people can make complaints regarding administrative injustices. NERC has a regulation, Customer Complaints Handling: Standards and Procedure 2006, which guides all distribution Licensees in Nigeria in terms of resolving customer complaints. Most of the DISCOs have GRM mechanisms. Although, most of the DISCOs have some grievance redress mechanism and complaints procedure, some of the procedures are weak. Even a DISCO recommended only informal approach. There is disdain for DISCO officials by customers and the general public probably because of the erratic power supply and alleged billing of customers when they did not receive electricity. This perception often results in conflict when DISCOs want to disconnect customer electricity because of non-payment of bills or other issues.

 

  1. The information from this analysis, identification of gaps and opportunities/actions, were used to inform the recommendations and Program Action Plan (PAP).

 

  1. The recommendations are as follows:

 

  1. BPE and NERC, in collaboration with the Federal Ministry of Environment, should develop a protocol/standard in line with WB and Nigeria requirements that will serve as E&S benchmark to guide DISCOs in updating their E&S instruments and systems. Each DISCO will take into consideration annex 9 and the identified gaps / gap filling actions in updating their system in line with the protocol/standard that will be developed.

 

  1. DISCOS should update, harmonize and strengthen their E&S instruments and systems in line with the benchmark of E&S for DISCOs.

 

  1. BPE should conduct annual monitoring of progress and performance on environmental and social issues, especially regarding the compliance of the Program activities with the environmental and social standards and procedures.

 

  1. DISCOs should provide on-site training/capacity building to electricity workers, contractors and laborers that will be involved in rehabilitation and upgrading of distribution lines and grid transformers and those that will be involved in expanding and setting up new connections so that they will be familiar with OHS issues at their workplace/site.

 

  1. DISCOs in collaboration with BPE should work with the local authority in their sub-units to set up local level (through relevant traditional rulers/ institution, Ministry of Chieftaincy Affairs and LGA Chairmen) conflict resolution committee to address conflict related to the program.

 

  1. DISCOs in collaboration with BPE should embark on community-based enlightenment campaign to strengthen citizen engagement through different channels, produce and distribute leaflets and brochures so as to create awareness and familiarize the citizens of the Program.

 

  1. BPE and DISCOs should engage suitable Environmental and Social Risk Management Specialists (could be consultants) as part of the Program Implementation Team in a manner that will be satisfactory to the Bank.

 

  1. The DISCOs in collaboration with BPE should institute a gender-based violence response committee to ensure that survivors can easily and freely report to immediately they experience any assault.

 

  1. The program action plan is presented in Table 1ES below. The PAP will be part of the verification protocol by BPE and IVA.

 

Table 1ES: Program Action Plan (PAP) for Environmental and Social Management

Action Description

Due Date

Responsible Party

Completion Measurement

Actions to be include

in PAD PAP / DISCOs IPAP

Develop a protocol/standard that will serve for benchmarking E&S system, performance and M&E of DISCOs (including but not limited to OHS, community Health and safety, e-waste and hazardous waste management and disposal, SEA/SH, resettlement

Prior to signing on lending agreement / shareholders loan agreement with each DISCO.

BPE

Document acceptable to the Bank containing E&S benchmarks for DISCOs

To be included in PAD PAP

Build the capacities of the DISCOs in terms of environmental and social safeguards of WB and Nigeria.

During Project Implementation

  BPE

Records of trainings

To be included as part of action 5 of the PAD PAP and DISCOs IPAPA

Develop, update, harmonize and strengthen E&S instruments and systems in line with the benchmark of E&S for DISCOs taking into consideration annex 9.

During Program Implementation

All DISCOs

Copies of reviewed documents, documented process of review (review committee list, minutes of meeting, or letters of appointment of Consultants, TOR used in engaging the consultant or review committee).

To be included as part of Action 5 of the PAD PAP and DISCOs IPAP.

Conduct annual monitoring of progress and performance on environmental and social issues, especially regarding the compliance of the Program activities with the environmental and social standards and procedures

At the end of every year

BPE / IVA

Monitoring report, Minutes of meeting during monitoring exercise, pictures taken during monitoring.

To be included in the verification protocol and DISCO’s IPAPs.

Provide on-site training/capacity building to electricity workers, contractors and labourers so they can be familiar with OHS issues at their workplace/site.[1]

During Project Implementation

All DISCOs

Submit Capacity /Training plans /Modules, Lists of participants, pictures during training program.

To be included as part of item 5 of PAD PAP and DISCOs IPAP

Set up local level (through relevant traditional rulers/ institution and LGA Chairmen) conflict resolution committee to address conflict related to the program.

 Prior to rehabilitation of distribution lines / installation of meters.

All DISCOs, LGA Chairmen, Ministry of Local Government and Chieftaincy Affairs.

List of committee members, minutes of committee meetings, photos of inauguration of committee members, attendance list at committee meetings.

To be included as part of item 5 of PAD and DISCOs IPAP

Embark on community-based awareness-raising campaign and citizen engagement through different channels, produce and distribute leaflets and brochures so as to create awareness and familiarize the citizens of the Program.

 Prior to commencement of the rehabilitation works of the lines

All DISCOs, BPE

Copies of radio and television jingles, copies of leaflets and brochures, photos of town hall meetings

To be included as part of item 5 of PAD PAP and DISCOs IPAP

Engage suitable Environmental and Social Risk Management Specialists – one E&S per each DISCO. (Consultants) as part of the Program Implementation Team in a manner that will be satisfactory to the Bank.

Prior to program implementation / prior on lending to specific DISCOs

BPE, All DISCOs

Letters of appointment of Consultants/Specialists, TOR for engagement of consultant, CV of consultant, Annual reports of activities, and maintained throughout the life of the program

To be included as a standalone action in the PAD PAP and at DISCOs IPAP (as condition for signing shareholders loan agreement.

Institute a gender-based violence response Committee

During program implementation s

BPE, All DISCOs

 List of Committee Members, document detailing the operations of the committee approved by top management.

To be included as part of item 5 of PAD PAP and as part of  DISCOs IPAP and at BPE level

Prepare site specific E&S safeguards instruments relevant to rehabilitation of meters, transformers, rehabilitation of lines etc.

Prior to commencement of civil works/ rehabilitation

BPE, All DISCOs

Relevant safeguards instruments.

To be included in the PAD PAP and as DISCOs IPAP

 

SECTION I: BACKGROUND AND SCOPE

 

1.1: Program Description

  1. World Bank is proposing to support the Nigeria Power Sector Distribution companies (DISCOs), through the Government of Nigeria (GoN), with a Performance-for-Results (PforR) instrument referred to as Nigeria Distribution Sector Recovery Program (DISREP) (hereafter, the Program). The Program aims to address the binding constraints for improving the performance of the electricity distribution sector to attract private financing in the sector and is consistent with the “Maximizing Finance for Development” approach. The Program is part of the Programmatic Approach of the World Bank Group to address a variety of the power sector issues. The Program, in parallel with Power Sector Recovery Program (PSRP) PforR, represent a holistic approach to support the recovery of the Nigerian power sector. While the PSRP PforR focuses on improving the policy and regulatory environment, enforcing regulation and addressing tariff-related shortfalls, the proposed DISREP focusses on improving DISCOs operational performance and providing resources for infrastructure investment to improve operational efficiency and achieve financial sustainability of the sector. The Program Development Objective (PDO) of the PforR is to improve financial and technical performance of the electricity distribution companies. The PDO will be monitored through the following PDO level outcome indicators:

 

  1. Percentage of metered customers increases;
  2. Annual electricity billed increases;
  3. Annual collection of billed electricity increases;
  4. Annual verification of DISCOs compliance with Corporate Code of Governance.

 

  1. The DISREP operation is a hybrid one with a PforR component and IPF component. Relevant safeguard instruments, namely, an ESMF, SEP, ESRS, LMP, and ESCP have been prepared for the IPF component.

 

  1. The PforR Program will be limited to only the distribution sector elements of the government Power Sector Recovery Program (PSRP), approved by the Federal Executive Council of the Federation in February 2018, and within the parameters of the NERC approved Performance Improvement Plans (PIP) for each DisCo. The program will focus on the improvements of the distribution sector necessary to absorb a total of 7 GW of available generation (up from current levels of around 4 GW).

 

  1. To improve sustainable access and reliability of power in Nigeria, the Program will contribute to three Result Areas and will achieve seven Disbursement Linked Indicators (DLIs). The proposed Result Areas and DLIs and how they relate to the PSRP is shown in Table 1.1 below  

 

  1. The Bureau of Public Enterprises (BPE) will serve as the implementing Agency of the Program. The BPE will receive loan from World Bank, through the Federal Ministry of Finance, into to their Treasury Single Account (TSA) at the Central Bank of Nigeria (CBN) and then on-lend to the eleven DISCOs in the form of shareholder loans. The terms of the shareholder loans, including their tenures, are to be agreed between the BPE, DISCOs and the MoF. Specific loan amounts to be allocated to each DISCO will be defined by individual investment requirements of each DISCO, based the individual PIPs approved by NERC. An initial advance of 25% is needed to provide required resources to DISCOs to start the implementation of the PIPs. The disbursement will be made followed by subsequent disbursement to the BPE-TSA account every six months after the assessment of the agreed PforR DLIs.

 

Table 1.1. DISREP Result Areas and DLIs and how they relate to the PSRP

Nigeria Distribution Sector Recovery Program

PSRP Component

PSRP Sub-Component

PforR Areas

Proposed DLIs

II. Operational /technical interventions

Improved DISCO performance

Result Area 1: Improved DISCO operational performance

 

DLI#1: Reduction in DISCOs’ metering gap

DLI#2: Number of new connections by DISCOs

DLI#3: Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs

DLI#4: Increased collection efficiency by DISCOs

Results Area 2: Enabling diversification of commercial options for DISCOs to supply their demands

DLI#5: Reduction in transformer technical losses in existing distribution networks 

III. Governance interventions

Restore proper sector governance

Result Area 3: Strengthened governance and transparency

DLI#6: Compliance with NERC Code of Corporate Governance by DISCOs

DLI#7: Implementation of Management Information Systems (MIS) by DISCOs

 

 

1.2: Program Boundaries and Activities

  1. The three Results Areas of the PforR and summary of the DLIs are as follows:

 

  1. Results Area 1: Improved DISCO performance- This Result Area will focus on implementation of key PIP components in order to improve quality of service provided to customers, reduce aggregate technical, commercial and collection (ATC&C) losses in supply, regularize customers and increase connections (leading to increased access and load growth), and improve the ability to monitor and control network performance, and collection processes. ATC&C losses averages over 40%, across all the DISCOs.  Through these investments, DISREP will support the increased electricity access, improved electricity service, improved network economics, and reduced GHG emissions per kWh supplied. Result Area 1 covers four DLI’s as follows:
    1. DLI1- Reduction in DISCOs’ metering gap:  DLI1 be triggered on the installation of meters at currently unmetered and new customers and the resulting reduction in the DISCOs, metering gap, as defined in their PIPs. The disbursement against DLI1 will be aligned with the metering gaps defined in DISCOs individual metering plans that have been developed and submitted to NERC.  Achievement of DLI1 will be monitored and verified by BPE with support of their IVA.

 

  1. DLI 2 – Number of new connections by DISCOs: DLI 2 will be triggered on the connection of new customers to the DISCO distribution grid. DISCOs will provide electricity access through new low voltage feeders and medium voltage lines, which do not involve permanent land acquisition or rights of way, and new connections to existing feeders. DISCOs are also expected to consider increasing access through off-grid (through investments in solar power) and mini-grid[2] solutions where appropriate, including through renewable powered stand-alone and mini-grid systems, which can be constructed by mini-grid developers and connected to the distribution network.  The disbursement against DLI2 will be aligned with the customer connection targets in DISCOs’ PIPs.  Achievement of DLI2 will be monitored and verified by BPE with support of their IVA.

 

  • DLI3 – Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs: DLI3 will be triggered on the rehabilitation of medium voltage (11kV) lines across the distribution network. The disbursement against DLI#3 will be aligned with the DISCOs’ line rehabilitation plans as outlined in their PIPs.  Achievement of DLI3 will be monitored and verified by BPE with support of their IVA.

 

  1. DLI4 – Increased collection efficiency by DISCOs: DLI4 will be triggered based on the revenue collected by DISCOs relative to power billed. Collection efficiency is a broad metric that captures multiple areas of required improvement by DISCOs including customer satisfaction, DISCO billing processes, revenue protection, theft management, etc. The disbursement against DLI4 will be aligned with the DISCOs’ planned improvements in collection efficiency as outlined in their PIPs.  Achievement of DLI4 will be monitored and verified by BPE with support of their IVA.  

 

  1. Results Area 2: Enabling diversification of commercial options for DISCOs to supply their demand- This Result Area will focus on rehabilitating poor performing power transformers (PT) and distribution transformers (DT) which are limiting the ability of DISCOs to handle sufficient power supply to meet customer demand while at the same time limiting DISCOs potential to access new commercial supply options such as purchasing power directly from GENCOs or from embedded generators, such as decentralized renewables.
  1. DLI5 – Reduction in transformer technical losses in existing distribution networks. DLI5 will be triggered on the rehabilitation of power transformers (PT) and distribution transformers (DT) within the distribution grids. DISCOs’ PIPs include information on poor performing transformers along with details on the required rehabilitation and upgrade actions. The disbursement against DLI5 will be aligned with the DISCOs’ transformer rehabilitation plans as outlined in their PIPs.  Achievement of DLI5 will be monitored and verified by BPE with support of their IVA.
  2. Results Area 3: Strengthened governance and transparency- Results Area 3 will address corporate governance and transparency in the operation of the distribution companies. Following the best practice of corporate governance engenders the trust of investors and debtors in the distribution subsector, allowing the DISCOs to be viewed as solid and credible partners both inside and outside Nigeria. Strengthening corporate governance is essential for the DISCOs to be able to raise new capital for investment in the network improvement in line PIP guidelines.
  3. DLI6 – Compliance with NERC Code of Corporate Governance by DISCOs: DLI6 will be triggered based on the verification of ongoing compliance with the NERC Code of Corporate Governance. The disbursement against DLI6 will be based on an assessment of compliance undertaken by NERC on a 6-12 monthly basis. The outcomes of NERC’s verification of compliance will be reported to BPE for verification via the DISREP Technical Committee.

 

  1. DLI7 – Implementation of Management Information Systems (MIS) by DISCOs. DLI7 will be triggered through the incremental implementation of a MIS by DISCOs. NERC defines the key elements of the MIS as being a Commercial Management Systems (CMS), Enterprise Resource Planning (ERP), Geographic Information System (GIS), Incident Recording and Management Systems (IRMS), Supervisory Control and Data Acquisition System (SCADA), Revenue Protection Program (RPP), and Works Management Systems (WMS). The disbursement against DLI7 will be based on a monitoring and verification of MIS implementation and will be undertaken by BPE with support of their IVA.

 

  1. The typology of investments that will be covered by the Program in line with Result Area (RA 1-RA3) and DLI described above is presented in Table 1.2.

 

  1. The DISREP PforR will provide funds to the early stages of PIP implementation to improve DISCOs technical and financial performance, enabling them to raise the private financing required to fully realize their PIP targets. The total funds that will be committed to Nigeria DISREP PforR is US$ 345 million.

 

Excluded Activities

  1. The DISREP PforR component does not support any investments that are not detailed in the approved DISCOs PIPs. The Program will only support investments in infrastructure and assets that are and will remain wholly owned by the DISCOs, irrespective of changes in DISCO operations or ownership. The Program will equally exclude activities that do not meet World Bank policy on eligibility for PforR financing. Specifically, the borrower shall ensure that the Program excludes any activity, for example large scale construction works, construction of distribution sub-stations and construction of other distribution infrastructures which will require right of way or which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse or unprecedented on the environment and/or requires significant land acquisition / large resettlement of affected people or economic impact, as defined in the World Bank policy on PforR financing (September 2020), as well as works, goods and consultancy contracts above the Operations Procurement Review Committee thresholds. The PforR operations in Result Area 1 specifically will be limited to only rehabilitation of existing infrastructure or replacement of specific equipment/infrastructures in already existing distribution infrastructure. This may involve minimal land requirement as working space during the rehabilitation of distribution lines. Increasing of electricity connection through grid, or off-grid infrastructure may also involve minimal land requirement without physical displacement of people. In line with DISREP PforR activities outlined above, the exclusion of the enumerated activities will not impact the achievements of the results under the Program.

 

Table 1.2: Typology of investments to be supported by the DISREP

Potential investments

RA1

RA2

RA3

Infrastructure investments

Upgrade of existing injection substations

·

 

 

Medium-voltage (33kV and 11kV) line rehabilitation

·

 

 

Low-voltage (0.415kV) line rehabilitation

·

 

 

Distribution transformers

·

·

 

Customer metering

·

 

·

Theft reduction technology

·

 

 

Connections to feeders

·

 

 

Feeders

·

 

 

Supply points for grid connections

 

·

 

Supply points for GENCOs to support direct power purchasing

 

·

 

Commercial and management investments

Customer services

·

 

·

Technologies and processes for the management of requests for new connections

·

 

 

Deployment of Commercial Management System (CMS)

·

 

 

Customer Relationship Management (CRM)

·

 

·

Deployment of Enterprise Resource Planning (ERP)

·

 

·

Deployment of Geographic Information System (GIS)

·

 

·

Deployment of Project Management and Works Management Systems

·

 

·

Deployment of Incident Recording and Management Systems (IRMS)

·

 

·

Deployment of Supervisory Control and Data Acquisition System (SCADA) to operate high-voltage and medium voltage infrastructure

·

 

·

Revenue Protection Planning

·

 

·

Health, Safety and the Environment (HSE) applications/implementation

·

 

 

Outage management systems for Quality of Service (QoS) tariff application

·

 

 

Distribution management system/Distribution automation

·

 

·

Data Aggregation Platform

 

 

·

Technologies and processes to manage supply from grid connections, including renewable generation

 

·

 

Technologies and processes to manage supply from direct power purchasing from GENCOs, including from renewable generation

 

·

 

Capacity building

·

·

·

 

 

1.3 Scope of the Environmental and Social Management System Assessment (ESSA)

  1. The ESSA for the program examines the extent to which the Federal and State Governments and DISCOs existing environmental and social management systems operate within, an adequate legal and regulatory framework to guide environmental and social impact assessments, mitigation, management and monitoring at the PforR Program level; and incorporate recognized elements of good practice in environmental and social assessment and management, including: (i) early screening of potential impacts; (ii) consideration of strategic, technical, and site alternatives (including the “no action” alternative); (iii) explicit assessment of potential induced, cumulative, and transboundary impacts; (iv) identification of measures to mitigate adverse environmental or social risks and impacts that cannot be otherwise avoided or minimized; (v) clear articulation of institutional responsibilities and resources to support implementation of plans; and (vi) responsiveness and accountability through stakeholder consultation, timely dissemination of the PforR Program information, and responsive grievance redress mechanisms; among others[3].

 

  1. The ESSA has been prepared to ensure consistency with the “core principles” outlined in the World Bank’s policy for Program-for-Results Financing to effectively manage Program risks and promote sustainable development: The ESSA thereafter identified gaps, defined measures to strengthen the system and recommended measures that will be integrated into the overall Program.

 

  1. The six core principles are:
    1. Environment: Promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts.
    2. Natural Habitats and Cultural Resources: Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the
    3. Public and Worker Safety: Protect public and worker safety against the potential risks associated with: (i) construction and/or operations of facilities or other operational practices under the Program; (ii) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (iii) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards.
    4. Land Acquisition:[4] Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living
    5. Vulnerable Groups: Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable
    6. Social Conflict: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

 

  1. In line with the six core principles the relevant risks within the proposed Result Areas under the PforR cover environmental and social issues and include:
    1. Air, noise, water, soil and groundwater pollution and waste management due to rehabilitation works and possibly from polychlorinated biphenyls (PCB), contaminated oil, biodiversity loss as a result of poor vegetation management during the rehabilitation of feeder lines and other rehabilitation activities along the network; and e-waste generation due to installation/replacement of meters and implementation of MIS system.
    2. Occupational Health and Safety (OHS) issues including COVID-19 and non-COVID-19 issues during rehabilitation of distribution infrastructure, new connections and installation of meters.
    3. Waste management and GHG emissions as a result of rehabilitation of power distribution networks.
    4. Labour and occupational health and safety issues due to labour related rehabilitation of distribution infrastructure, installation of meters, and new connections under the program.
    5. Risk of exclusion of vulnerable and marginalized individuals / groups/disability exclusion, elite capture, etc.
    6. Possibility of gender based violence (GBV) as the Program envisions a range of rehabilitation projects, and these are activities that can increases GBV and risks of SEA/SH due to changes in labour patterns and income, creation of new hot spots for vulnerability, and changing community dynamics.
    7. Although the Program does not lead to ay security problem however, security issues (banditry, armed insurgence, and clashes between herders and farmers) especially in the North East and North West regions can affect rehabilitation of distribution infrastructure, having new connections and installation of meters. 

 

  1. The detail of applicability of Core Environmental and Social Principles (CP) to Nigeria DISREP Disbursement Linked Indicators (DLIs) is presented in Annex 1.

 

  1. Specific environmental and social risks have been assessed and deemed to be of moderate level. The risks were assessed as moderate because the impacts resulting from the activities are temporary, minor, and not in environmental and socially sensitive areas and can be mitigated through normal measures for minor rehabilitation/ construction activities. Although adverse environmental and social impacts are limited, some weaknesses in the borrower’s system and possible lack of capacity to address the environmental and social impacts may limit the PforR’s ability to achieve its environmental and social operational objectives.

 

 

  • Approach of ESSA
  1. The ESSA was prepared through a combination of reviews of existing program materials and available technical literature, interviews and consultations with government staff including staff of NERC, BPE and TCN, non-governmental organizations and electricity consumers, environmental and social regulatory agencies, and staff of DISCOs.

 

  1. An environmental and social risk screening was undertaken at the concept stage (see Annex 2). The purpose of the screening was two-pronged. First, the screening was to confirm that there are no activities which meet the defined exclusion criteria included in the PforR in line with the Bank Guideline for the ESSA. Secondly, the screening established the initial scope of the ESSA. This includes identification of relevant systems under the PforR and relevant stakeholders for engagement and consultations.

 

  1. The ESSA process was informed by the Bank Guidance on PforR Environmental and Social System Assessment (Sept, 2020). The guidance sets out core principles and planning elements used to ensure that PforR operations are designed and implemented in a manner that maximizes potential environmental and social benefits while avoiding, minimizing or mitigating environmental and social harm.

 

  1. Following the initial screening, the system review was conducted using a two-step approach: a. Identification of relevant systems that are pertinent to the ESSA was addressed in Section IV on overview of relevant government and DISCOs environmental and social management systems; and b. assessment of borrower’s (government and DISCOs) environmental and social management systems for consistency with the applicable Core Principles including capacity and enforcement of certain environmental and social measures, was addressed in Section V while environmental and social recommendations was addressed in Section VI.

 

  1. In the assessment of the DISCOs and given the limitations imposed by COVID-19 pandemic, the team visited some of the DISCOs prior to the COVID 19 pandemic, had consultations virtually with the relevant managers and officers in the DISCOs, and reviewed the relevant E&S documents and other institutional documents submitted by the DISCOs in line with the request of the World Bank team.

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION II: STAKEHOLDER CONSULTATION

 

  1. This section provides a summary of the stakeholder consultation activities undertaken for the ESSA as well as future engagement activities for ESSA disclosure.

 

  1. Some consultations were carried out prior to the development of the ESSA despite COVID-19 pandemic. The consultations, which were online via Microsoft Teams, were carried out in line with the World Bank’s guideline on consultation during the pandemic. Different stakeholders were consulted. Those consulted include: the management of each of the eleven DISCOs in Nigeria with some representatives of relevant Ministries from the States within their jurisdiction, which was held between September 14-18, 2020; and with the management of BPE, NERC, and TCN, which was carried out on September 22.

 

  1. Prior to the consultations, the DISCOs were presented with the consultation plan which included list of documents required for the assessment (see Annex 3) and a preliminary brief and questions that guided the discussion (see Annex 4). During the consultation with the DISCOs, the details of the DISREP PforR Program was presented to them. The representatives of the DISCOs also responded to the questions presented to them by the World Bank team. The DISCOs were thereafter requested to respond to the questions in writing and forward to the World Bank team.

 

  1. The summary of the findings of the consultation with the eleven DISCOs on one hand and BPE, NERC and TCN on the other is presented in Tables 2.1 and 2.2 while the detailed report of the consultation with the eleven DISCOs is presented in Annex 5. The attendance list is presented in Annex 6. Further consultations will be carried out with the eleven DISCOs in order to present the findings/report of the ESSA and with government officials and electricity consumers (households and firms).

 

 

Table 2.1: Summary of Responses from DISCOs Regarding Environmental and Social Management Issues

DISCOs

Summary of Responses Regarding Environmental and Social Management Issues

Abuja

 

The responses from the representatives shows that Abuja DISCO has an environmental and social management operations manual that guide actions regarding environmental and social issues. To ensure safety of workers and the public, the representatives of AEDC indicated that they carry out frequent inspections on equipment, public safety sensitization, town hall meetings, and that safety advisories are placed on vehicles, in churches and other public areas. They indicated that they have a GRM and a succession plan.

Benin

The DISCO has an environmental and social management operations manual that guide actions regarding environmental and social issues although they have not been carrying out EIA. Public awareness is carried out with use of signage and other mediums of communication. They also carry out frequent checks on equipment used to ensure public safety. Grievances are addressed through various committees that handle complaints. Conflicts among staff are handled in accordance with the HR manual. They indicated that Benin DISCO is an equal opportunity employer and that one of their Non-Executive Directors is a woman while the CEO/Managing Director for six years is a woman. They also indicated that they have guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination.

Eko

The representatives of Eko DISCO indicated that the company has an environmental and social management operations manual, OHS manual and a waste management plan. They also indicated that Eko DISCO is an equal opportunity employer. They also have a public enlightenment and consultation plan and the safety units ensures that the safety of the public is guaranteed. They also work with Lagos State government on issues of right of way. They indicated that they have a grievance redress mechanism and that conflict with staff are rare, but conflicts are resolved by panels set up by applying conditions of service and existing laws. They also have guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination in line with gender/other issues

Enugu

The representatives of the DISCO indicated that the company has an environmental and social management operations manual, OHS manual and that they work closely with Enugu State Ministry of Environment and with other government agencies responsible for environmental management in the states they operate. They indicated that the enlighten the public through various means including radio programs. They also indicated that they mount warning precautions at strategic areas to draw attention to electricity hazards; they also conduct network inspection and monitoring. They also indicated that they are equal opportunity employer and that PWDs are not discriminated against as they have 10 staff currently who are PWD’s. The DISCO has an organogram with a chain of command for staff but they currently do not have guidelines/ rules regarding succession/ change of top management.

Ibadan

They DISCO indicated that they have an environmental and social management operation, but this is not in detail but they conduct EIAs and also has an OHS manual. They indicated that the safety of the public is guaranteed through engagement of the committee on HSE. Also, the DISCO is an equal opportunity employer and it ensures that PWDs are not discriminated against during recruitment. Conflicts among staff are dealt with in line with their Human Resources Policy. The DISCO has a policy on sexual harassment. There is a complaint centre for customers on issues they may have which are channeled to appropriate departments to rectify. For trade unions, members and staff are free to join or opt out of these unions. For pension schemes, there are schemes present in line with the pension Act. There are guidelines/ rules regarding succession/ change of top management.   

Ikeja

The representatives of the DISCO indicated that the company has an environmental and social management operations manual, OHS manual. The DisCo, according to the representatives, has a public enlightenment and consultation plan as well as a waste management plan and a recruitment and personnel manual. Equal opportunity is ensured by posting available vacancies online. Issues of conflict in host community are dealt with by having frequent interaction with community members. The team indicated that the DISCO has a security policy and a document for staff regarding chain of command and line of reporting; a clear succession plan to minimize conflicts as much as possible.

Jos

The representatives of the DISCO indicated that they do not have guidelines for environmental management however, they carry out environmental management based on state government policies. Regarding grievance redress, the DISCO does not have its own regulations or procedures, but they do have and OHS for guidance. The DISCO does not have an environmental guideline, nor social management plan. They do not usually conduct EIAs.

Kaduna

The representatives of the DISCO indicated that they have an OHS manual; no approved social management plan; no standalone security policy but there are corporate communication guidelines. They indicated that public safety is ensured by implementation of HSE guidelines and procedures. There is also an insurance policy in place to cover any public accidents and they also conduct public enlightenment exercises as well.

Port Harcourt

There are environment guidelines embedded in the safety practice manual. The team indicated that the DISCO has a safety mantra with safety briefs shared to staff; precautions are carried out on arrival at sites as well; while public awareness is carried out in targeted areas; schools, markets, etc. as well as through various media outlets. The DISCO has a log for incidents and cases of near misses

Kano

No response

Yola

They indicated that they were acquired by the federal government and hence applies the federal government institutional frameworks and approaches regarding E&S management.

 

  1. The team also had consultations with NERC, BPE and TCN prior to the drafting of this ESSA. During the consultation held virtually on September 22, 2020, the World Bank Task Team gave a brief introduction of the project and its objectives as well as expectations from the TCN, BPE and NERC. Some discussions also centered on the role of TCN regarding the procurement of meters, Meter Data Management Software and Data Aggregation Platform. The minutes of the consultation is presented in Annex 6. The World Bank Task Team will hold further consultations with the TCN, BPE, NERC, DISCOs, customers, and other stakeholders as part of the program.

 

Disclosure

  1. The final ESSA report will be publicly disclosed on the World Bank external website and in-country portals and at relevant government Ministries, Departments and Agencies (MDAs) at Federal and State levels.

 

 

SECTION III: DESCRIPTION OF EXPECTED PROGRAM ENVIRONMENTAL AND SOCIAL IMPACTS

 

3.1 Overview of Program Risks and Benefits

 

  1. The Nigeria DISREP PforR is one of the programmatic engagements to support FGN’s comprehensive reform effort under the Power Sector Recovery Program (PSRP) and it is meant to support improvement of DISCOs operational performance, service delivery and governance. Given its objective to improve the financial and technical performance of the distribution companies, the Program will ensure distribution efficiency and as such will have a lot of positive outcomes.

 

  1. The Program will involve some direct physical works which will include rehabilitation of distribution lines, rehabilitation of PT and DT, installation of meters and increase in new connections. Thus, environmental and social risks, some of which are indirect and direct, are deemed to be moderate. The details of the range of key environmental and social risks and benefits associated with specific DLIs in the Nigeria DISREP PforR is presented in Annex 8.

 

  • Expected Environmental Benefits
  1. The PforR program will deliver significant environmental benefits especially providing climate co-benefits because of reduction in the use of fossil fuels (petrol and gas) by households and business and also due to cost reduction as a result of improved metering efficiency. In line with the DLIs, the following environmental benefits will be delivered:

 

  1. DLI 1 (Reduction in DISCOs’ metering gap): There could be climate co-benefits due to reductions in the per/kWh GHG emissions associated with the network as a result of reduced use of fossil fuels as consumption of power by customers reduces following the achievement of DLI 1. The achievement of this DLI aligns with the Multilateral Development Banks’ (MDB) list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability.

 

  1. DLI 2: (Number of new connections by DISCOs); DLI 3: (Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs) DLI 4: (Increased collection efficiency by DISCOs) and DLI 5: (Reduction in transformer technical losses in existing distribution networks): There could be climate co-benefits due to reduced use of petrol- powered and diesel-powered electricity generators by households and businesses that will be part of the new connections and rehabilitated distribution lines. This will ultimately lead to improved air quality and reduction in pollutant and greenhouse gas emission. Also, use of off-grid connections through renewable energy-based systems, for new connections, would also have some climate –co-benefits. Achievement of DLI4 will discourage excessive use of electricity by consumers and thus will lead to reduced power consumption, reduced use of fossil fuels and hence reduction in carbon emissions. Besides, rehabilitation of PT and DT will enhance reduction of ATC&C losses and distribution efficiency with associated climate-co-benefits. DLI 2 aligns with MDB list of eligible mitigation activities under Category 1.1: Wind power and Solar power, as well as Category 1.3: New information and communication technology, smart grid and mini grid. DLI 3 aligns with MDB list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability; Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings as well as Category 3.3: Improvement in utility-scale energy efficiency through efficient energy use and loss reduction, or resource efficiency improvements. DLI5 also aligns with MDB list of eligible mitigation activities under Category 2.1 and 3.3.

 

  1. DLI 6: (Compliance with NERC Code of Corporate Governance by DISCOs); and DLI 7 (Implementation of Management Information Systems (MIS) by DISCOs): DLI 6 will also result in enhanced distribution efficiency and thus reduced carbon emission. Achievement of DLI 7 will also enhance distribution efficiency as management will be acting based on concrete evidence. DLI7 DLI aligns with MDB list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings.

 

  • Expected Environmental Risks
  1. The Program is expected to have direct and indirect environmental risks and the risks are adjudged to be moderate. Activities for the achievement of DLI (Reduction in DISCOs’ metering gap) will lead to the generation of e-waste as old and dysfunctional meters will be removed and new ones installed.

 

  1.  Activities for the achievement of DLI 2 (Number of new connections by DISCOs) and DLI 3: (Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs): could lead to increased noise level, and air   pollution from heavy duty vehicles and machines that will be used in the operation, wastes during rehabilitation activities, possible traffic obstruction and fire incident. Also, installation of new feeders into underserved areas near the existing distribution infrastructure may lead to cutting down of trees/vegetation and thus reducing their impact in carbon sequestration. The rehabilitation work could pose a danger to public, risk to community health and workers safety given the nature of electricity (could result in shocks, electrocution or fires) especially if poorly handled.  There is also a possibility that the DISCOs do not have the capacity to manage environmental and social risks. This situation may pose a danger to the safety of workers, the public and environment, there could be sparks and fire incident during installation of meters. Also, there could be groundwater pollution due to possible leakage of PCB contaminated transformer oil during the rehabilitation of PTs and DTs, waste problem possibility of air pollution.

 

  1. DLI 5: (Reduction in transformer technical losses in existing distribution networks): Environmental risks that could be associated with this DLI are air and ground water pollution due to possible leakage of PCB contaminated transformer oil during the rehabilitation of PTs and DTs, noise, traffic obstruction, and possible fire incident.

 

  1. DLI 7 (Implementation of Management Information Systems (MIS) by DISCOs): The achievement of this DLI will lead to the generation of e-waste as some old computers and other ICT facilities will be disposed of and new ones acquired as a result of the updating of the MIS systems.  

 

  1. Regarding mitigation of these environmental risks, an assessment of the borrowers’ environmental systems to be able to mitigate these risks was done in Section IV and gaps and gap filling measures identified.

 

  • Expected Social Benefits:

 

  1. The social benefits of the Program will be high when considered within the perspective of the current situation of power in Nigeria. To date, households, electricity access is still limited in Nigeria. According to the World Bank (Sustainable Access Database), 56.5% of the population in Nigeria had access to electricity in 2018, out of which 81.7% are in the urban area while 30.95% of the rural population has access to electricity. With about 90 million people lacking access to grid electricity, Nigeria has the largest access deficit in Sub-Saharan Africa and the second largest in the world, after India. With the evidence that welfare of the poor improves significantly with electricity access[5], and given the high poverty rate in Nigeria (poverty head count rate is 40.1% translating to 82.9 million Nigerians[6]) which has been exacerbated by COVID-19 pandemic, improving access to electricity thorough new connections and enhancing distribution efficiency, as envisage in Nigeria DISREP PforR, will facilitate poverty reduction and economic growth. It will equally impact on education and health. Figure 3.1 shows the impact pathway of electricity consumption through macro-level, or economy-wide, effects and through effects at the consumer level. In line with the DLIs, the social benefits expected are as follows:

 

Source: adapted from Pueyo et al. (2013)[7].

Figure 3.1: Impact pathways of electricity consumption

 

  1. DLI 1(Reduction in DISCOs’ metering gap): Achievement of this DLI will eliminate the practice of issuing estimated bills to customers and which could lead to excessive billing, loss of income and poverty. Effective metering will equally help to reduce technical and non-technical losses thus enhancing distribution efficiency and increased income for households and businesses and hence poverty reduction and economic growth as most citizens rely on income from enterprises that use electricity. Increased distribution efficiency and reliability will increase the number of hours that electricity is actually available and thus increase opportunities for children to study, thereby enhancing educational outcomes. It will also be beneficial to women as studies[8] have shown that profits are higher for women using electricity for enterprises.

 

  1. DLI 2 (Number of new connections by DISCOs): Increased access to reliable electricity supply, through new connections, is expected to increase productivity and improve health with local and global impacts. The income of those that are getting connected to electricity, especially women involved in small businesses, will be enhanced, while costs associated with the use of generators for electricity in the households and businesses prior to the connection will be eliminated and poverty will be reduced. The extension of electricity to new customers, especially in the rural areas, through the new connections will facilitate their economic activities and help them recover from the economic hardship due to COVID-19 pandemic. Also, school children and youths in the areas receiving new connections will have electricity which will enhance their studies with positive education outcomes. Besides, women especially, who often need power for most home activities will be impacted on positively.

 

  1. DLI 3 (Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs) and DLI 5 (Reduction in transformer technical losses in existing distribution networks): Rehabilitation of the distribution lines and PT and DT will lead to the reduction in AT&C losses, enhanced distribution efficiency and reliability of electricity supply. This will lead to increased income for households and businesses that rely on electricity for economic activities and thus facilitate poverty reduction and recovery from the economic crisis as a result of COVID-19. Also, the performance of school children and youths residing in areas with stable electricity supply due to the rehabilitation will be enhanced. Women especially, who often need power for most home activities will be impacted on positively. The rehabilitation of the distribution network and PT and DT will equally help to reduce the incidence of near missises and grantee the safety of workers, customers and the general public.

 

  1. DLI 4 (Increased collection efficiency by DISCOs): Currently average collection rate across the DISCOs currently stands at 66%. Similarly, to technical losses, the 34% of electricity supply that goes unpaid represents a significant revenue gap for DISCOs and for the entire power sector. Thus, efficiency in collection of tariffs will enhance DISCOs income as the DISCOs’ revenue gap will be reduced This will facilitate their performance in ensuring distribution efficiency and stability of power supply. This will in turn lead to increased income for households and businesses that rely on electricity for economic activities and thus facilitate poverty reduction and economic growth. Women and other vulnerable groups that need power to facilitate their economic activities will be impacted on positively.

 

  1. DLI 6 (Compliance with NERC Code of Corporate Governance by DISCOs) and DLI 7 (Implementation of Management Information Systems (MIS) by DISCOs): A strong governance mechanism will facilitate distribution efficiency which is associated with many social benefits including enhanced income and poverty reduction. Also, an MIS system will help facilitate incident recording and thus, public and worker protection. It will also strengthen the management of the DISCOs and decision regarding every aspects of electricity distribution will be evidence based. Thus, an effective MIS system in the DISCOs will facilitate improved financial and technical performance resulting in distribution efficiency and stability in power supply which will in turn will enhance income and poverty reduction.

 

 

 

3.5 Expected Social Risks:

  1. Given the nature of electricity, and the activities under the DISREP PforR, some social risks are associated with the Program although moderate. In line with the DLIs, the social risks expected are as follows:

 

  1. DLI 1 (Reduction in DISCOs’ metering gap), DLI 2 (Number of new connections by DISCOs), DLI 3 (Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs) and DLI 5 (Reduction in transformer technical losses in existing distribution networks): Power sector workers (especially technical workers) and public safety may be affected during the installation of meters, installation of new feeders and connection of new customers, rehabilitation of distribution lines and PT and DT given the nature of electricity and dangers associated with it. Workers may also be exposed to hazardous substances, especially PCB-contaminated oil during the rehabilitation of PT and DT. Also, there could be SEA and SH during the distribution and installation of meters in homes and offices, extension of power to underserved areas and localities, and rehabilitation of distribution lines especially giving the influx of power sector workers into the communities and localities. In addition, there could be discrimination against vulnerable people and elite capture in the distribution and installation of meters and in connection of new lines especially when meters are in short supply. Besides, there could be bias, for example, gender, ethnic, religious bias or segregation due to social stratification in choosing locations where distribution networks will be rehabilitated given that resources may be limited. The DISCOs may choose locations where customers use more electricity and pay more money and neglect areas where poor and vulnerable people reside as the returns from the areas will be less. Indirectly, there could be conflicts between customers and DISCOs as some scrupulous customers may tamper with meters or quarrel with DISCO staff to prevent disconnection after electricity theft or tampering with meters especially non smart meters.

 

  1. DLI 4 (Increased collection efficiency by DISCOs): In order to achieve this DLI, workers’ safety may be threatened when disconnecting customers that have not paid or those that tampered with meters/involved in electricity theft. Use of smart meters will limit the problem of tampering with meters and electricity theft. There is also possibility of GBV, SEA/SH especially involving power sector workers and customers.

 

  1. Although the program will not trigger any security issues, security risks are a contextual risk that may prevent the achievement of the DLIs. Security risk is very pronounced in North East and North West Nigeria where there have been armed insurgency, banditry, kidnapping, clashes between farmers and herders. There is also ethnic tension across the country with different groups agitating for self-determination and posing security threats. Although government is making a lot of efforts to deal with these issues, security remains a threat to the Program.

 

 

 

 

 

 

 

 

 

 

 

SECTION IV: OVERVIEW OF RELEVANT BORROWER’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS

 

4.1  Description of Government Policy and Legal Framework

 

  1. The Government of Nigeria (GoN) has a number of policies, instruments and laws which support environmental and social management and environmental and social impact assessment processes. There are a number of sectoral policies which provide directives to integrate environmental and social considerations in the decision-making process to avoid or minimize impacts associated with program implementation. This section summarizes the policy, regulatory, institutional and legal frameworks for environmental management Nigeria. The World Bank safeguard polices, and international environmental agreements and conventions are also presented.

 

4.1.1 Environmental Policy, Regulatory and Institutional Frameworks

  1. This sub-section describes the GoN’s environmental management systems in relation to the core principles incorporated into the Bank Policy Program for Results Financing:
  • general principles of environmental and social impact assessment and management;
  • mitigation of adverse impacts on natural habitats and physical cultural resources; and,
  • protection of public health worker safety.

 

National Policy on the Environment 2016

  1. The goal of the National Policy on the Environment is to ‘ensure environmental protection and the conservation of natural resources for sustainable development’. This goal is meant to be achieved by the following strategic objectives:
  2. securing a quality of environment adequate for good health and wellbeing;
  3. promoting sustainable use of natural resources and the restoration and maintenance of the biological diversity of ecosystems;
  • promoting an understanding of the essential linkages between the environment, social and economic development issues;
  1. encouraging individual and community participation in environmental improvement initiatives;
  2. raising public awareness and engendering a national culture of environmental preservation; and
  3. building partnership among all stakeholders, including government at all levels, international institutions and governments, non-governmental agencies and communities on environmental matters.

 

National Forestry Policy (2006)

  1. Nigeria’s National Forestry Policy was approved in 2006. The legislation to support this Policy, known as the National Forestry Act, has not been passed into law. Once passed, the National Forestry Act will be administered by the Federal Department of Forestry which is a parastatal agency of the FMEnv. The overall objective of the national forest policy is to achieve sustainable forest management that would ensure sustainable increases in the economic, social and environmental benefits from forests and trees for the present and future generation including the poor and the vulnerable groups. Specifically, the objectives include the need to:
  • increase, maintain and enhance the national forest estate through sound forest management practices;
  • address the underlying causes of deforestation, desertification including lack of policy support, market distortions, weak regulations and rural poverty;
  • promote and regulate private sector involvement in forestry development, and to create a more positive investment climate in the sector;
  • capitalize on the economic, social and environmental opportunities in forestry without undermining the resource base’
  • encourage forest dependent people, farmers and local communities to improve their livelihood through new approaches to forestry;
  • ensure the survival of forest biodiversity and to balance this with the pressing development needs of the country;
  • rehabilitate and conserve key watershed forests;
  • promote and maintain the greening of the urban environment, and meet the increasing demand for forest products by urban centres;
  • ensure that improved tenure to land and tree acts as an incentive for individuals, communities and women in particular to invest in forestry;
  • help private owners and communities to reserve land for forestry;
  • build capacity and systems for state and local government to engage actively in forest resources management and development;
  • apply an effective regulatory system to safeguard public interests under private sector forest management agreements to ensure adequate legal provisions for tenure in order to encourage long-term investment;
  • develop partnerships or management agreement with local communities that improve forest management and alleviate poverty;
  • strengthen and make best use of the capacity and reach of NGOs and CBOs in facilitating forest development;
  • develop and promote responsive, affordable, well-informed and decentralized forestry advisory services to farmers, communities and the forest industry;
  • develop and support demand driven, well-coordinated forestry research and training institutions and programmes; and
  • develop a forest sector programme that translates forest policy into action in a way that complements programmes in related sectors.

 

  1. There are three categories of protected areas in Nigeria established to protect flora and fauna. These categories are the National Parks, Game Reserves and Forest Reserves. At the national level, the mandate for wildlife conservation and protected areas management is the responsibility of the National Parks Service, an agency within the FMEnv. There are seven national parks spread across the country. These parks receive the highest level of protection in accordance with the National Parks Service Act of 1999, No A variety of game reserves are managed by the states in which they reside in an effort to preserve wildlife species. States also manage innumerable forest reserves with the intention of preserving trees and other plant species along with associated wildlife.  Many forests are highly degraded due to unsustainable extraction of timber and non-timber forest products, namely, fuelwood, economically important plant species, bushmeat and other resources.

 

Environmental Impact Assessment Act (EIA) N0. 86 of 1992

  1. The Act, which is a direct response to the outcome of the United Nations Conference on Environment and Development (UNCED) in Rio in 1992, outlines the goals and objective of an EIA, the minimum content of an EIA and a list of activities that are not permitted to go ahead until FEPA, now Federal Ministry of Environment has been consulted and has given its approval. The main aim of the Act is to ensure environmentally sound and sustainable development projects. The Act makes it mandatory for an EIA to be carried out for certain types of projects comprising various industrial, mining and petroleum activities. It categorized projects to indicate the level of analysis required. Category 1 projects indicates an expectation of significant environmental impacts and need to undertake a full EIA with a comprehensive report. These are project in environmentally sensitive areas, for example, coral reefs, mangrove swamps, tropical rainforests, areas with erosion soils, natural conservation areas etc. Category 2 indicates that a proposal may have impacts of a lesser magnitude that can be more readily mitigated. Here, some level of analysis is necessary depending on the type of impacts. This involves projects in agriculture and rural development, industry and infrastructure etc. Category 3 indicates that no adverse impacts are expected, and that no EIA is needed, for example, nutrition programs, education programs, etc. The EIA procedural guideline in Nigeria involves project proposal, initial environmental examination, screening, scoping, EIA study, review, decision making, monitoring and audit. Table 2.1 summarizes the other existing regulations applicable to environmental protection while Table 2.2 presents a list of proposed legislations.

 

Nigerian Environmental Management Act:

  1. This act was drafted following the amalgamation of the Federal Environmental Protection Agency into the Ministry of Environment but was never ratified. It repeals the 1988 Federal Environmental Protection Agency Decree No.58 (amended No.59 and No.14) and establishes the FEPA as part of the Ministry with the Minister of Environment having primary responsibility for its implementation.  It does not repeal any other environmentally related legislation. As well as the general environmental provisions, which include environmental sanitation and occupational health, it specifies the powers of authorized officers, penalties and fines. The Act gives the Minister the authority to grant environmental permits for prescribed activities which includes sand mining but not any other mining activities.

 

National Environmental Standards and Regulations Enforcement Agency (NESREA) (Establishment Act, 2007):

  1. The main aim of this act is to establish the National Environmental Standards and Regulations Enforcement Agency (NESREA). The agency has responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology, including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines. Its key role is to enforce compliance with laws, guidelines, policies and standards on environmental matters including provisions of international agreements, protocols, conventions and treaties on the environment, namely climate change, biodiversity, conservation, desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution, sanitation and such other environmental agreements as may from time to time come into force; enforce compliance with policies, standards, legislation and guidelines on water quality, environmental health and sanitation, including pollution abatement, among others.

 

National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulation, 1991 S. 1. No 9.

  1. The regulation imposes restrictions on the release of toxic substance to the environment. It also indicates that the collection, treatment, transportation and final disposal of waste shall be the responsibility of the industry or facility generating the waste. The regulations require industries and facilities including mining sector to monitor pollution to ensure control. Other provisions of the regulation include permit by industries for storage and transportation of harmful toxic wastes; strategies for waste reduction; disposal of solid wastes in environmentally safe manner; and protection of workers. Penalties for contravention are also spelt out in the regulation.

 

National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations, 1991 S. I. No. 15.

  1. The regulations make provisions for the handling and management of solid hazardous waste as well as define the objectives of hazardous waste management, the functions of appropriate government agencies and the obligations of industries. The regulations highlighted dangerous waste lists and guidance on the management of spills and discharges into the environment. The regulations also define the requirements of ground water protection, surface impoundment, land treatment, waste piles, etc. The hazardous substance tracking program with a comprehensive list of acutely hazardous chemical products and dangerous waste constituent are also provided in the regulations as well as the requirements and procedure for inspection, enforcement and penalty.

 

  National Environmental Protection (Effluent Limitation) Regulations, 1991 S.I. No8.

  1. These regulations make it mandatory for every industry to install anti-pollution equipment for the detoxification of industrial effluent chemicals discharge and also make provision for further effluent treatment. The regulations also prescribe maximum limit of effluent parameters allowed for discharged and spell out penalties for contravention.

 

National Environmental Health Practice Regulation 2016:

  1. The regulation was enacted as a supplement to the Environmental Health Officers Registration Etc. Act, 2002. The regulations provides guideline for the enforcement of the regulatory powers in the Act; prevent and abate nuisance, protect, preserve and promote the physical and social well-being of the public; prevent and control the incidence of communicable diseases through environmental health intervention; reduce environmental hazards to health, safeguard and maintain aesthetic value of the environment; promote the general welfare of the public by regulating the sanitary construction and sanitation of all premises; and regulate private and public sector collaboration for purposes of maintaining adequate sanitation and promotion of public health and safety.

 

  1. To enhance environmental protection in Nigeria, some statutory provisions have been put in place: Table 3.1 the regulations governing environmental management in Nigeria which were instituted prior to the establishment of NESREA. With the establishment of NESREA, the agency has developed thirty-three environmental regulations for environmental management. The regulations cover various environmental issues including power. According to NESREA, these regulations are to ensure that our national development agenda is not at variance with the carrying capacity of our fragile environment. With the recent outbreak of corona virus pandemic (COVID-19), the agency developed guidelines for handling of infections waste within the context of corona virus (COVID-19) and guidelines for handling chemicals used for disinfecting surfaces against coronavirus (COVID-19). Details of the regulations and guidelines can be found in NESREA website.

 

Table 4.1: Existing National Environmental Protection Regulations

Regulations

Year

Provisions

Workmen Compensation Act

1987

Occupational health and safety

Harmful Wastes (Special Criminal Provisions etc.) Decree No. 42

1988

Provides the legal framework for the effective control of the disposal of toxic and hazardous waste into any environment within the confines of Nigeria

National Environnemental Protection (Effluent Limitation) Régulation

1991

The regulation makes it mandatory for industrial facilities to install anti-pollution equipment, makes provision for effluent treatment and prescribes a maximum limit of effluent parameters allowed. 

National Environmental Protection (Pollution and Abatement in Industries in Facilities Producing Waste) Regulations

1991

Imposes restrictions on the release of toxic substances and stipulates requirements for monitoring of pollution.  It also makes it mandatory for existing industries and facilities to conduct periodic environmental audits.

National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations.

1991

Regulates the collections, treatment and disposal of solid and hazardous wastes from municipal and industrial sources.

National Guideline and Standard for Environmental Pollution Control

1991

The regulations provide guidelines for management of pollution control measures.

Environmental Impact Assessment Act (Decree No. 86).

1992

The decree makes it mandatory for an EIA to be carried out prior to any industrial project development

Urban and Regional Planning Decree No 88

1992

Planned development of urban areas (to include and manage waste sites)

 

  1. Other provisions are:
  2. Environmental Impact Assessment Procedural Guidelines 1995
  3. Guidelines and Standards for Environmental Pollution Control in Nigeria 1991
  4. Environmental Impact Assessment (Amendments) Act 1999
  5. National Guidelines and Standards for Water Quality 1999
  6. National Guidelines on Environmental Management Systems (EMS) 1999
  7. National Guidelines on Environmental Audit in Nigeria 1999

 

 Description of Environmental Institutional Framework

  1. The main institutions with key responsibilities for environmental and social management are as follows:

 

 Federal Ministry of Environment

  1. The FMEnv was created in 1999 and replaced the Federal Environmental Protection Agency. At the time it also incorporated nine Departments from other Ministries.  The mandate of the new Ministry is to co-ordinate environmental protection and natural resources conservation for sustainable development and specifically to:
  2. Secure a quality of environment adequate for good health and well-being;
  3. Promote the sustainable use of natural resources;
  1. Restore and maintain the ecosystem and ecological processes and preserve biodiversity;
  1. Raise public awareness and promote understanding of linkages of environment; and
  2. Co-operate with government bodies and other countries and international organizations on environmental matters.

 

The National Environmental Standards and Regulations Enforcement Agency (NESREA)

  1. NESREA is an Agency of the Ministry of Environment and is charged with the responsibility of enforcing environmental laws, regulations and standard in deterring people, industries and organization from polluting and degrading the environment. NESREA has the responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination, and liaison with, relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.

Some functions of the Agency, amongst others, include to:

  • enforce compliance with laws, guidelines, policies and standards on environmental matters;
  • coordinate and liaise with, stakeholders, within and outside Nigeria on matters of environmental standards, regulations and enforcement;
  • enforce compliance with the provisions of international agreements, protocols, conventions and treaties on the environment including climate change, biodiversity conservation, desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution, sanitation and such other environmental agreements as may from time to time come into force;
  • enforce compliance with policies, standards, legislation and guidelines on water quality, Environmental Health and Sanitation, including pollution abatement;
  • enforce compliance with guidelines, and legislation on sustainable management of the ecosystem, biodiversity conservation and the development of Nigeria’s natural resources;
  • enforce compliance with any legislation on sound chemical management, safe use of pesticides and disposal of spent packages thereof;
  • enforce compliance with regulations on the importation, exportation, production, distribution, storage, sale, use, handling and disposal of hazardous chemicals and waste, other than in the oil and gas sector;
  • enforce through compliance monitoring, the environmental regulations and standards on noise, air, land, seas, oceans and other water bodies other than in the oil and gas sector;
  • ensure that environmental projects funded by donor organizations and external support agencies adhere to regulations in environmental safety and protection;
  • conduct environmental audit and establish data bank on regulatory and enforcement mechanisms of environmental standards other than in the oil and gas sector;
  • create public awareness and provide environmental education on sustainable environmental management, promote private sector compliance with environmental regulations other than in the oil and gas sector and publish general scientific or other data resulting from the performance of its functions; and
  • carry out such activities as are necessary or expedient for the performance of its functions.

 

The Agency has powers to:

  • prohibit processes and use of equipment or technology that undermine environmental quality;
  • conduct field follow-up of compliance with set standards and take procedures prescribed by law against any violator;
  • subject to the provision of the Constitution of the Federal Republic of Nigeria, 1999, and in collaboration with relevant judicial authorities establish mobile courts to expeditiously dispense cases of violation of environmental regulation.

 

4.1.2 Social Policy, Regulatory and Institutional Frameworks

  Labor Laws and Labor Protection

  1. Labor law is well developed in Nigeria; with laws defining the rights and obligations of labor and regulating most aspects of the relationship between the employer and labor including contracts, wages and hours, discrimination, terminations, lay-offs, safety, pregnant workers, reasonable accommodations and others. National Labor and Employment law is largely based on the following statutes:
    • the Labor Act of 2004;
    • the Trade Union Amended Act, 2005;
    • the Employees Compensation Act, 2010;
    • the Factories Act, 2004;
    • the Pensions Act, 2004; and
    • The Trade Disputes Act, 2004.

 

  The Labour Act of 2004

  1. The Labour Act 2004 was enacted to replace the Labour Code Act and to consolidate the law relating to labour. Part 1 of the Act provides for the protection of wages, contracts of employment and terms and conditions of employment; part 2 provides for recruiting; part 3 provides for special classes of worker and miscellaneous special provisions; while part 4 is supplemental. The Act in the different parts made a lot of provisions to ensure that the interest of the worker is protected. For example, under protection of wages the Act made provisions to ensure that the worker’s dignity regarding wages is maintained. For example, the Act provides in part 1No 2 that no employer shall impose in any contract for the employment of any worker any terms as to the place at which, or the manner in which, or the person with whom any wages paid to the worker are to be expended; and every contract between an employer and a worker containing any such terms shall be illegal, null and void.

 

The Trade Union (Amended) Act 2005

  1. The Trade Union Act (the Principal Act) makes provisions with respect to the formation, registration and organization of trade unions, and the Federation of Trade Unions. As provided in the Act, “trade union” means any combination of workers or employers, whether temporary or permanent, the purpose of which is to regulate the terms and conditions of employment of workers, whether the combination in question would or would not, apart from this Act, be an unlawful combination by reason of any of its purposes being in restraint of trade, and whether its purposes do or do not include the provision of benefits for its members. The Act prohibits unregistered unions from function. The Principal Act was amended in 2005 to make some more provisions especially as to reduce conflicts between government and trade unions and to protect workers. For example, regarding membership of trade unions, the amended Act provides in Section 12 (4) that membership of trade union is voluntary. It states that “notwithstanding anything to the contrary in this Act, membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member”. The amended Act, to ensure the funding of trade unions, empowers employers to make deduction from the wages of every worker who is a member of any of the trade unions for the purpose of paying contributions to the trade union so registered; and remit such deductions to the registered office of the trade union within a reasonable period or such period as may be prescribed from time to time by the Registrar.

 

The Employees Compensation Act 2010:

  1. The Employee’s Compensation Act, 2010 is a social security/welfare scheme that provides comprehensive compensation to employees who suffer from occupational diseases or sustain injuries arising from accidents at workplace or in the course of employment. The basis or justification for ‘compensation’ is the employer’s duty of care. The objectives of the Act are as follows:

(a) provide for an open and fair system of guaranteed and adequate compensation for all employees or their dependents for any death, injury, disease or disability arising out of or in the course of employment;

(b) provide rehabilitation to employees with work-related disabilities as provided in this Act;

(c) establish and maintain a solvent compensation fund managed in the interest of employees and employers;

(d) provide for fair and adequate assessments for employers;

(e) provide an appeal procedure that is simple, fair and accessible, with minimal delays; and

(f) combine efforts and resources of relevant stakeholders for the prevention of workplace disabilities, including the enforcement of occupational safety and health standards.

 

The Factories Act 2004

  1. An Act to provides for the registration, etc., of factories provides for factory workers and a wider spectrum of workers and other professionals exposed to occupational hazards, but for whom no adequate provisions had been formerly made; and provides for adequate provisions regarding the safety of workers to which the Act applies and to impose penalties for any breach of its provisions. The Act in sections 2(1) and 3(1) provides that any premises used as a factory must be registered as such. In addition to other provisions the Act provides for cleanliness of factories, avoidance of overcrowding which could cause risk or injury to the health of workers, adequate ventilation in workrooms, lighting of workrooms, provision of sanitary conveniences, among others. These are aimed for the protection of workers and others in the factory.

 

The Pension Reform Act 2004:

  1. The Act established the contributory pension scheme (the Scheme) for employees in the public and private sectors in Nigeria; and the National Pension Commission (NPC), in order to facilitate the payment of retirement benefits to deserving employees. As provided in the Act, the objectives of the Scheme are to: 

 

(a) ensure that every person who worked in either the Public Service of the Federation, Federal Capital Territory or Private Sector receives his retirement benefits as and when due:

(b) assist improvident individuals by ensuring that they save in order to cater for their livelihood during old age: and

(c) establish a uniform set of rules, regulations and standards for the administration and payments of retirement benefits for the Public Service of the Federation, Federal Capital Territory and the Private Sector. On the other hand, the principal object of the Commission, as provided in the Act, shall be to regulate, supervise and ensure the effective administration of pension matters in Nigeria.

 

The Trade Disputes Act, 2004

  1. The Act makes provisions for the settlement of trade disputes and other matters ancillary thereto. The Act established the National Industrial Court. The Act provides for procedure of settling dispute before it is reported; apprehension of trade dispute by the Minister; reporting of dispute if not amicably settled; appointment of conciliator, etc. Regarding the procedure before dispute is reported, the Act provides that parties to the dispute shall first attempt to settle it by an agreed means for settlement of the dispute apart from the Act. It is only when this procedure fails or does not exist that the parties report within seven days and come together to settle the dispute under a conciliator. Notwithstanding this provision, the Minister can apprehend the dispute and decide on the cause of action for the settlement of the dispute.

 

  1. The Federal Ministry of Labor and Employment is the main regulatory agency. There are also well-organized labor unions within Nigeria. The National Industrial Court has exclusive jurisdiction in civil cases connected to labor, employment, trade unions and matters related to the workplace including health and safety. With regard to discrimination, Section 42 of the Nigerian Constitution provides for freedom from discrimination on the basis of sex, age, ethnic group, disability and political affiliation.

 

  1. The Inspectorate (INSP) Department of the Ministry of Labour and Employment is the department responsible for monitoring and inspecting the implementation of labour laws and policies in order to ensure compliance. The INSP mandates are to conduct labour inspection services to industrial, agricultural and commercial workplaces to enforce the National Labour Standards; enforce the National Policy on Child Labour and its National Action Plan on the Elimination of Child Labour in Nigeria; supplies technical information and advice to employers and workers concerning the most effective way to complying with Labour Act and related legislations; collates and analyze information needed to preventive mediation, with a view to nipping in the bud, potential areas of conflict between labour and management; educates and builds capacity of professional Officers of the Ministry and Employers on labour administration and emerging trends in the world of work; ensures fair labour practices through intervention and handling of labour complaints; and survey and monitor Labour Health Areas to ensure compliance to labour standards and protection of workers. They are also responsible for gender issues in the ministry; and mainstreaming and coordination of gender related activities in work places and in other ministries; serves as advisor to labour matters to state government; responsible for the administrative, advisory, operational and development (capital projects) matters related to Labour Administration in all the States of the Federation and FCT, Abuja; serves as secretariat of the National Steering Committee on Child Labour (NHFC); serves as secretariat to National Housing Facilitation Council (NHFC); serves as secretariat to Senior Officers Conference of the Ministry and its parastatals; and serves as co -secretariat to Alliance 8.7 in Nigeria.

 

  1. The Labor Act of 2004 is in force in all States of the federation however, the capacity to enforce labor laws is weak given the availability of resources. In 2015, the Labor Inspectorate employed 660 labor inspectors lower than ILO’s recommendation of 3800 in order to adequately enforce labor laws throughout the country (one inspector for every 15,000 workers in industrializing economies). The Act sets out the minimum age for work as 12, and the minimum age for hazardous work as 18. However, there are inconsistencies in the laws making it unclear what minimum ages apply for certain types of work.   

 

Child Rights Act

  1. The Federal Child’s Right Act (CRA) (2003) codifies the rights of children in Nigeria. The Act was designed to incorporate into its laws all the rights guaranteed in the United Nations’ Convention on the Rights of the Child. The U.N. convention, adopted in 1989, states that: “The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.” The Act must be ratified by each state to become law in its territory.

 

Frameworks for Gender Issues

  1. Nigeria has committed herself in principle to promoting gender equity and social inclusion. Several policy statements and programs at the state and federal levels clearly indicate the nation’s commitments to achieving the Sustainable Development Goals (SDGs) especially goal 5 on gender equality. The nation established the Ministry of Women Affairs at both federal and state levels in 1999. Nigeria also signed various treaties that promote gender equality and empowerment including the United Nation (UN) Conventions on the Elimination of all forms of Discrimination Against Women (CEDAW) in 2000 and the African Union (AU) Protocol on Women Rights. The Nigerian National Assembly has passed specific bills directed at protecting women such as Senate Bill 66 (2008) which provided for the abolition of all forms of discrimination against women in Nigeria and Senate Bill 300 (2009) which amended the Labor Act to remove discrimination against women relating to night shifts and underground work (Federal Government of Nigeria 2009). The House of Representatives also passed bills that sought to protect women by prohibiting corporate prostitutions (2009), providing support for battered women (2003) and prohibiting Female Genital Mutilation (FGM) (2000).

 

  1. Many States in Nigeria are gender sensitive in its activities and has domesticated some gender-based legislations (see Annex 6) and conventions which Nigeria signed into, for example, the Violence Against Person Prohibition Act of 2015. The Women and Gender Affairs Department of the Ministry of Women Affairs is one of the key operational Departments charged with the responsibility of promoting women’s advancement at both State and National levels.

 

Management of Land Acquisition

  1. Land holdings in Nigeria can be broadly classified into public/government, private, and communal. Public/government lands are lands owned by government comprising federal, state and local governments and their agencies. Private lands are defined as those whose ownership is vested in private individuals, families, and lands under customary tenancies. Communal lands are lands which have their ownership vested in communities. These lands are usually administered by community leaders with the assistance of their councils of elders.

 

  1. The legal basis for land acquisition and resettlement in Nigeria is the Land Use Act of 1978 which was modified in 1990. The critical sections regarding land acquisition is as follows:
  • Section 1: Subject to the provision of this Act, all land comprised in the territory of each state in the Federation is hereby vested in the Governor of each state and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provision of this Act.
  • Section 2: (a) All land in urban areas shall be under the control and management of the Governor of each State; and (b) all other land shall be under the control and management of the local government within the area of jurisdiction in which the land is situated.

 

  1. Therefore, according to the Land Use Act, all land in Nigeria is vested in the Governor of each State and shall be held in trust for the use and common benefit of all people. The administration of land area is divided into urban land which is directly under the control and management of the Governor is each State; and non-urban land, which is under the control and management of the Local Government. The Governor of each State has the right to grant statutory rights of occupancy to any person or any purpose; and the Local Government will have the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes.

 

Grievance Redress Mechanism in Nigeria

  1. In Nigeria, there are different approaches, (but often specific to issues, institutions involved or projects), to make complaints and obtain redress. First, the justice system provides for courts where aggrieved persons can seek redress. Also there is the Public Complaints Commission where individuals and groups can lodge complaints against administrative injustice and get redress. Besides, the Ministry of Justice has the Legal Aids Council established under the law (Legal Aids CAP L9, 2011) which provides legal aid and advice to people with low income, among others. Some state government also have different institutional arrangements for providing free legal services to the poor and vulnerable, for example, Public Defender Law and Multidoor Courthouse Law in Delta State Nigeria; and the Special People’s Law in Lagos State Nigeria.

 

4.1.3 State Level Environmental Policy, Regulatory and Institutional Frameworks

  1. Almost all the states in the country and the FCT have a State Ministry of Environment established by the State government. In some States this office is combined with another function such as Ministry of Environment and Natural Resources in Kaduna State; or Ministry of Environment and Mineral Resources in Enugu State. Some states, in addition to the establishing a Ministry of Environment also has State Environment Protection Agency for example, Kaduna Environment Protection Authority is the enforcement arm of the State Ministry responsible for environment, waste disposal, etc.; or State Waste Management Agency. Some states also have laws and regulations guiding environmental management. The main functions of the State Ministry of Environment are as follows:
  2. Formulation and implementation of environmental policies and programs for the states;
  3. Monitoring and enforcement of environment laws and regulations in the state;
  4. Collaboration with federal government and donor agencies on environmental

matters;

  1. Control of environmental and natural resources degradation;
  2. Coordinates and supervises the activities of environmental agencies within the state; among others.

 

  • Power Sector Policy, Legal and Institutional Framework in Nigeria

The National Energy Policy: The FGN recognizes that women and men are impacted differently by power sector reform and improved service delivery. The draft revised National Energy Policy of 2013 pays specific attention to gender-differentiation in energy needs and use, impacts of energy use, resource ownership and participation in the energy sector. A Gender Focal Point has been established in the FMOP, within the Sustainable Development, Climate Change, Gender and Human Rights Unit, which seeks to ensure compliance with the National Gender Policy (2006). The latter focuses on women’s empowerment and a commitment to gender mainstreaming as a development approach. In addition, the FMBNP has partnered with the Rural Women Energy Security initiative, as improved access and energy services have the potential to promote gender equality by creating jobs and business opportunities for women. Chapter eleven of The Revised National Energy Policy of 2013 states the following in relation to gender:

  1. The nation shall encourage and ensure gender mainstreaming in energy issues, infrastructure programs and projects.
  2. The nation shall disaggregate energy use, supply, and impacts by gender in energy project design and implementation.

Objectives

  1. To create awareness on gender issues in the energy sector.
  2. To provide better basis for incorporating gender in energy project design and implementation at the micro- and macro-policy levels.

Short-Term Strategies

  1. Promoting integrated approaches and various solutions that recognize the importance of wood energy and cooking for poor women and its health implications.
  2. Ensuring equal access to electricity for water pumping, agricultural processing, security, work productivity, and health in the framework of sectoral development initiatives.
  3. Providing equal access to credit facilities, extension support services, and training in energy and electricity supplies for women’s domestic tasks as well as their micro-enterprise activities are met.
  4. Developing a reliable gender responsive statistical data.
  5. Incorporating gender concerns into energy and rural development policies and programs.
  6. Monitoring and evaluating the impacts of rural energy projects on poverty alleviation and gender equity
  7. Conducting gender audits of national energy and other related policies.
  8. Establishing gender units in all MDAs in the energy sector.
  9. Ensuring gender sensitive capacity building programs in the energy sector.

 

  1. The Sustainable Development Climate Change, Gender and Human Rights Unit: The sustainable Development/Climate Change, gender and Human Rights Unit (SD/CC Unit) was established on the 6th May 2013 with approval of the Head of Service. Its objectives are to:
  • Improve service delivery throughout the power sector through the integration of social dimensions of power sector reforms with the core technical aspects of generation, distribution and transmission of power as well as the production of energy efficient products and equipment[9].
  • Assess proposals and make recommendations for the training of staff in the areas of sustainable development of power, renewable sources of energy, gender matters, respect for human rights in the power sector and climate change issues;
  • Promote the use of energy efficient gadgets and gender friendly household equipment through public campaigns and advocacy with promoters and developers;
  • Develop strategies to raise awareness of the relationship between clean and green energy policies on the hand and prosperity of the nation on the other hand
  • The unit also works in collaboration with other Departments in the promotion of investment and research by the government, private sector and development partners so as to promote renewable energy as well as the affirmation of women as equal partners in the development of the power sector

 

The Electric Power Sector Reform Act 2005:

  1. The Act has a number of sections that are focused on the protection of consumers and the transparent dissemination of information. The Act mandates the NERC to ensure that electricity Operators recover costs on prudent investment and provide quality service to customers.
  2. To ensure quality service delivery, it is pertinent that electricity customers know their rights. Specific measures to protect consumers are:
  3. Customer Service Standards
  4. Customer Complaints Handling Standards and Procedures
  5. Codes of Practice to assist special needs customers (disabled, elderly or severely ill)
  6. Procedures for assisting customers with difficulty in paying bills
  7. Procedures for applying for electricity service
  8. Procedures for Disconnecting non-paying customers
  9. Information to consumers and the manner of dissemination
  10. Standards for compensation to consumers who do not enjoy regular power supply.
  11. Standards on connection, safety, reliability of supply, technical codes and manuals.

 

Grievance Redress Mechanisms of NERC

  1. The NERC has a number of mechanisms and consumer-oriented goals to institutionalize grievance redress mechanisms, communication and social accountability. They include:
  2. Establishment of functional Customer Complaints Units (CCUs) in all the Business Units as a minimum.
  3. Provision of conducive environment for customers lodging complaints.
  4. Training of front line customer service personnel of CCUs.
  5. Provision of Customer Relationship Management (CRM) systems including customer complaints call centers.
  6. Establishment of functional Customer Complaints Forum offices
  7. Compliance to monthly reporting requirements as stipulated in the Regulation.

 

NERC Customer Complaints Handling: Standards and Procedure 2006:

  1. In line with the power conferred on it by the Electric Power Sector Reform Act 2005, the NERC made the regulation. The regulation is applicable to all distribution licensees in Nigeria. In line with the regulation, complaint means any allegation in writing made by the complainant which may include but not restricted to, the following:
  2. there exists a defect or deficiency in the electricity service provided by the Distribution Licensee;
  3. an unfair trade practice or a restrictive trade practice undertaken by the Distribution Licensee in providing electricity services;
  4. the Distribution Licensee has for the electricity services mentioned in the complaint, charges a price in excess of the price fixed by the Commission, for supply of electricity and allied services;
  5. the electricity service provided by the Distribution Licensee may be unsafe or hazardous;
  6. recovery of expenses incurred in excess of charges approved by the Commission in providing an electric line or electric plant;
  7. any other act that affects the fulfillment of the contractual relation between the customer and the Distribution Licensee; or is in contravention of the provisions of any Order of the Commission or law for the time being in force.

The regulation provides that every Distribution Licensee shall establish a Customer Complaints Unit within its premises. The unit shall have the responsibility of receiving and resolving customer complaints. The Distribution Licensee may also choose to establish more than one to cover the different locations within its operation area.

 

Customer Service Standards of Performance for Distribution Companies Regulation:

  1. In exercise of its powers under the Nigeria Electricity Reform Act 2005, the NERC also issued the Customer Service Standards of Performance for Distribution Companies regulation. The regulation is to ensure that DISCOs maintain quality standard in its operations. It has some provision to ensure that standards are maintained. One of the provision is as follows:
  2. Wherever a DISCO is informed by a Customer during working hours that electricity supply to his premises has gone off, an authorized official from the DISCO shall visit the Customer’s premises within twenty-four hours of being notified by the Customer to determine the cause of the problem, and where the cause of the outage is a problem with the DISCo’s equipment, one of the following standards shall be applied, that is, in the case of failure of the DISCO’s fuse – the fuse shall be rectified and the electricity supply reconnected within twenty-four hours of the original notification of outage. minor fault in the DISCO’s equipment- the fault shall be rectified and the electricity supply reconnected within twenty-four hours of the original notification of the outage; any other fault in the DISCO’s equipment, the fault shall be rectified and the electricity supply reconnected within 48 hours of the original notification of the outage.
  3. A DISCO shall be exempted from the regulation in the following circumstances, that is to say, where:
    1. it is found that the Customer did not inform the DISCO; or
    2. the problem or the fault is found to be from the Customer’s electrical installation; or
    3. due to the nature of the fault, it is impracticable for the DICSO to restore the supply to the Customer’s premises within the period stipulated in this regulation.

 

Electricity Industry (Enforcement) Regulations, 2014:

  1. This regulation covers the process of enforcement of the regulations issues by NERC. Regulations are made by NERC to ensure the attainment of the principal objects of the Commission in section 32 of the Act, and specifically, to enforce, maintain and ensure the adherence by licensees and other participants in the electricity market to the provisions of the Act and other Regulatory instruments, for the purpose of achieving the following objectives
  2. the creation, promotion and preservation of an efficient electricity industry and market and the fostering of a culture of regulatory compliance;
  3. the facilitation of the swift investigation and resolution of incidences of regulatory non-compliance and the fair and transparent determination of rights and obligations;
  4. The maintenance of a predictable, stable and effective system for the assessment of compliance in the Nigerian electricity industry and the proper allocation of responsibility;
  5. The establishment of a system for the deterrence, penalization and application of sanction to acts or omissions which constitute noncompliance with regulatory framework established by the Act and Regulatory instruments made pursuant thereto.

 

  1. In line with the regulation’s enforcement, enforcement process has different stages which include initiation of enforcement process, conduct of investigation, decision and orders of the Commission, enforcement of license conditions, enforcement of market rules etc.

 

Acquisition of Land and Access Rights for Electricity Projects Regulations, 2012:

  1. The regulation was issued by NERC in line with the powers conferred on it by the Electricity Power Reform Act 2005. The objectives of these Regulations are to provide a legal and regulatory framework for the acquisition of land and access rights for electricity projects in Nigeria; making provisions for the payment of compensation and resettlement of persons affected by the acquisition of their land for the establishment of electricity projects; and the monitoring and evaluation of project designs of licensees to ensure compliance with environmental standards. It is indicated that the regulations shall apply to acquisition of land and access rights for electricity projects in Nigeria, including projects related to generation, transmission and distribution of electricity. It provides procedure for voluntary and involuntary acquisition of land. It provides among others that a licensee shall not embark or undertake an electricity project on any land unless he has entered into an agreement in writing with the owner or occupier of the land or has entered into any other agreement as may be prescribed by the Commission from time-to-time. There are also other provisions for the resettlement of PAP including preparation of a Resettlement Action Plan for involuntary acquisition of land. It specifically states that a Licensee shall submit a Resettlement Action Plan (RAP) to the Commission, which shall contain measures to improve the livelihoods and standards of living of the project affected persons or at least restore them to pre-displacement levels.

 

  1. The key agencies/institutions in the power sector and their roles are summarized in the Table 4.2 below.

 

Table 4.2: Power Sector Institutions in Nigeria and their Roles 

S/No

Agency/Institution

Description of Role

1

Nigeria Electricity Regulatory Commission (NERC)

The agency is responsible for the economic regulation of the power sector. Two of their key regulatory functions are as follows:

Licensing: NERC issues license for on and off grid generation of power as well as distribution of electricity to end users. In terms of tariff, NERC manages price regulation. 

2

Federal Ministry of Power

Formulating broad policies for the development of power sector. Also, coordinates activities within the power sector.

3

Transmission Company of Nigeria

An entity, incorporated by government in 2005 and issued license in July 20106, is responsible for the transmission of electricity from power plants to distribution companies, eligible customers and for export. The licensed activities include electricity transmission, system operation and electricity trading. TCN is responsible for evacuating electric power generated by the electricity generating companies (GenCos) and wheeling it to distribution companies (DISCOs). It provides the vital transmission infrastructure between the GenCos and the DISCOs feeder sub-stations.

4

Nigerian Bulk Electricity Trading PLC (NBET)

Government entity responsible for purchasing electricity from generation companies under long term power purchase agreements and selling it to distribution companies.

5

Generating Companies (GenCos)

The GenCos are one part of the three divisions of the Nigeria power sector value chain. They are in charge of the actual generation of electricity in Nigeria. They are tasked with transforming hydro or gas power into electrical power. There are over 20 electricity generating companies in Nigeria today. However, the top six GenCos providing the country with electricity are Egbin Power Limited, Transcorp Power, Shiroro, Kainji/Jebba, Sapele and Geregu.

6

Distribution Companies in Nigeria (DISCOs)

The distribution companies are responsible for power distribution in Nigeria. They provide the connection between customers and the electricity grid. They are responsible for stepping down electricity from the high voltage of 132KV at the transmission level, to the lower voltage levels of 33kV/11Kv and 415KV depending on the category of customer. They are also responsible for marketing and sale of electricity to customers. There are eleven DISCOs in Nigeria each covering a given number of states. 

7

Gas Aggregation Company of Nigeria (GACN)

The GACN is responsible for managing the implementation of the domestic gas supply obligation. It also acts as intermediary between gas suppliers and purchases in the domestic market.

8

Nigerian Gas Company Limited (NGC)

This is one of the subsidiaries of the Nigerian National Petroleum Corporation. It is responsible for the transportation of natural gas through its pipeline network.

9

National Power Training Institute of Nigeria

Provider of training for power sector personnel and coordinating training activities in the sector.

Source: Adapted, with modification, from N. Saifuddin et al. (2016) [10]

 

4.3 Environmental and Social Systems of the DISCOs:

  1. Almost all the DISCOs have some environmental and social systems guiding some aspects of their operations. Few of the DISCOs have fairly robust environmental and social systems that needs some minor updates to fill missing gaps while the majority have weak environmental systems that needs to be updated substantially given the gaps in the current documents and procedures. Some of the DISCOs have two different documents representing environmental and social systems but with some gaps in the two different documents and need to be harmonized and updated. Regarding environmental systems (ES) specifically, many of the DISCOs ES do not provide for environmental assessment or environmental audit and as such have not carried out any environmental assessment or environmental audit for their injection sub-stations and other facilities. Besides, some DISCOs have a HSE manual but the environment aspect is often not adequately accounted for in the HSE manual, while some have policy statements on E&S issues without any details regarding how the policy statements will be operationalized including responsibilities. Also, some of the DISCOs do not have emergency preparedness and response procedures.

 

  1. Regarding social issues, most of the DISCOs do not have procedures for dealing with GBV and SH. In addition, although there are regulations on land acquisition and handling of customer complaints/grievances, most of the DISCOs do not have procedures for land acquisition (although a few, for example JED, indicated that they apply the land acquisition regulation) and some do not have procedures for handling of customer complaints/grievances. Regarding labour management, most of the DISCOs have a robust Human Resource (HR) policy/Conditions of Service Manual. However, some HR policies did not address all the relevant issues, for example trade unions and staff grievances. The details of the environmental and social systems of the DISCOs and the assessment of their strengths and weaknesses and actions required for strengthening and improving the systems are presented in Annex 9.

 

SECTION V: ASSESSMENT OF BORROWER’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS

 

  1. This section describes the E&S management systems in place to manage all identified E&S impacts, especially adverse impacts and risks. It describes the main elements of applicable borrower systems and provides an analysis of the acceptability of these systems, considering the level of risk and the extent to which borrower systems and practices are aligned with Bank core principles. The analysis will show the extent to which the applicable systems of the government of Nigeria and the DISCOs are consistent with the core principles and key planning elements expressed in the PforR Guidance Document. It also provides a review of aspects where gaps exist between the two. The assessment was done using the following criteria:

 

  1. Strengths of the system, or where it functions effectively and efficiently and is consistent with Bank Policy and Directive for Program-for-Results Financing;
  2. Inconsistencies and gaps between the principles espoused in Bank Policy and Directive for Program-for-Results Financing and capacity constraints; and
  • Actions to strengthen the existing system.

 

  1. The summary of the assessments of government and DISCOs systems in line with the core principles is presented in section 5.1. An assessment of the environmental and social systems of the DISCOs, as indicated earlier, was carried out and the summary is also presented in Annex 9.

 

  1. Information from this analysis – and identification of gaps and opportunities/actions – were used to inform the recommendations and Program Action Plan (PAP).

 

 

5.1: Summary of Systems Assessment:

 

Core Principle 1: General Principle of Environmental and Social Management

Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in Program design; (b) avoid, minimize or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects.

Bank Directive for Program-for-Results Financing: Program procedures will:

· Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the program level.

· Incorporate recognized elements of environmental and social assessment good practice, including:

• early screening of potential effects;

• consideration of strategic, technical, and site alternatives (including the “no action” alternative);

• explicit assessment of potential induced, cumulative, and trans-boundary impacts;

• identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized;

• clear articulation of institutional responsibilities and resources to support implementation of plans; and

• Responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures.

Applicability: This is applicable as the PforR program activities will impact on the environment and the impact is deemed to be moderate. The Program has specific activities that will involve rehabilitation and upgrading of existing distribution lines, PT and DT, and increase in new connection which are activities that will impact on the environment. The applicability in terms of specific DLIs is indicated below.

Applicable DLIs

Systems Assessment

Gaps (Federal, State and DISCOs)

Suggestions to Fill Gaps/Proposed Mitigation Measures

1.   Reduction in DISCOs’ metering gap

 

2.   Number of new connections by DISCOs.

 

3.   Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs.

 

4.   Reduction in transformer technical losses in existing distribution networks

1.   Federal EIA regulatory framework aligns well with the Core Principle.

 

Specifically:

2.   National policies, regulation and other legislation for environmental management are well defined. Also, institutional systems identifying environment procedures and legislation to be followed in the country are well defined. States have their own environment department or directorate, who can be contacted for permits or any clarifications if necessary.

3.   The national EIA system (EIA Act No. 86 of 1992) provides a comprehensive legal and regulatory framework for environmental and social impact assessment that is broadly consistent with the Core Principle 1 of the Bank Policy and Directive. The relevant ministries, namely, FME and FMARD are aware of the need to ensure compliance with EIA procedures.

4.   The Power Sector Reform Act 2005 and accompanying regulations, for example, on resolving customer complaints, regulations enforcement, etc., are in place to support and guide the management of E&S issues.

5.   NESREA is also empowered to enforce compliance with environmental laws and regulations.

6.   Most of the States Ministry of Environment have enforcement units and task force.

7.   Most of the DISCOs have HSE guidelines and also appreciates the need for environmental management and compliance.

8.   Some of the DISCOs have a GRM to facilitate the redress of both staff and customer complaints. 

 

1.   Most of the DISCOs have weak environmental management procedures as the HSE manuals have gaps and they are often focused on health and safety.

2.   Some of the DISCOs have weak capacity for environmental management.

3.   Some of the DISCOs have policy statements on environmental management but did not provide action plans and did not assign responsibilities

4.    A few DISCOs have Emergency preparedness and procedures while many have weak plans and procedures for managing emergencies.

5.   At the federal and state level, there is no requirement within EIA processes for consulting with local communities or vulnerable people and there is weak coverage of social issues in the EIA process.

6.   The capacity of the federal ministry of environment to monitor and enforce EIA requirements is weak.

7.   Despite NESREA and efforts of States Ministry of Environment, enforcement is still weak and often targeted at raising funds to the detriment of enhancing a safe environment.

8.   Despite the existing regulation regarding resolving customer complaints, some of the DISCOs have weak GRM for staff and customers.

 

1.   There is a need to strengthen the environmental and social management systems of most of the DISCOs.

2.   The DISCOs should update their HSE procedures to cover relevant aspects of environmental management that are missing in their HSE Manuals.

3.   There is need to strengthen environmental management capacity, in terms of knowledge through training and required personnel, of HSE units of the DISCOs.

4.   The DISCOs should establish a tracking system to monitor environmental and social risks, performance, consultations, etc.

5.   There is a need for DISCOs to create or strengthen emergency preparedness plans and procedures so as to be able to effectively handle emergencies regarding E&S.

6.   A robust public consultation strategy is required to improve citizen engagement in entire EIA process.

7.   The Ministry of Environment at both the federal and state levels should reinforce its mandate of monitoring activities.

Technical staff at the federal and state levels responsible for environmental and social management should monitor and supervise E&S compliance of the DISCOs at least twice a year, environmental and social management audits every two years.

8.   There is a need to strengthen the GRM of some of the DISCOs for both staff and customers.

 

 

Core Principle 2: Natural Habitats and Physical Cultural Resources

Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate adverse effects on natural habitats and physical cultural resources resulting from program. 

Bank Directive for Program-for-Results Financing: As relevant, the program to be supported:

§  Includes appropriate measures for early identification and screening of potentially important biodiversity and cultural resource areas.

§  Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities.

§  Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects

Applicability: applicable

It is expected that the Program will have moderate impact on natural habitats and physical cultural resources since it directly involves upgrading and rehabilitation of distribution lines across urban and peri urban areas and increase in number of connections through grid and off-grid and mini-grid solutions. The applicability in terms of specific DLIs is indicated below.

Applicable DLIs

Systems Assessment

Gaps

Suggestions to Fill Gaps/Proposed Mitigation Measures

2. Number of new connections by DISCOs.

 

3. Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs.

1.   Strength of EIA systems are noted under DLI 1- 4 above.

 

2.   The Government of Nigeria also has introduced a number of forest policies, programmes and instruments (e.g., the National Forest Policy 2006, National Biodiversity Strategy and Action Plan, Nigeria REDD+ project) in an effort to reverse the deforestation trend and facilitate natural resources management and biodiversity conservation.

3.   The country has a National Forest Policy (NFP) aimed at preserving the country ecosystem as well as boost the current effort of addressing various climate change challenges in Nigeria.

4.   Also, most of the State Governments have forest commissions or forest departments in their Ministry of Environment that are responsible for forest management and biodiversity conservation.

5.   The DISCOs will work with the Federal and State forest departments and commissions in vegetation management along electricity lines to ensure proper vegetation management.

6.   Federal government and some states have forest edicts, laws and policies to facilitate forestry and natural resources management.

7.   Some communities also have community forests and sacred groves and these areas are conserved with the help of government and development agencies and are rarely used for projects, for example, off-grid electricity projects.

1.   Gaps with respect to ESIA systems are noted under DLI – 4 above as listed under applicability of core principle 1.

 

2.   Most of the forest laws and edits are old and outdated even dating back to colonial times and needs to be updated.

 

3.   Most of the DISCOs do not have or have weak vegetation management procedures.

 

4.   Most states have not implemented community forestry initiatives thus, most communities rarely conserve their forest resources and some community forests have been donated for development projects.   

 

 

1.   Suggestions with respect to ESIA systems are noted under DLI 1-4 and others listed under applicability of core principle 1.

 

2.   DISCOs should develop or update their procedures for vegetation management to prevent loss of biodiversity through electricity projects.

 

3.   NERC and Ministries of Environment in respective States should ensure that DISCOs do not encroach on natural resources, for example, forests while embarking on new connections through off-grid solutions.

 

 

Core Principle 3: Public and Worker Safety

Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards.

Bank Directive for Program-for-Results Financing:

§  Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed.

§  Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions.

§  Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events.

Applicability: This is applicable. The program will involve rehabilitation and upgrading of electricity distribution infrastructure including distribution lines, distribution grid transformers (PT and DT), installation of meters, expansion to set-up new connections, and enhanced collection of revenue. The applicability in terms of specific DLIs is indicated below.

Applicable DLIs

Systems Assessment

Gaps

Suggestions to Fill Gaps//Proposed Mitigation Measures

1. Reduction in DISCOs’ metering gap.

2. Number of new connections by DISCOs.

3. Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs.

4. Increased collection efficiency by DISCOs

 

5. Reduction in transformer technical losses in existing distribution networks.

 

7. Implementation of Management Information Systems (MIS) by DISCOs.

1.   The legal/regulatory system of the country includes provisions for protecting worker, community and public safety.

2.   The DISCOs have HR policies that guide recruitment, staff promotion, compensation, staff grievance redress mechanism, discipline etc.

3.   NESREA has regulations to protect the public from hazardous chemicals, pesticides, and agrochemicals (National Environmental (Hazardous Chemicals and Pesticides) Regulations, S.I. No 65, 2014).

4.   Some of the DISCOs have guidelines for handling of hazardous chemicals especially PCB contaminated oil.

5.   The country also has some legal statutes and provisions to protect workers. Some of these include, Labour Act of 2004, the Trade Union Amended Act of 2005, and the Employees Compensation Act of 2010.

6.   The electricity workers in Nigeria have two unions (National Union of Electricity Employees (NUEE) and Senior Staff Association of Electricity and Allied Companies, that fight to protect the rights of workers.

7.   The federal government has the Ministry of Labour while most state governments also have Ministries of Labor, and these ministries also work to protect the rights of workers.

8.   The Federal Child’s Right Act (CRA) (2003) codifies the rights of children in Nigeria. It has penalties on the use of child labour.

 

1.   The national EIA system does not comprehensively encompass aspects of public and worker safety.

2.   Although most of the DISCOs have OHS procedures, many are weak and need to be strengthened.

3.   Although some DISCOs have guidelines and procedure for handling of hazardous chemicals, some do not have clear procedures for handling PCBs and other hazardous chemicals.

4.   Although the DISCOs have HR policies, some policies lack procedures in specific areas to facilitate worker security and performance, for example, in areas of GRM, welfare in terms of participation in trade union activities.

5.   There is limited awareness and lack of interest by the general public, on public health and safety issues, particularly in relation to exposure to hazardous materials, use of PPE and other safety precautions.

6.   Lack of awareness of relevant authorities’ staff to appreciate the need to ensure occupational health and safety.

7.   Emergency preparedness and procedures are non-existing in few DISCOs why many have weak plans and procedure for managing emergency.

1.   The Federal Ministry of Environment should work towards improving the EIA system to incorporate issues relating to public and workers’ safety and broader ESHS. Meanwhile, they should ensure that EIA reports submitted for review cover social issues especially relating to public and worker safety.

 

2.   DISCOs should update their OHS procedures and manuals to cover all the issues to facilitate safety of workers and the general public especially regarding handling and disposal of hazardous chemicals, especially PCBs.

 

3.   Provide on-site training to electricity workers, contractors and labourers that will be involved in rehabilitation and upgrading of distribution lines and grid transformers and those that will be involved in expanding and setting up new connections so that they will be familiar with OHS issues at their workplace.

 

4.   There is a need for DISCOs to create or strengthen emergency procedures and plans and so as to be able to effectively handle emergencies in order to protect workers involved in the rehabilitation works.

 

5.   There is need for the DISCOs to strengthen citizen engagement through different channels so as to create awareness regarding the entire program activities especially rehabilitation of distribution lines and addition of new connections including health and safety measures during rehabilitation of distribution lines.   

 

 

Core Principle 4: Land Acquisition

Bank Policy for Program-for-Results Financing: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards.

Bank Directive for Program-for-Results Financing: As relevant, the program to be supported:

§  Avoids or minimizes land acquisition and related adverse impacts;

§  Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy;

§  Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access;

§  Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and

§  Restores or replaces public infrastructure and community services that may be adversely affected.

Applicability: This is applicable. The Program will involve the rehabilitation of electricity distribution lines and the addition of new connections which could lead to minor land acquisition for working space without physical displacement. This may also occur during the installation of new feeders, low and medium voltage lines and off-grid connections in order to add new connections to the distribution. The applicability in terms of specific DLIs is indicated below.

Applicable DLIs

Systems Assessment

Gaps

Suggestions to Fill Gaps/Proposed Mitigation Measures

2. Number of new connections by DISCOs.

 

3. Kilometers of medium voltage (MV) distribution lines rehabilitated by DISCOs.

 

1.   Nigeria has the Land Use Act of 1978 which was modified in 1990 is the legal basis of land acquisition and administration but doesn’t include anything with regards land donation, consultation prior to land acquisition, makes no provision for livelihood restoration, silent on timing of compensation payment, makes no provision for compensation for undeveloped land, compensation include depreciation etc

 

2.   Given the numerous gaps in the Act, a Presidential Technical Committee on Land Reform (PTCLR) is working on issues regarding land reform in Nigeria.

3.   Acquisition of Land and Access Rights for Electricity Projects Regulations, 2012 provide a legal and regulatory framework for the acquisition of land and access rights for electricity projects in Nigeria

1.   The Land Use Act has a lot of limitations regarding land acquisition. Some of these include the provision in the Act that the Governor of a State controls all land in the State, the issues of resettlement of project affected persons, poor grievance redress mechanism, poor land rights, among others.

2.   Also, most of the DISCOs do not have guidelines for land acquisition even when there exists a regulation guiding acquisition of land for electricity projects in Nigeria.

 

1.   The DISCOs would need to strengthen or modify their guidelines for land acquisition to ensure that land acquisition/ resettlement is carried out in line with the NERC Acquisition of Land and Access Rights for Electricity Projects Regulations and the World Bank guidelines.

2.   The DISCOs will prepare and implement a project specific resettlement action plan, in line with NERC regulation and World Bank guidelines, to deal with the compensation of people that may be temporary displaced during the rehabilitation works. 

 

 

 

Core Principle 5: Social Considerations – Indigenous Peoples and Vulnerable Groups

Bank Policy for Program-for-Results Financing: Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups.

Bank Directive for Program-for-Results Financing:

· Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program.

· Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples.

· Gives attention to groups vulnerable to hardship or disadvantage, including, as relevant, the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits.

Applicability: This is applicable. Note that there are no groups in Nigeria that meet the World Bank’s criteria for Indigenous Peoples. However, the assessment examines the systems that address the needs of groups vulnerable to hardships, including women, youths and people with disabilities. It is expected that vulnerable people will be impacted given that the Program involves a utility, electricity, that everyone uses or needs and for the fact it will involve rehabilitation of distribution infrastructure, establishment of new connections, installation of meters, among others, that will involve people of different categories. The applicability in terms of specific DLIs is indicated below.

Applicable DLIs

Systems Assessment

Gaps

Suggestions to Fill Gaps/Proposed Mitigation Measures

1. Reduction in DISCOs’ metering gap.

2. Number of new connections by DISCOs.

3. Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs.

4. Increased collection efficiency by DISCOs

 

5. Reduction in transformer technical losses in existing distribution networks.

.

 

6. Compliance with NERC Corporate Code of Governance by DISCOs.

 

1. Chapter IV of the Nigerian Constitution contains a variety of fundamental rights set out in Sections 33 – 44. Of particular relevance is Section 42, which prohibits discrimination on the grounds of ethnic origin, sex (gender), religion, or linguistic affiliation.

2. Most of the DISCOs have a procedure for consultation with their customers and the general public on electricity matters.

3. Most of the DISCOs indicated in their HR procedures that they are equal opportunity employer and they do not discriminate in against any person as a result of ethnic, creed or religious beliefs, sex, or any other considerations.

 

4. There is a Federal Ministry of Women Affairs and Social Development that deals with all gender related issues especially as it concerns the vulnerable especially women youths and People living with Disabilities (PWDs). They have a unit that deals with GBV and discrimination. Also, most state governments have Ministry of Women Affairs/Gender Affairs and Social Development. These ministries help to handle the issues of GBV and discriminations of vulnerable people.

 

5. Also, the federal government of Nigeria has signed many treaties on women issues including the CEDAW in 1999 and has a gender policy. There is also the Violence Against Persons (Prohibition)Act 2015.

 

6. Several policy statements and programmes at the state and federal levels clearly indicate the nation’s commitments to achieving the Sustainable Development Goal (SDG) 5 on gender equality. 

 

7. Many states have laws and frameworks in dealing with violence and discrimination, for example Edo, where Benin DisCo (BEDC) is located, has Violence Against Persons (Prohibition) Law of Edo State 2019, while some states, in addition, have also response teams to deal with GBV for example Lagos State has a Domestic and Sexual Violence Response Team (DSVRT). 

1. Also, many of the DISCOs do not have procedures for dealing with vulnerable people and PWDs regarding electricity issues to ensure that they are not treated with contempt and partiality.

 

2. Most of the DISCOs do not have adequate provisions and procedures for dealing with issues that can limit women and youths access to the program, for example, SEA and SH.

 

3. There is lack of capacity in Ministries of Women Affairs and Social Development to tackle the issues of SEA/SH and other issues relating to gender and youths which can limit their access to the program.

 

4. There is weak knowledge of the public especially vulnerable groups regarding government actions and programs on electricity reform in Nigeria. 

 

1.   DISCOs should institute procedures for handling issues related to gender and vulnerable people.

2.   DISCOs as part of their procedure should have a gender-based violence response Committee in collaboration with the respective state institution / other relevant SEA/SH actor that survivals can easily and freely report to immediately they experience any assault.

3.   States should carry out regular enlightenment programmes for the public and capacity building programs for staff of gender/women ministries.

4.   DISCOs should embark of extensive community-based enlightenment regarding the program and their activities to drive inclusive participation of vulnerable groups in the program and in the selection areas for extension of new connections so as to avoid bias including ethnic, or religious bias.

 

 

 

Core Principle 6: Social Conflict

Bank Policy for Program-for-Results Financing: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes.

Bank Directive for Program-for-Results Financing: Considers conflict risks, including distributional equity and cultural sensitivities.

e.    Applicability: This is applicable. Conflicts may arise between DISCO staff and electricity customers   during the rehabilitation of the distribution line, installation of meters, and connection of new customers. 

 

Applicable DLIs

Systems Assessment

Gaps

Suggest

 

ions to Fill Gaps/Proposed Mitigation Measures

1. Reduction in DISCOs’ metering gap

 

2. Number of new connections by DISCOs.

4. Increased collection efficiency by DISCOs

5. Reduction in transformer technical losses in existing distribution networks.

.

 

 

 

 

1. The constitution of the Federal Republic of Nigeria 1999 (as amended) provides in Section 17 (3) (g) that “the State shall direct its policy towards ensuring that provision is made for public assistance in deserving cases, or other conditions of need.

 

2. Nigeria Federal and State presence is strong throughout the country with well-trained police and security forces who maintain the rule of law and also provides security against bandits and during clashes between farmers and herders. Nigeria security forces are also fighting armed insurgency and has almost degraded the groups. There is also a justice system with courts where people can seek redress.

3. The federal government also has the public complaints commission where people can make complaints regarding administrative injustices.

4. The NERC has a regulation, Customer Complaints Handling: Standards and Procedure 2006, which guides all distribution Licensees in Nigeria in terms of resolving customer complaints

5. The NERC also has the Customer Service Standards of Performance for Distribution Companies Regulation which guides all the Licensees in Nigeria to ensure quality standards.  

6. Some of the DISCOs have GRM mechanisms for both staff and customers.

1.   Some states and zones in Nigeria can be considered a failed state because of armed insurgency and banditry which has left a lot of people homeless while many are in internally displaced persons   camps.

 

 

2.    Although most of the DISCOs have some grievance redress mechanism and complaints procedure, some of the procedures are weak. Even a DISCO recommended only informal approach.

 

3.   There is disdain for DISCO officials by the customers and the general public probably because of the epileptic power supply and alleged billing of customers when they did not receive electricity. Thus, efforts by DISCOs to disconnect defaulting customers have led to serious quarrels and conflicts.

 

 

1.   Strengthened stakeholder engagement and grievance redress mechanisms and increased transparency and provide information and communication avenues for complaints and their resolutions and also to correct the negative impression about the DISCOs.

 

2.    DISCOs should work with the local authority in their sub-units to set up local level (through relevant traditional rulers/ institution, State Ministries of Chieftaincy Affairs and LGA Chairmen) conflict resolution committee to address conflict related to the program.

 

3.   DISCOs should strengthen their GRM to facilitate resolution of conflicts.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION VI: RECOMMENDATIONS AND ACTIONS

 

  1. This section recommends measures that will be taken to strengthen system performance in line with the gaps and risks identified in the system assessment section to ensure that the Program interventions are aligned with the Core Principles of Bank Policy for Program-for-Results financing. The identified key areas are elucidated below. These actions may be further refined and adjusted during the consultation process appraisal and at the midline review during implementation of the Program.

 

  • Environmental and Social Summary and Recommendations:
  1. Although Nigeria has a well-defined environmental and social management system that aligns with the core principle on environmental assessment, significant gaps still remain while the guidelines and policies are rarely enforced. For example, the EIA process in Nigeria does not cover the social aspects as it should. Often impacted communities and vulnerable groups are not consulted during the EIA process and even when they are consulted at the beginning, they are not carried along during the review and approval process thus, their concerns may not be reflected in EIA document. Besides, the monitoring of EIA implementation is weak as there is no tracking system to monitor environmental and social risks, performance.

 

  1. At the level of the DISCOs, although some have procedures and manuals for environmental management in the form of HSE procedures, many have a lot of gaps and did not cover issues that are critical for management of social risks. While some have good coverage of health and safety issues, that of environment is weak. For example, issues relating to environmental assessments, waste management, vegetation management, and handling storage and management of hazardous chemicals, for example, PCBs, among others are not covered. Some have duplicates of environmental procedures which did not cover the issues while some have one-page policy statements which did not provide the detail of application and responsible officers. Although electricity is often associated with emergency situations, some of the DISCOs do not have robust strategies and procedures for handling emergencies. Also, there is weak environmental management capacity, in terms of knowledge and required personnel, of HSE units of the DISCOs.

 

  1. Concerning appropriate procedures and policies for the management of social risks, it is important to note that some of the DISCOs have some well documented procedures, for example, Human Resources Policy (HRP) and Stakeholder Engagement Framework (SEF) for the management of social risks. Although most of the DISCOs have different procedures and manual for management of social issues and risks with different names, for example, Occupational Health and Policy (OHS); Land Acquisition and Resettlement Framework (LARF); Sexual Harassment and Inappropriate Relationship Policy, Security Policy Manual, among others, some of these polices still have some gaps, some are duplicated and thus need to be harmonized, updated and strengthened while some do not exist in some DISCOs.

 

  1. For example, a DISCO has a policy and procedure to deal with issues of sexual harassment, the penalties are not clearly stated for specific offenses; besides the sexual harassment policy does not cover issues of GBV. Also, a DISCO has a HR policy but it does not contain recruitment procedures and has a different document on recruitment. Another DISCO has HR policy and procedure and a policy and procedure for handling customer complaints, it does not have a policy for dealing with GBV and SH. In addition, another DISCO, while it has a brief section on GRM for staff, it did not provide any guideline but indicated that it was in the interest of the company and employees to resolve issues relating to them in a mutually acceptable manner. The DISCO also indicated in another document (tagged processes and procedures) that it encourages employees to resolve grievances informally with their line Managers and or Heads of Department. Also, a DISCO has no provision for pension scheme as stipulated in the Pension Reform Act. They only indicated that retiring employee will be paid basic salary 3 months in lieu. The company also does not have a detailed procedure for handling GBV and SH. Furthermore, in terms of welfare of workers, another DISCO provided detailed action that should be followed in case of crisis and picketing by Union Groups around the business premises; however, the same DISCO did not provide for Trade Union activities in its peoples Handbook. However, there are DISCOs that stand out as having a relatively robust social system, namely IE, AEDC, and BEDC

 

  1. Based on the environmental and social assessments, some recommendations were made as follows:

 

  1. BPE, NERC in collaboration with the Federal Ministry of Environment should develop a protocol/standard in line with WB and Nigeria requirements that will serve as E&S benchmark to guide DISCOs in updating their E&S instruments and systems. Each DISCO will take into consideration annex 9 and the identified gaps / gap filling actions in updating their system in line with the protocol/standard that will be developed.

 

  1. DISCOs should develop, update, harmonize and strengthen their E&S instruments and systems in line with the benchmark of E&S for DISCOs.

 

  1. Conduct annual monitoring of progress and performance on environmental and social issues, especially regarding the compliance of the Program activities with the environmental and social standards and procedures.

 

  1. DISCOs in collaboration with BPE should provide on-site training/capacity building to electricity workers, contractors and labourers that will be involved in rehabilitation and upgrading of distribution lines and grid transformers and those that will be involved in expanding and setting up new connections so that they will be familiar with OHS issues at their workplace/site.

 

  1. DISCOs in collaboration with BPE should work with the local authority in their sub-units to set up local level (through relevant traditional rulers/ institution and LGA Chairmen) conflict resolution committee to address conflict related to the program.

 

  1. DISCOs in collaboration with BPE should embark on community-based enlightenment campaign to strengthen citizen engagement through different channels, produce and distribute leaflets and brochures to create awareness and familiarize the citizens of the Program.

 

  1. BPE and DISCOs should engage suitable Environmental and Social Risk Management Specialists (could be a consultant) as part of the Program Implementation Team in a manner that will be satisfactory to the Bank.

 

  1. The DISCOs in collaboration with BPE should institute a gender-based violence response committee to ensure that that survivors can easily and freely report to immediately they experience any assault

 

  1. Following the recommendations, the breakdown of actions to be included in the Program Action Plan (PAP) with indicative timeline, responsibility for implementation and indicators for measuring the completion of such actions are detailed in the Table 6.1 below. The PAP will be part of the verification protocol by BPE and IVA.

 

Table 6.1: Program Action Plan (PAP) for Environmental and Social Management:

 

Action Description

Due Date

Responsible Party

Completion Measurement

Actions to be include

in PAD PAP / DISCOs IPAP

Develop a protocol/standard that will serve for benchmarking E&S system, performance and M&E of DISCOs (including but not limited to OHS, community health and safety, e-waste and hazardous waste management and disposal, SEA/SH, resettlement.

Prior to signing on lending agreement / shareholders loan agreement with each DISCO.

BPE

Document acceptable to the Bank containing E&S benchmarks for DISCOs

To be included in PAD PAP

Build the capacities of the DISCOs in terms of environmental and social safeguards of WB and Nigeria.

During Project Implementation

BPE

Records of trainings

To be included as part of action 5 of the PAD PAP and DISCOs IPAPA

Develop, update, harmonize and strengthen E&S instruments and systems in line with the benchmark of E&S for DISCOs taking into consideration annex 9.

During Program Implementation

All DISCOs

Copies of reviewed documents, documented process of review (review committee list, minutes of meeting, or letters of appointment of Consultants, TOR used in engaging the consultant or review committee).

To be included as part of Action 5 of the PAD PAP and DISCOs IPAP.

Conduct annual monitoring of progress and performance on environmental and social issues, especially regarding the compliance of the Program activities with the environmental and social standards and procedures

At the end of every year

BPE / IVA

Monitoring report, Minutes of meeting during monitoring exercise, pictures taken during monitoring.

To be included in the verification protocol and DISCO’s IPAPs.

Provide on-site training/capacity building to electricity workers, contractors and labourers so they can be familiar with OHS issues at their workplace/site.[11]

During Project Implementation

All DISCOs

Submit Capacity /Training plans /Modules, Lists of participants, pictures during training program.

To be included as part of item 5 of PAD PAP and DISCOs IPAP

Set up local level (through relevant traditional rulers/ institution and LGA Chairmen) conflict resolution committee to address conflict related to the program.

 Prior to rehabilitation of distribution lines / installation of meters.

All DISCOs, LGA Chairmen, Ministry of Local Government and Chieftaincy Affairs.

List of committee members, minutes of committee meetings, photos of inauguration of committee members, attendance list at committee meetings.

To be included as part of item 5 of PAD and DISCOs IPAP

Embark on community-based awareness-raising campaign and citizen engagement through different channels, produce and distribute leaflets and brochures so as to create awareness and familiarize the citizens of the Program.

 Prior to commencement of the rehabilitation works of the lines

All DISCOs, BPE

Copies of radio and television jingles, copies of leaflets and brochures, photos of town hall meetings

To be included as part of item 5 of PAD PAP and DISCOs IPAP

Engage suitable Environmental and Social Risk Management Specialists – one E&S per each DISCO (Consultants) as part of the Program Implementation Team in a manner that will be satisfactory to the Bank.

Prior to program implementation / prior on lending to specific DISCOs

BPE, All DISCOs

Letters of appointment of Consultants/Specialists, TOR for engagement of consultant, CV of consultant, Annual reports of activities, and maintained throughout the life of the program

To be included as a standalone action in the PAD PAP and at DISCOs IPAP (as condition for signing shareholders loan agreement.

Institute a gender-based violence response Committee

During program implementation s

BPE, All DISCOs

 List of Committee Members, document detailing the operations of the committee approved by top management.

To be included as part of item 5 of PAD PAP and as part of  DISCOs IPAP and at BPE level

Prepare site specific E&S safeguards instruments relevant to rehabilitation of meters, transformers, rehabilitation of lines etc.

Prior to commencement of civil works/ rehabilitation

BPE, All DISCOs

Relevant safeguards instruments.

To be included in the PAD PAP and as DISCOs IPAP

 

 


SECTION VII. SUPPORTING ANNEXES AND REFERENCE DOCUMENTS

 

Annex 1:  Applicability of Core Environmental and Social Principles (CP) to Nigeria Distribution Sector Recovery Program (DISREP) Disbursement Linked Indicators (DLIs)

Result Area

DLI

CP1

Environment

CP2

Natural Habitats

CP3

Public & Worker Safety

CP4

Land Acquisition

CP5 Vulnerable groups

CP6

Social Conflict

1. Improved DISCO operational performance

 

1. Reduction in DISCOs’ metering gap

 

This is applicable as installation of new meters can pose environmental risk due to possible sparks and fire accidents.

 

Indirectly, it is also applicable. Smart meters, if installed, can significantly benefit the environment as it would lead to reduced electricity consumption which will in-turn lead to reduced use of fossil fuels and reduced emission of greenhouse gasses and other pollutants. In addition, there could also be additional climate co-benefits with increased distribution efficiency especially due to reduction in technical losses and rational use of energy associated with effective metering. Thus, the DLI aligns with the Multilateral Development Banks’(MDB) list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability; as well as Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings.

Not Applicable as vegetation and natural habitats will not be disturbed during the installation of meters in households and distribution transformer level.   

This is applicable as public and worker safety may be affected during the installation of meters especially giving the danger associated with electricity.

This is not applicable as constructions that will lead to land acquisition will not be carried out under this DLI.

Applicable. There is a possibility of exclusion of vulnerable groups, ethnic bias and elite capture during the installation of meters especially if limited number of meters are available. There is also possibility of gender-based violence (GBV) and sexual harassment (SH) during installation of meters in homes of customers or in private offices.   

This is indirectly applicable as citizens may tamper with installed meters to evade charges and thus result in conflicts with DISCOs, arrests of electricity thieves by law enforcement agencies and prosecution of offenders.  

 

 

 

 

 

 

 

 

 

2. Number of new connections by DISCOs

This is applicable as the installation of new feeders into underserved areas near the existing distribution infrastructure under this DLI will result in increased noise level and air pollution from heavy duty vehicles that will be used in the operation.  On the other hand, there could also be climate co-benefits with increased distribution efficiency, reduced use of fossil fuel powered electricity generators by households and businesses, possible use of renewable energy as the new connections could be through the distribution network or through mini-grid or stand-alone systems, including renewable energy-based systems. This DLI aligns with MDB list of eligible mitigation activities under Category 1.1: Wind power and Solar power, Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings.  

This is applicable as the installation of new feeders into underserved areas near the existing distribution infrastructure may lead to cutting down of vegetation and impact on fauna species thus affecting biodiversity.

This is applicable as public and worker safety may be affected during the installation of new feeders, medium and low voltage lines and connection of new customers especially given the danger associated with electricity.

Land acquisition is envisaged under this DLI. There could be temporary displacement of people during the installation of new feeders, low and medium voltage lines and off-grid connections (especially off-grid solar systems) that may be part of the package.

Applicable. There is a possibility of exclusion of vulnerable groups ethnic bias and elite capture while increasing connections and identification of underserved areas to be installed with new feeders and transformers. There is also possibility of GBV and SH during extension of power to underserved areas and localities.  

This is indirectly applicable as citizens may tamper with new connections especially as they may want to tap electricity illegally. This may result in conflicts with DISCOS, arrests of those involved in electricity theft by law enforcement agencies and prosecution of offenders.

3. Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs

This is applicable as there could be noise and air pollution, soil and groundwater pollution and waste problem due to rehabilitation works and possibly from debris for examples old wires, fittings could be a source of waste. On the other hand, there could be environmental co-benefits due to increased distribution efficiency and reduced use of fossil fuel powered electricity generators by households and businesses. This is considered part of the Multilateral Development Banks’ (MDB) list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability; Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings as well as Category 3.3: Improvement in utility-scale energy efficiency through efficient energy use and loss reduction, or resource efficiency improvements.

 

This is applicable as the rehabilitation of distribution lines could lead to cutting of vegetation and loss of flora and fauna and hence loss of biodiversity. 

This is applicable as the rehabilitation of distribution lines will pose danger to the public and workers that will be involved in the rehabilitation work.  

Land acquisition is envisaged under this DLI. Some people near the distribution lines may be displaced temporarily during the rehabilitation work.

Applicable. There could be bias in choosing locations where distribution networks will be rehabilitated. The DISCOS may choose locations where customers use more electricity and pay more money and neglect areas where poor and vulnerable people reside as the returns from the areas will be less. Indirectly, improved electricity supply will enhance income, and reduce poverty and the vulnerability of households to shocks. There is also possibility of GBV and SH during rehabilitation of distribution lines given the influx of workers to the localities where rehabilitation will be carried out.

This is not applicable.

 

4. Increased collection efficiency by DISCOs

This is directly not applicable as there are no physical works supported by the DLI. However, this is applicable indirectly as increased and effective collection of electricity charges from customers will Discouraged excessive use of electricity which in turn  lead to the increase use of fossil fuel that will increase  carbon emissions.  

 

 

Not Applicable as there are no physical works supported by the DLI. 

 

 

This is applicable as safety of workers may be threatened when Disconnecting customers that have not paid or those that tampered with meters/involved in electricity theft especially if smart meters are not used.

 

This is not applicable as constructions that will lead to land acquisition will not be carried out under this DLI.

This is applicable indirectly as vulnerable groups may have increased access to electricity with its associated benefits since wastage of electricity will be reduced due to increased collection efficiency by DOSCOS. Also, vulnerable people may not have the money to pay and such may not have access to electricity.   

There could be conflicts due to Disconnection of customers that owing or those that tampered with meters.

Enabling diversification of commercial options for DISCOs to supply their demands

5. Reduction in transformer technical losses in existing distribution networks.

There could be air and ground water pollution due to possible leakage of PCB contaminated transformer oil. The rehabilitation of Power Transformers (PT) and Distribution Transformers (DT) will facilitate loss reduction and distribution efficiency with some climate co-benefits. The DLI aligns with the MDB list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability, as well as Category 3.3: Improvement in utility-scale energy efficiency through efficient energy use and loss reduction, or resource efficiency improvements.

This is not applicable as natural habitat will not be affected.

This is applicable as the rehabilitation of the PT and DT will pose danger to the public and could impact on worker safety given the nature of electricity. Secondly, workers may be exposed to the danger of PCB oils in old PT and DT.

This is not applicable as constructions that will lead to land acquisition will not be carried out under this DLI.

This is not applicable.

Indirectly there could be conflict between contractors responsible for DT and PT repairs/rehabilitation and the DISCOs if the contractors are incompetent and unable to repair the equipment.

3. Strengthened governance and transparency

6. Compliance with NERC Corporate Code of Governance by DISCOs.

This is directly not applicable as there are no physical works supported by the DLI. However, this is indirectly applicable. A strong governance will boost the confidence of investors in the DISCOS and will also facilitate distribution efficiency.  This will in turn result in reduced carbon emission and climate co-benefits.   

Not applicable as activities for the achievement of this DLI will not impact on natural habitats.

This is not applicable as public and workers’ safety will not be impacted. However, indirectly, an efficient governance system will ensure that workers safety is guaranteed in ensuring distribution efficiency.

This is not applicable as constructions that will lead to land acquisition will not be carried out under this DLI.

This may be applicable as women may be marginalized in appointment of top management in the DISCOS. There is also possibility of GBV and SH in appointment of persons into managerial positions.

 

 

7. Implementation of Management Information Systems (MIS) by DISCOs

This is indirectly applicable as the implementation of management information systems by DISCOS will enable DISCO management to operate on the basis of evidence-based, informed decision making. This will enhance the efficiency of the DISCOS and thus efficiency in power distribution. This DLI aligns with MDB list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings.

Not applicable as activities for the achievement of this DLI will not impact on natural habitats.

This is applicable as the MIS system will facilitate incident recording and management which will help protect the worker and the public from dangers associated with electricity; supervisory control and data acquisition system, and works management system which will also facilitate proper management and worker protection.

This is not applicable as constructions that will lead to land acquisition will not be carried out under this DLI

This is not applicable.

This is not applicable.

 

 

 

 

Annex 2: Preliminary  Benefits and Risk Matrix

PDO

Result Area

DLIs

Environmental and Social Benefits

Environmental and Social Risks/Risk Rating

To improve financial and technical performance of the electricity distribution companies.

1. Improved DISCO operational performance

 

1. Reduction in DISCOs’ metering gap

The overall environmental and social benefits are expected to be significant. The PforR will facilitate increased distribution efficiency especially due to reduction in technical losses; reduced consumption of power by citizens leading to reduced use of fossil fuels in power generation and reduced greenhouse gas emission; improved distribution efficiency will also result in reduced use of petrol and diesel generators by citizens there by reducing the consumption of fossil fuels and thus reduced emission.  Improved efficiency and reliability of power will result to increase in the number of hours in which power is available for consumers. This will lead to increased income and poverty reduction as more hours are available for work for individuals and small businesses which originally could not afford petrol- and diesel-powered generators. Also, it will increase opportunities for children to study with better outcomes in education and also improve development outcome for women and girls. Increase in new connects especially through off-grid solar power has a lot of climate co-benefits as it will help in climate change mitigation.

 

Increased collection efficiency will lead to reduced consumption of electricity as consumers would be more careful to avoid wastage. This will in turn lead to reduction in the use of fossil fuels and thus reduce carbon emissions.

The environmental and social risks is deemed to be moderate. Environmental risks will be associated with rehabilitation of power distribution infrastructure. The potential environmental risks include noise, air and ground water pollution as a result of use of heavy machines and lubricants during the rehabilitation work. The rehabilitation of distribution infrastructure and increase in new connections through grid or off-grid systems will impact on flora and fauna and thus result in loss of biodiversity especially where there is improper vegetation management along distribution lines.  The rehabilitation work could pose a danger to public and workers safety given the nature of electricity (could result in shocks, electrocution or fires) especially if poorly handled. Rehabilitation of the distribution lines may also result in some minor land acquisition and temporary displacement of people around the distribution lines. There is also the possibility of GBV, SEA and SH during rehabilitation, installation of meters and recruitment of new connections by DISCOS. Also, increasing the number of connection, especially through off-grid connections may also lead to the destruction of flora and fauna and displacement of people.

 

There is also a possibility that the DISCOs do not have the capacity to manage environmental and social risks. This situation may pose a danger to the safety of workers, the public and environment.

 

The achievement of this DLI may cause conflict between DISCO customers and workers as customers may prevent electricity workers from disconnecting their lines when in debt or when they indulge in electricity theft or tampering with meters. There is also a possibility of SH as electricity workers may have the opportunity to enter homes of customers.

 

Other risks associated with the program is security risk, especially in the States in the North East and North West Nigeria where there is armed insurgency and banditry, and in States where there have been incessant clashes between famers and herders. These conflicts have affected the entire social fabric across the country and could prevent the execution of the PforR program. 

2. Number of new connections by DISCOs

3. Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs

 

4. Increased collection efficiency by DISCOs

2. Enabling diversification of commercial options for DISCOs to supply their demands

 5. Reduction in transformer technical losses in existing distribution networks

 

.

Rehabilitation of PT and DT will lead to the reduction of ATC&C losses, improved efficiency and reliability of power. This will result to increase in the number of hours in which power is available for consumers and thus increased income and poverty reduction as more hours are available for work for individuals and small businesses which originally could not afford petrol- and diesel-powered generators.

There is also danger associated with rehabilitation of power transformers and distribution transformers especially as transformer oils contaminated with Polychlorinated Biphenyls (PCB) could leak into the environment or become threats to the safety of workers.

3. Strengthened governance and transparency

6. Compliance with NERC Code of Corporate Governance by DISCOs.

 

Effective governance and the implementation of MIS will facilitate enhanced performance of the DISCOs and thus distribution efficiency with all its associated benefits. In addition, implementation of MIS will enhance incidence recording and data capturing which will provide information needed to avoid accidents and ensure worker and public safety.

There could be GBV, SEA and SH in appointment into managerial position and this may affect the performance of the DISCOs.  

7. Implementation of Management Information Systems (MIS) by DISCOs.

 

 


Annex 3: Information and Documents expected from DISCOs to inform the preparation of ESSA

  1. The feasibility report submitted to BPE and NERC during the bidding and setting up of the DISCO (In the feasibility report, DISCOs indicated how they will manage electricity distribution, the type of technology and practices they will deploy in order to reduce losses in distribution and enhance collection of electricity bills).
  2. The DISCO’s Strategic Plan (if any) and network details (capacity in terms of installations, network capacity, coverage, etc.)
  3. DISCO’s operations manual detailing the staffing including qualifications of key staff, functions & responsibilities or duties, mandate of the different units and management officers in the DISCO and capacity to deal with environmental and social issues including assessments, etc.
  4. Document on staff and workers code of conduct
  5. Document depicting DISCO’s health, safety policy
  6. Document detailing DISCO’s health, safety and environment guidelines.
  7. Document detailing DISCO’s incident, accident and log book for accidents and near misses.
  8. DISCOs annual reports for the past five years.
  9. Document on laws, regulations and policies guiding the DISCOs operations.
  10. Customer relations manual/document if any.
  11. DISCO’s personnel policy and guidelines – this is expected to contain recruitment policies, personnel management guidelines etc.
  12. ESIA document prior to commencement of operations, Environment Audit reports, and other environment documents submitted to state and federal ministry of environment and to NESREA.
  13. Policy and procedure on or guiding land acquisition and acquisition of right of way
  14. Occupational health and safety policy and procedure
  15. Policy and procedure on gender and gender-based violence if any
  16. Document on grievance redress mechanism (GRM) applied by the DISCOs if any.
  17. Relevant legal framework;
  18. EIA Certificate
  19. Organogram depicting members of Management Team of DISCOs
  20. Security Policy / documents
  21. Documents / policy for Social Management plan/ procedure / Land acquisition and resettlement process
  22. Documents on stakeholder’s identification and engagement
  23. Waste management procedures
  24. Broad Environmental and Social Policy operation
  25. Performance Improvement Plan (PIP)

 

 

 

 

 

 

 

Annex 4: Preliminary Brief and Questions for consultation with 11 DISCOS

The DISCOS systems will be examined in line with the six core principles of PforR bearing in mind the three Result Areas and seven DLIs. The Program (DISREP) will involve rehabilitation of distribution lines, which may lead to displacement of people already using the right of way, may be illegally. This may lead to resettlement of the individuals or micro businesses. It will also result to some environmental and social risks. Increasing collection of bills may result to conflicts etc. Rehabilitation of distribution lines may result in destroying flora and fauna (natural habitats). DISCOs must have plans to deal with environmental and social issues that may be triggered by the Program.

Questions

  1. Does your DISCO have Environment guidelines? If available, can you provide a copy?
  2. Do you have an Environmental and Social Management Operations Manual? If you have, please provide a copy?
  3. When you install new equipment (for example transformers and base stations) do you conduct an EIA?
  4. Can we have samples of your EIAs?
  5. Do you have OHS guidelines? Provide a copy.
  6. Do you have a social management plan?
  7. What do you do to ensure that the safety of the public is guaranteed?
  8. Do you have a public enlightenment and consultation plan?
  9. Do you have a waste management plan?
  10. Do you have a recruitment and personnel manual?
  11. How do you ensure equal opportunity in your recruitment?
  12. What is the percentage of men versus women in your DISCO?
  13. Can we have your staff list distributed across gender?
  14. How do you ensure that PWD’s are not discriminated against in your recruitment?
  15. How do you deal with issues of grievance- Have you instituted a grievance redress mechanism?
  16. How do you deal with the issue of resettlement when you want to carry out installations that will require land acquisition?
  17. How do you deal with issues of conflict with host community or with consumers?
  18. How do you deal with conflicts among staff?
  19. Do you have a security policy?
  20. Do you have a document that is readily available to staff regarding chain of command/reporting in your DISCO?
  21. How do you ensure that conflicts are avoided in contracts?
  22. Do you have a procurement guideline/manual to guide investors?
  23. Are their guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination in line with gender/other issues?

NB: IN ADDITION TO OTHER DOCUMENTS WE REQUESTED, PLEASE SUPPLY YOUR PERFORMNACE IMPROVEMENT PLAN

 

 

 

 

 

Annex 5: Nigeria Distribution Sector Recovery P for R Consultation Notes

Item

Description

Name of Area where presentation was conducted

Online Virtual Meeting via Microsoft Teams with the stakeholders of Nigeria Distribution Sector Recovery PforR DISCO states:

 

Abuja, Benin, Eko, Enugu, Ibadan, Ikeja, Jos, Kaduna, Kano, Port Harcourt and Yobe.

Dates

September 14 – 18, 2020

Language of Communication

English

 

Summary of Matters Discussed

Opening Remarks

 

 

A brief overview of the proposed project was presented, structure / expectation on the ESSA and the purpose of the consultation was introduced to the stakeholders at the consultation meeting by the E&S team from the World Bank.

Questions to stakeholders

Stakeholder Responses

 

1.   Does your DISCO have Environment guidelines- If available provide a copy?

g.    

2.   Do you have an Environmental and Social Management Operations Manual- If you have please provide a copy?

 

3.   When you install new equipment (for example transformers and base stations) do you conduct an EIA?

h.    

4.   Can we have samples of your EIAs

 

5.   Do you have OHS guidelines? – Provide a copy.

i.  

6.   Do you have a social management plan?

 

7.   What do you do to ensure that the safety of the public is guaranteed?

j.  

8.   Do you have a public enlightenment and consultation plan?

k.    

9.   Do you have a waste management plan?

 

10.  Do you have a recruitment and personnel manual?

 

11.  How do you ensure equal opportunity in your recruitment?

 

12.  What is the percentage of men versus women in your DISCO?

 

13.  Can we have your staff list distributed across gender?

 

14.  How do you ensure that PWD’s are not discriminated against in your recruitment?

 

15.  How do you deal with issues of grievance- Have you instituted a grievance redress mechanism?

 

16.  How do you deal with the issue of resettlement when you want to carry out installations that will require land acquisition?

 

17.  How do you deal with issues of conflict with host community or with consumers?

 

18.  How do you deal with conflicts among staff?

 

19.  Do you have a security policy?

 

20.  Do you have a document that is readily available to staff regarding chain of command/reporting in your DISCO?

 

21.  How do you ensure that conflicts are avoided in contracts?

 

22.  Do you have a procurement guideline/manual to guide investors?

l.  

23.  Are their guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination in line with gender/other issues?

Abuja

Environmental guidelines are developed by statutory agencies, not directly by DISCOs. All guidelines regarding environment for the AEDC are followed.

 

There is an Environmental and Social Management Operations Manual which guides AEDC operation. A copy would be made available later.

 

EIAs are not conducted because no project has triggered a full-scale EIA.

 

 Guidelines on OHS are developed by statutory agencies, not in-house.

 

There is a social management plan. A copy would be made available

 

To ensure the safety of the public, frequent inspections are carried out on equipment to ensure public safety. Similarly,  sensitization and town hall meetings are done while, safety advisories are placed on vehicles, churches and other public areas. They have a recruitment and personnel manual and they ensure equal opportunity during recruitment.

 

 

Information on staff, gender distribution, percentage and measures against discrimination of PWD would be shared later.

 

There are GRMs in place as well.

 

The resettlement framework is embedded in the social management framework.

 

Information on how issues of conflict with staff and host communities would be shared. As well as on their security policy and document regarding chain of command and reporting for staff.

 

The supply chain department and procurement department oversee contracts and procurement.

 

There is a succession plan in place, and this would be made available later.

 

Right of Way acquisition is done by specific regulatory guidelines. The FCTA has administration in charge of land regulations and the master plan is used at a large scale for the FCT, for other states (like Niger) certain acquisitions are done with relevant agencies based on emerging legislations. Compensation is also carried out based on the case at hand. Engagement is done largely across board. Also, the AEPB handle trees encroaching developments.

 

Benin:

The DISCO has Environment guidelines and would share later.

 

EIAs are not currently conducted, but this is a work in progress.

 

The DISCO has a social management plan.

 

Public awareness is carried out with use of signage and other mediums. Also, frequent checks on equipment used ensures public safety. There are also several means by which they conduct public enlightenment.

 

There is a waste management plan in place, on which they interface with the state Ministry of Environment.

 

They have an encompassing manual which includes recruitment and personnel.

 

Equal opportunity is ensured through open casting/vacancy for jobs.

 

The staff percentage is largely male. More information on this would be shared based on departments.

 

Largely PWDs are not considered, but depending on the form of the disability, an alternative job role could be offered.

 

At unit levels and state levels, grievances are addressed with various committees that handle staff grievances. The commissions guidelines address the customers’ grievances. These are still progressing, however.

 

Land acquisition is majorly carried out by statutory state bodies and agencies.

 

Issues of conflict with host community are dealt with appropriately.

 

Conflicts among staff are handled in accordance with the HR manual.

 

There is a document that speaks to the aspect of security.

 

Conflicts regarding contracts are addressed in government procedures.

 

There are guidelines on investment and to investors.

 

There are guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination.

 

Pension is paid to staff and also unions are interacted with. There are not many cases of sexual harassment.

 

BEDC has females from the board with the inclusion of a female Non-Executive Director (Mrs. Millicient Osai), also worthy of mention is that BEDC is the only DisCo with a female CEO / Managing Director for 6 years. Also, there are 2 female executive management officers in key roles, the Chief Agency & Channels Officer (Felicia Nlemoha) and the Chief Corporate Services Officer (Kunbi Labiyi)

 

Eko:

There is an environmental policy as well as a social management plan.

 

EIAs are conducted  before equipment installation .

 

There are OHS guidelines and social management plan in place.

 

Safety of the public is led by the safety unit and work with Lagos state on such issues as Right of Way. Physical engagement and media awareness are also done to ensure that they relocate in good and safe time.

 

There is a public enlightenment and consultation plan.

 

There is a waste management plan.

 

There is a recruitment and personnel manual; this is structured under 10 business districts.

 

Equal opportunity is ensured through various departments and verification processes overseen by the Human Resources, whose policy is to ensure equal opportunity.

 

Gender distribution in the DISCO is fair.

 

It is ensured that PWDs are not discriminated against.

 

Grievance redress is carried out in the DISCO, anonymous reports can be sent in on this.

 

Resettlement is done in conjunction with government agencies to ensure title documents are in place.

 

Community leaders are contacted directly via the Lagos state government and have a good rapport with these leaders so that conflicts are minimized.

 

Conflict with staff are rare, but conflicts are resolved by panels set up by applying conditions of service and existing laws.

 

The DISCO has a security policy.

 

There is a document available to staff regarding chain of command and reporting in the DISCO under the internal policies.

 

Contracts are drawn up to ensure that conflicts are avoided.

 

There is a procurement guideline/manual to guide investors.

 

There are guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination in line with gender/other issues.

 

Enugu:

Yes, there are Environment guidelines, they work with the State Ministry Environment as well.

 

EIAs are conducted for installations to be done. Samples would be provided later.

 

They have OHS guidelines. There is no social management plan in place.

 

In construction they ensure to comply with the NESSE. Also awareness is carried out to the public physically and by media. Cease and desist letters are sent out to those who construct under power lines. Warning signs and fliers are also mounted for electricity hazards and precautions, they also conduct network inspection monitoring.

 

They have a waste management plan available.

 

They have a recruitment and personnel manual which would be sent later.

 

Equal opportunity is ensured via online application, shortlisting is done, and job adverts are done widely.

 

There is a staff distribution of 26% men and 72% women.

 

PWDs are not discriminated against, they have 10 staff in this category currently.

 

There are 2 levels of disciplinary committees. Conflict among staff is handled by fair hearing and by stipulations of HR.

 

Resettlement guidelines are in place for carrying out installations. The DISCO tries to use existing infrastructure in the area to expand on it using their right of way.

 

There is a security policy in place as well as one for engaging government security agencies and provision to top management and assault on staff.

 

The DISCO has an organogram with a chain of command for staff.

 

Contracts are managed with intended agreements exchanged and reviewed before being signed off on. There hasn’t been any contract issue in the last 6 years.

 

There are currently no guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination, but there is a structure in place that addresses this adequately.

 

Ibadan:

The DISCO has Environmental guidelines and this would be provided subsequently.

 

They have an environmental and social management operation, but this is not in detail.

 

EIAs are conducted and samples would be provided.

 

They have OHS and this can be provided.

 

The safety of the public is guaranteed through engagement of the committee on HSE.

 

Public enlightenment is done physically and virtually

Waste management is done by the supply chain and administrative departments.

 

Recruitment and personnel management is done by the HR department.

 

Equal opportunity is ensured in the DISCO. Staff list and distribution would be included in the report.

 

It is ensured that PWDs are not discriminated against during recruitment.

 

Issues on grievance redress and resettlement and the host community would be advised subsequently.

 

Conflicts among staff are dealt with using the staff book and HR policy. There is also a document available to staff regarding chain of command and reporting.

 

The DISCO has a security policy.

 

Conflicts with contracts hardly arise as there is a straightforward HR policy to guide relations.

 

There is a procurement guideline/manual to guide investors.

m.  

There are guidelines/ rules regarding succession/ change of top management to avoid conflicts and discrimination in line with gender/other issues.

 

The DISCO has a policy on sexual harassment. There is a complaint centre for customers on issues they may have which are channeled to appropriate departments to rectify. For trade unions, members and staff are free to join or opt out of these unions. For pension schemes, there are schemes present in line with the pension Act. There is also an arrangement with the local vigilante to incentivize them to protect against cases of vandalism.

 

Ikeja:

The DISCO has Environmental guidelines as well as social management plan.

 

They usually conduct an EIA. Samples would be provided subsequently.

 

They have OHS guidelines and a social management plan

 

Social awareness is conducted physically, as well as through other media.

n.    

The DISCO has a public enlightenment and consultation plan as well as a waste management plan and a recruitment and personnel manual.

 

Equal opportunity is ensured by posting available vacancies online.

 

PWD are not discriminated against and have all needs met for work.

 

They have a whistle blowing platform and a grievance redress mechanism.

 

Issue of resettlement is dealt with by proper compensation of affected community members. The deed of assignment is checked to find who the owner is and who community leaders are on the land. A contract for compensation is drawn and signed to all parties involved. All grievances are discussed and agreed before the contract is signed.

 

Issues of conflict in host community are dealt with by having frequent interaction with community members.

 

There is a system in place to deal with conflict among staff.

 

They have a security policy and a document for staff regarding chain of command and reporting in the DISCO.

 

Contracts are drawn up to ensure that stakeholders are properly capture and needs are met.

 

There is a procurement guideline/manual to guide investors.

o.    

There is a clear succession plan to minimize conflicts as much as possible.

 

Jos:

They have an environmental policy which is based on state government policies.

 

When transformers are installed, there are safety procedures in provisions, precautions and caution requirements.

 

The EIA is used to cover the areas where the safety measures are. Land on which this is done is approved by the State Ministry of Lands. Location is determined by the survey of  where the supply is to be done and request for approval of that land is written to the state. Government would decide on how compulsory acquisition is to be carried out, but this is often avoided. Compensation for acquisition is done through government intervention. For each location, land policy and regulations rely on the state’s existing laws.

 

With grievance redress, the DISCO does not personally have its own regulations or procedures for that, but they do have an OHS for guidance.

 

The DISCO does not have an environmental guideline, nor social management plan.

 

They do not usually conduct EIAs.

 

Kaduna:

The DISCO has OHS guidelines in place.

 

There is no approved social management plan, but there are corporate communication guidelines.

 

Public safety is ensured by implementation of HSE guidelines and procedures. There is also an insurance policy in place to cover any public accidents. They have public enlightenment exercises as well.

 

There is a waste management plan used in operation.

 

The DISCO does not have a standalone security policy.

 

The DISCO has a Communication policy.

 

Kano:

No response?

 

Port Harcourt:

There are environment guidelines embedded in the safety practice manual.

 

EIAs are conducted for installations to be done. Also, this is broken down into crisis management, social management, etc. to see impact on the environment, human rights, business practices, etc. all in the Environmental and Social Operations.

 

Samples of EIAs cannot be provided as projects are usually carried out by Federal Government and so have met EIA criteria as part of the project process.

 

The DISCO has OHS guidelines.

 

Social management is embedded in the environmental and social operations.

 

The DISCO has a safety mantra with safety briefs shared to staff. Precautions are carried out on arrival to sites as well. Public awareness is carried out to the public in targeted areas; schools, markets, etc. as well as on media.

 

There are waste management plans especially in Cross River state.

 

There are procurement standards and policies to manage contracts within the DISCOs and other contractors.

 

There are policies which state clear succession plans and change of management.

 

In instances of land acquisition, Right of Way is strictly adhered to.

 

The Ministry of Environment works with the DISCO in terms of the cleanliness of the environment. The Ministry of Land does not interfere directly with PHED for Right of Way; that is done by the Ministry of Power. Most Right of Ways are already established and where this is not so, they extend their right of way and then acquire land.

 

The DISCO has a log for incidents and cases of near misses (in Enugu and Port Harcourt).

 

There are laws to protect against GBV and PWD in Rivers state.

 

Yobe:

Under Government acquisition hence applies federal system.

Perceptions about the Project

The representatives were pleased with the presentation of the program.

Recommendations and Remarks

Generally, the consultations process was a success.

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 6: Online Virtual Meeting via Microsoft Teams with TCN, NERC and BPE of Nigeria Distribution Sector Recovery PforR.

Date:   September 22, 2020

Attendees:

Dr. Aromeh Adole, Coordinator of Environmental and Social management framework

Abdullahi Adamu, Head of ICT at NERC

Iko Bulus, NERC, Planning and

Dr. Abdussalam Yusuf (Assistant General Manager, Planning research and Strategy Division, NERC)

The World Bank Team:

Dr. Amos Abu

Elijah Siakpere

Lucky Erhaze

Dr. Nnaemeka Chukwuone

Oluwatomilola Olowokure

 

Notes:

The World Bank Task Team gave a brief introduction of the project and its objectives as well as expectations from the consultation with the TCN, BPE and NERC.

A list of documents required from each of them were listed as follows:

  • Environmental and Social Management framework
  • Stakeholders engagement plan
  • Labour Management procedure for loading and offloading of meters on arrival
  • Communication plan; still referring to stakeholder engagement
  • Environmental and Social Commitment Plan; to be done in conjunction with the Bank

 

Dr. Aromeh spoke on the meter purchase and distribution experience they had in Abuja and said the newer policies regarding environment and social would be included on this project going forward.

 

Dr. Amos highlighted that specifics on functions and responsibilities and those responsible would be discussed in due course.

 

The tentative date for the Decision meeting is October 25, 2020. These documents need to be submitted at least 10 days before.

Questions to be answered by the NERC, BPE and TCN had been forwarded for their responses.

 

Timelines discussed:

Submission of documents should be no longer than two weeks after this consultation, i.e. October 6, 2020.

 

 

 

 

 

 

Annex 7: List of Participants During the Consultation with DISCOS between 14 and 18 of September 2020

 

S/No

Name

Position

DISCO

Contact (Email address/Phone Number)

1

Ije Ikoku-Okeke

Chief Financial Officer

Abuja

 

2

Tony Uneze

General Manager, Health, Safety, Environment & Social

Abuja

 

3

Rilwan Shorunke

Manager, Financial Analyst

Abuja

 

4

Reuben Okoye

General Manager, Regulatory Affairs

 

 

5

Ashok Acharya

Chief technical officer

Benin

AshokAcharya@bedcpower.com (08027894744)

6

Kunbi Labiyi

Chief Corporate Service Officer

Benin

KunbiLabiyi@bedcpower.com (08085816716)

7

Gilbert Nweke

Head HSE

Benin

GilbertNweke@bedcpower.com

(08037440921)

8

Osagie Ebadan

Head Procurement & Property

Benin

OsagieEbadan@bedcpower.com (08033425372)

9

Yemi Omoyelu

Chief Regulatory & Compliance Officer

Benin

YemiOmoyelu@bedcpower.com

(08023440357)

10

Ernest Edgar

Head, Strategy and Regulatory

PHED

ernest.edgar@phed.com.ng

11

Ochuko Amah

General Manager, Services

PHED

ochuko.amah@phed.com.ng

12

Monica Benson-Onaji

General Manager, Human Capital Management

PHED

monica.benson-onaji@phed.com.ng

13

Canice Emeka

Head, Revenue Protection

PHED

canice.obi@phed.com.ng

14

Frnaklin Ajaegbu

Head, Special Projects

PHED

franklin.ajaegbu@phed.com.ng

15

Romanus Chidi

Head, Network Management

PHED

romanus.chidi@phed.com.ng

16

Olalekan Olusanya

Head, Internal Audit

PHED

olalekan.olusanya@phed.com.ng

17

Nnennaya Okoroafor

Head, Legal Service

PHED

nnennaya.okoroafor@phed.com.ng

18

Chizim Owhor

Asst Mgr, Regulatory & Compliance

PHED

chizim.owhor@phed.com.ng

19

Akinyinka Akinpelu

Human Captal Management

PHED

akinyinka.akinpelu@phed.com.ng

20

Emmanuel Ogwuche

Strategy & Regulatory

PHED

emmanuel.ogwuche@phed.com.ng

21

Obinna Okeke

Strategy & Regulatory

PHED

obinna.okeke@phed.com.ng

22

Emem Sambo

Strategy & Regulatory

PHED

emem.sambo@phed.com.ng

23

Uchenna Mbah

Strategy & Regulatory

PHED

uchenna.mba@phed.com.ng

24

Nosakhare Okoro

Strategy & Regulatory

PHED

nosakhare.okoro@phed.com.ng

25

Victor Dakoru

Finance

PHED

victor.dakoru@phed.com.ng

26

Godgive Item

Head, Procurement

PHED

godgive.item@phed.com.ng

27

Omotola Olayande

HSE Officer

PHED

omotola.olayande@phed.com.ng

28

Chukwudi Adeshina

Regulatory Reporting

PHED

chukwudi.adeshina@phed.com.ng

29

Mercy Ohamuche

Regulatory Compliance

PHED

mercy.ohamuche@phed.com.ng

30

Maurice Ibok

Head Commercial, Calabar Zone

PHED

maurice.ibok@phed.com.ng

31

Mbam Bond

Revenue Protection, Uyo

PHED

8165102324

32

Engr. Sylvester Aguiyi

Network Manager, Uyo

PHED

sylvester.aguiyi@phed.com.ng

33

Ubong Akpan

ICO

PHED

 

34

Blessing Akpabio

Key Account

PHED

 

35

Dickson Inyang

Customer Care Manager

PHED

dickson.inyang@phed.com.ng

36

Adejoke Shotade

Community Engagement Manager

PHED

adejoke.shotade@phed.com.ng

37

U. C. Uriri

Min of Women Affairs Rivers

GUEST

8037077695

38

Gabriel Jaja

Min of Lands & Survey Rivers

GUEST

8037065454

39

Henry Uzor

Min of Lands & Survey Rivers

GUEST

8032931979

40

Charles George

Min of Environment Rivers

GUEST

8037100396

41

Panebi Jacob

Min of Women, Children Affairs and Social Development Bayelsa

GUEST

 

42

Kepre Godwin Oege

Min of Lands, Housing and Urban Development Bayelsa

GUEST

 

43

Chief Victor Effiom

MD/CEO, Water Board Cross River

GUEST

 

44

Hon. Victor Agwu

Commissioner for Power Cross River

GUEST

 

45

Hon. Mfon Bassey

Commissioner for Environment Cross River

GUEST

 

46

Sunday S. Umana

Dir. of Admin, Min of Labour & Manpower Planning Akwa Ibom

GUEST

8023754743

47

Anietie O. Archibong

Dir of Admin, Ministry of Women Affairs and Social Welfare Akwa Ibom

GUEST

8029199593

 


Annex 8: Details of Environmental & Social Benefits and Risks Associated with Each Result Area and DLIs 

Result Areas

DLIs

Environmental Benefits

Environmental Risks

Social Benefits

Social Risks

1. Improved DISCO operational performance.

1. Reduction in DISCOs’ metering gap

Reduction in the per/kWh GHG emissions associated with the network as a result of reduced use of fossil fuels as consumption of power by customers reduces. Also, where smart meters are used, they significantly benefit the environment by reducing consumption of fossil fuel resources, thereby reducing emission of greenhouse gases (GHG) and other air pollutants. The achievement of this DLI also have some climate co-benefits as it aligns with the MDB list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability.  

There could be sparks and fire incident during installation of meters.

This is beneficial to customers as they will no longer be given estimated bills which could lead to excessive billing, loss of income and poverty. Effective metering will equally help to reduce technical and non-technical losses thus enhancing distribution efficiency and thus increased income and poverty reduction as most citizens rely on income from enterprises that use electricity. There will also be increased employment economic growth as firms will meet their installed capacity which was not possible due to incessant electricity supply. Increased distribution efficiency and reliability will increase the number of hours that electricity is actually available and thus increase opportunities for children to study thereby enhancing educational outcomes.

Power sector workers (especially technical workers) and public safety may be affected during the installation of meters. There could be GBV and SH during the distribution and installation of meters in homes and offices. There could be discrimination of vulnerable people and elite capture in the distribution and installation of meters especially when meters are in short supply. Indirectly, there could be conflicts between customers and DISCOs as some scrupulous customers may tamper with meters or quarrel with DISCO staff to prevent Disconnection due to tampering with meters especially non smart meters. 

2. Number of new connections by DISCOs

There could be climate co-benefits due to reduced use of fossil fuel powered electricity generators by households and businesses that will be part of the new connections; Off-grid connections through renewable energy based systems, for new connections, would also have some climate –co-benefits; This DLI aligns with MDB list of eligible mitigation activities under Category 1.1: Wind power and Solar power, as well as Category 1.3: New information and communication technology, smart grid and mini grid.  

Connecting new customers into the distribution network could lead to increased noise level and air pollution from heavy duty vehicles and machines that will be used in the operation. There could also be cumulative impacts due to pre-existing environmental conditions. Also, installation of new feeders into underserved areas near the existing distribution infrastructure may lead to cutting down of vegetation and impact on fauna species thereby leading to loss of biodiversity.

Increased access to reliable electricity supply, through new connections, can increase productivity and improve health with local and global impacts. The income of those that are getting connected to electricity, especially women involved in small businesses, will be enhanced, costs associated with the use of generators for electricity in the households prior to the connection will be eliminated and poverty will be reduced. The extension of electricity to new customers through the new connections will facilitate their economic activities and help them recover from the economic hardship due to COVID-19 pandemic. Also, school children and youths in the areas receiving new connections will have electricity which will enhance their studies with positive education outcomes. Women especially, who often need power for most home activities will be impacted on positively. 

 

Public and worker safety may be affected during the installation of new feeders and connection of new customers especially given the danger associated with electricity. Also, there is a possibility of exclusion of vulnerable groups ethnic bias and elite capture while increasing connections and identification of underserved areas to be installed with new feeders and transformers. There is also possibility of GBV and SH during extension of power to underserved areas and localities especially giving the influx of power sector workers into the communities. Indirectly, there could be conflicts between customers and DISCOs as some scrupulous customers may tamper with connects and meters to in a bid to avoid payment. In addition, there could be displacement of people especially due to installation of feeders in underserved areas and expansion of the network to accommodate new connections through off-grid systems, for example, solar systems.

3. Kilometres of medium voltage (MV) distribution lines rehabilitated by DISCOs

Enhanced distribution efficiency and reliability of power supply due to the rehabilitation of distribution lines and infrastructure will help limit the rate at which households and businesses use petrol and diesel powered generators. This will ultimately lead to improved air quality and reduction in pollutant and greenhouse gas emission. This DLI aligns with MDB list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability; Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings as well as Category 3.3: Improvement in utility-scale energy efficiency through efficient energy use and loss reduction, or resource efficiency improvements.

Environmental risks associated with rehabilitation of distribution lines include noise, waste problem and traffic obstruction. In addition, the rehabilitation of the distribution lines may lead to cutting down of tress and vegetation. y.

Rehabilitation of the distribution lines will lead to the reduction of losses, enhanced distribution efficiency and reliability of electricity supply. This will lead to increased income for households and businesses that rely on electricity for economic activities and thus facilitate poverty reduction and recovery from the economic crisis as a result of COVID-19. There will also be increased employment economic growth as firms will meet their installed capacity which was not possible due to lack of and incessant electricity supply. Also, the performance school children and youths residing in areas with stable electricity supply due to the rehabilitation will be enhanced. Women especially, who often need power for most home activities will be impacted on positively.

Public and worker safety may be affected during the rehabilitation of distribution lines and infrastructure especially given the danger associated with electricity. There is also possibility of GBV and SH during rehabilitation of distribution networks and infrastructure especially giving the influx of power sector workers into the different localities (urban and rural) where rehabilitation activities will take place. There could be bias in choosing locations where distribution networks will be rehabilitated. The DISCOS may choose locations that where customers use more electricity and pay more money and neglect areas where poor and vulnerable people reside as the returns from the areas will be less. There could be minor land take and temporary displacement of people around the distribution networks  during the rehabilitation work.

 

 

 

 

 

 

4. Increased collection efficiency by DISCOs

Increased efficiency in the collection of tariffs/billed amounts from customers will Discourage them from excessive use of electricity which in turn reduce the amount of power consumed. Reduction in the amount of power consumed by customers will lead to reduction in carbon emission.  

Environmental risks due to this DLI is negligible.

Efficiency in collection of tariff will enhance DISCOs income, and facilitate their performance in ensuring distribution efficiency and stability on power supply. This will in turn lead to increased income for households and businesses that rely on electricity for economic activities and thus facilitate poverty reduction. Women and other vulnerable groups that need power to facilitate their economic activities will be impacted on positively. 

Workers safety may be threatened when Disconnecting customers that have not paid or those that tampered with meters/involved in electricity theft. There is possibility of SH and SEA especially involving power sector workers and customers.  

2. Enabling diversification of commercial options for DISCOs to supply their demands.

5. Reduction in transformer technical losses in existing distribution networks

There would be enhanced distribution efficiency due to the rehabilitation of PT and DT and this will bring about some climate co-benefits. The DLI aligns with the MDB list of eligible mitigation activities under Category 2.1: Retrofit of transmission lines or substations and/or distribution systems to reduce energy use and/or technical losses including improving grid stability or reliability, as well as Category 3.3: Improvement in utility-scale energy efficiency through efficient energy use and loss reduction, or resource efficiency improvements.

There could be air and ground water pollution due to possible leakage of PCB contaminated transformer oil during the rehabilitation of PTs and DTs, waste problem possibility of air pollution. 

Rehabilitation of PT and DT will enhance distribution efficiency and lead to increased income for households and businesses that rely on electricity for economic activities and thus facilitate poverty reduction. In this regard, it will facilitate the recovery of households from the economic crisis due to COVID-19 pandemic. There will also be increased employment economic growth as firms will meet their installed capacity which was not possible due to lack of and incessant electricity supply. Also, the performance school children and youths residing in areas with stable electricity supply due to the rehabilitation will be enhanced. Women especially, who often need power for most home activities will be impacted on positively.

 

 

 

 

 

 

 

 

Public and worker safety may be affected during the rehabilitation of PT and DT especially given the danger associated with electricity. The workers may also be exposed to PCB contaminated oil.

3. Strengthened governance and transparency.

6. Compliance with NERC Code of Corporate Governance by DISCOs

 A strong governance mechanism will provide some indirect benefits to the environment. In this regard, a strong governance mechanism will facilitate distribution efficiency which will in turn lead to reduced emissions.

Environmental risks due to this DLI is negligible.

A strong governance mechanism will facilitate distribution efficiency which is in turn associated with many social benefits including enhanced income and poverty reduction.

There could be GBV, SEA and SH.

7. Implementation of Management Information Systems (MIS) by DISCOs.

Achievement of this DLI will enable DISCO management to operate on the basis of evidence-based, informed decision making. As a result, efficiency of the DISCOs will be enhanced and thus efficiency in power distribution and thus, reduction in greenhouse gas emission. This DLI aligns with MDB list of eligible mitigation activities under Category 1.3: New information and communication technology, smart grid and mini grid, as well as Category 3.2: Energy efficiency improvements in existing commercial, public and residential buildings.

Environmental risks due to this DLI is negligible.

An MIS system will help facilitate incident recording and thus, public and worker protection. In direct benefits from an effective MIS system in the DISCOs is distribution efficiency and stability in power supply which will in turn will enhance income and poverty reduction.

Negligible

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 9: Environmental and Social Systems of the DISCOs and the Assessment of their Strengths and Weaknesses

DISCO

Environmental Management Systems and Framework

Assessment of Environmental Management systems

Social Management Systems and Framework

Assessment of Social Management Systems and Framework

Actions for strengthening and improving the E&S system (To be included in protocol/ standard and verified by an Independent Verification Agency (IVA))

Abuja (AEDC)

Abuja DISCO has a Construction Environmental Management Plan (CEMP); Environmental Aspects and Impact Register; Environmental and Social Policy statement; Operational Control Standard; Emergency Preparedness and Response Plan; a Document on how PCB has been managed; Waste Management Plan; and a Waste Management Procedure. Available evidence shows that Abuja DISCO conducts environmental audits of its Power Injection Substations. 

The DISCO has a robust environmental management system. The CEMP outlines the key steps to be taken by all site personnel to manage the environmental hazards and risks associated with construction activities. The CEMP incorporates the DISCO’s environmental management policy, and describes its environmental system, planning, waste management, vegetation management etc. The Organogram shows that they have 3 key personnel and 6 interns responsible for environmental management. The team should be able to deal with environmental issues in their area of jurisdiction if the interns are upgraded to environmental officers as the case may be.  The DISCO also has a robust plan for emergency preparedness and response, and for waste management. The process of PCB is also detailed although no date has been set for elimination of PCB from their system.

 

The DISCO has an Environment and Social Policy Statement; Health and Safety Policy Statement; Security Policy Statement; Social Management Plan; Stakeholder Identification and Engagement Plan (SIEP);

The DISCO has a robust social management plan with a detailed resettlement policy and procedure. The SIEP is robust containing a detailed process of engagement and a Grievance Redress Mechanism (GRM). The GRM includes a flow chart of processing grievances. Generally, the social management system appears robust although AEDC did not provide a HR policy or Condition of Service Handbook or Manual. The OHS was only a policy statement without detailed procedure for handling OHS issues. The DISCO has enough personnel to deal with social issues.

Abuja DISCO should provide a detailed OHS procedure. IVA to ascertain that the E&S systems meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Benin (BEDC)

Waste Management Procedure; Occupational, Health, Safety, Environment and Social Management Framework; Environmental and Social Policy Statement;

The OHS and E&S framework is detailed and aims to ensure that operations and activities are conducted in a manner that minimizes impact to the biophysical and social environment, promote health and safety condition, among others. The organogram shows that BEDC has only an OHS officer but there are no members of staff designated for environmental management.

Stakeholder Engagement Framework; Security Procedure; Personal Protective Equipment Policy; Occupational, Health, Safety, Environment and Social Management Framework; Occupational Health and Policy (OHS) Statement; Land Acquisition and Resettlement Framework (LARF); Grievance Mechanism; Human Resource Policy;

They only have an OHS officer but there are no members of staff designated for management of social issues. 14.45% of their staff are women. The LARF is well detailed and contains procedure for voluntary and involuntary land acquisition and resettlement of Project Affected Persons (PAP). BEDC has a robust GRM that provides multiple avenues for reporting grievances and a procedure for handling and monitoring the GRM. The HR policy is also robust and covers all aspects of human resource management as required by law. BEDA does not have an emergency response plan to guide management of emergencies and near misses.

BEDC needs to have adequate staff for the management of OHS issues. Provide emergency response plan. IVA to ascertain that the E&S systems meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Eko (EKEDC)

Environmental Policy Statement; OHS policy and manual; Environmental Management System (EMS); Green Procurement Framework; NEREA certificate of Environmental Audit; HSE policy statements; 

EKEDC has an EMS which covers operational planning and control procedure; monitoring, measurement, analysis and evaluation procedure; risk management planning; etc. EKEDC carried out a vegetation management study in 2018 which found out that the vegetation control technique used by the DISCO is manual method (hand cutting) and chemical method (use of herbicides). It is important to note that the use chemicals (herbicides) in vegetation management if not properly handled can negatively affect fauna species.  EKEDC also carried out air quality studies and found out that air quality index for PM 2.5 in the 51 injection substations was good to unhealthy. While PM 10 varied from good to moderate. The HSE policy statements covers issues relating to fire safety and emergency response policy statement, personal protective equipment policy statement, first aid policy statement, environmental protection policy statement etc. Although EKEDC has an EMS which covers some issues, the system does not fully incorporate procedures for management of environmental issues and parameters despite the studies, for example on air quality and vegetation management, which made recommendations on approaches to follow in the management of these environmental issues.

Sexual Harassment Policy; Conditions of Service; Whistle Blowing Policy; Standard Operating Procedure (SOP), OHS policy and manual,

The sexual harassment policy has clear definitions of sexual harassment and different forms of it and a detailed complaints procedure. The condition of service (HR policy) provides for different labour issues including code of conduct, recruitment (equal opportunity employer), compensation, rewards and benefits, among others. The SOP provides for a detailed approach for handling customer complaints. EKEDC does not have an emergency response plan to guide management of emergencies and near misses. Also, issues relating to land acquisition and resettlement were not covered.

Provide an emergency response plan and procedure for the management of land acquisition and resettlement. Update E&S system to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Enugu (EEDC)

Health Safety and Environment Department Manual; Waste Management Procedure Manual; Environmental and Social Policy Procedure (ESPP) statement; Environmental Management System (EMS); Corporate Health Safety and Environment Policy;

The HSE manual details the role of staff in the department and provides for a standard operating procedure to deal with HSE issues. It covers issues of health and safety but is weak regarding issues of environmental management. For example, vegetation management, PCB management, environmental assessment and audit etc. Although EEDC has EMS, these issues are not covered. EEDC has adequate staff to deal with HSE as it has HSE officer in all the stations under the two district (although evidence of their qualifications was not provided). Generally, there is a replication of health and safety documents but environment is not well covered in any. Harmonizing these documents into a robust Environmental and Social Management Manual or operations manual will provide for better management, monitoring and evaluation. 

Human Resource Department Manual; Security Department Manual; Regulatory Affairs Department Manual; Communications Manual; Sexual Harassment and Inappropriate Relationship Policy; Security Policy Manual; Occupational, Health and Safety (OHS) Manual; Recruitment Process Manual;  Standard Operating Procedures for Staffing Unit;

EEDC HR manual is detailed covering the role of staff in the department, recruitment procedure, staff welfare, pension, unionism etc. The security department manual describes the roles of the different units and officers and a standard operating procedure for security issues. The communications manual includes procedures for communicating with customers and other stakeholders on different issues. Although there is a policy to deal with issues of sexual harassment, the penalties are not clearly stated for specific offenses. Besides the sexual harassment policy does not cover issues of GBV. EEDC does not have an emergency response plan to guide management of emergencies and near misses. Also, issues relating to land acquisition and resettlement were not covered.

Provide an emergency response plan and procedure for the management of land acquisition and resettlement. Update E&S system to cover environmental issues to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Ibadan (IBEDC)

Environmental Management System (EMS) Manual; Preliminary Carbon Footprint Assessment Report; EMS operational planning and control; EMS monitoring, measurement, analysis and evaluation procedure; EMS Resource Management; EMS Evaluation of compliance procedure; EMS Risk Management Planning; Draft Environmental Policy;   

IBEDC EMS incorporates the environmental policy, environmental objectives, duties of staff regarding environment at their various locations etc. There is also and EMS monitoring, measurement, analysis and evaluation procedure and operational planning and control procedure, EMS resource management and EMS evaluation of compliance procedure, and EMS risk management planning as standalone documents. It will be more helpful to incorporate or consolidate all the separate EMS procedure into EMS manual. There is an evidence (NESREA Certificate) to show that IBEDC conducts environmental audit of its injection substations. IBEDC has also conducted air quality assessment around its injection sub-stations. The staff list and qualification provided shows that only one staff with qualification in management (a MBA in Marketing Management and A PGD in Management) not related to HSE is in the department suggesting that the department is understaffed and the available one is not qualified to be in the department. This also suggests that HSE is mainly on paper.

Human Resource Policy and Procedure (HRPP); Recruitment and Selection Policy and Procedure; Procedural agreement with Unions although not signed; OHS policy statement; OHS manual; Process Manual for Handling Customer Complaints/Service Issues.

The HRPP is detailed and contains a lot of provisions including manpower planning, recruitment, competence management, performance management, career and succession plan etc. It is provided in the HRPP that the DisCo is an equal opportunity employer and does not discriminate according to gender, race, ethnicity, religion or any other criteria. IBEDC also has a standalone recruitment policy and procedure besides the details already provided in the HR policy. It will be good if the recruitment policy is incorporated in the HR policy to avoid duplication or on the other hand the recruitment section in the HR policy should refer to the standalone recruitment policy. The procedural agreement with unions in IBEDC contains provision for grievance redress among staff. There is a Process Manual for handling customer complaints and it also includes a customer redress mechanism flow of actions. Also, there is no policy for dealing with issues of GBV and SH and this not provided in the HRPP. Also, issues relating to land acquisition and resettlement were not covered. They did not indicate that they apply NERC land acquisition regulation.

Provide adequate staff and build their capacity to handle HSE issues, provide procedure/policy to deal with GBV/SEA/SH and procedure for the management of land acquisition and resettlement. Update E&S system to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Ikeja (Ikeja Electric (IE))

Certificate of accreditation from DQS Dmbh that Ikeja Electric maintains an Environmental Management System (EMS); Integrated Management Systems (IMS) Manual; HSE Operational Control Procedures (HSE-OCP); Quality, Health, Safety and Environment (QHSE) Policy statement;

The IMS manual of Ikeja Electric is like an umbrella document that support the implementation of the Integrated Management System in the company and to also help in addressing the relevant requirements of the international standards for Quality Management System (ISO 9001:2015), Environmental Management System (ISO 14001:2015) and Occupational Health and Safety (ISO 45001:2018).  Ikeja Electric HSE-OCP is a related document to the IMS manual. It outlines the practices to be adopted for controlling OHS risks and Environmental aspects of the company’s activities under the scope covered by the Integrated Management System. It covers all OHS risks and Environmental aspects of the company’s activities. It has a section on environmental aspects management operational control procedure which includes, waste management, vegetation management, management of transformer oils, green office practices; air emission control, dust control, noise control, environmental impact assessment, among others. IE also has an emergency preparedness and response procedure. 

Recruitment Policy; Certificate of accreditation from DQS Dmbh that Ikeja Electric maintains an Occupational, Health and Safety (OHS) management system; Grievance Policy (for staff); Operational Control Procedures (OCP); Conditions of Service Manual; Incidents Investigation Tracking Register; Code of Ethics and Professional Conduct; Performance Improvement Plan;   

Ikeja Electric is an equal opportunity employer as indicated in the recruitment policy. Ikeja Electric HSE-OCP covers all OHS risks and Environmental aspects of the company’s activities. It has a section on OHS operational controls which cover issues relating to safety codes, fire prevention and protection, PPE, field compliance monitoring, Ikeja Electric Safe App, general OHS requirements, among others. The Conditions of Service Manual is very robust covering all aspects of HR management including code of ethics and professional conduct, salaries, wages and increment, training and development, industrial relations, benefits, insurance and compensation, discipline with detailed sanctions due to misconduct as agreed with unions, among others.  IE has a very robust systems and procedures for handling social issues, however, there was no evidence that they have GRM for customers or a procedure for handling customer complaints although communication with customer including complains was summarized in the IMS manual. Although a sanction of dismissal for sexual harassment was incorporated in the Conditions of Service Manual, IE does not have detailed procedure for handling GBV and SH. 

Provide procedure/policy to deal with GBV/SEA/SH and GRM. Given that IE has a robust environmental management system and OHS, IVA should ascertain that the E&S systems meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Jos (JED)

Waste Management Procedure;

JED do not have any manual guiding environmental management for example EMS, HSE manual. Also, they do not have any certificate indicating that they have conducted an EIA or Environmental Audit in the past. They indicated that they have engaged a consultant to prepare and Environmental Audit of their injection sub-stations. They only have a waste management procedure which is a guide for management of waste in JED offices. It does not cover the management of waste at the sites in the field and where they are having on-going rehabilitation work. The company also does not have Emergency Preparedness and Response Policy.

Accident and Near-miss Record; Conditions of Service (Employee Handbook/Code of Conduct); Customer Care Standards Operation Procedure;  Employment Policy and Manual; Performance Improvement Plan; Security Policy; Stakeholder Identification and Engagement Procedure; Strategic Plan;

JED has a robust Conditions of Service document. The document covers issues relating to employment and promotion, salaries and allowances, performance management and reward, discipline, compensation and benefits, labour and industrial relations, among others. The Customer Care Standards Operation Procedure details the approach to handling of customer complaints, including complaints investigation and resolution process. They indicated that they follow the extant laws and regulation, especially, in issues of land acquisition. JED has a detailed stakeholder identification and engagement procedure. JED does not have detailed procedure for handling GBV and SH. JED indicated that they apply NERC land acquisition regulation.

JED to develop EMS/HSE manual and OHS manual. Provide procedure for handling GBV, SEA and SH. Develop/update (for socials) E&S systems to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Kaduna (Kaduna Electric) (KAEDCO)

 

Noting on Environment

Employee’s Conditions of Service; Corporate Communications Process Policy Guideline; Performance Improvement Plan (PIP);

The Condition for Service is robust and covers issues relating to employment and promotion, salaries and allowances, performance management and reward, discipline, compensation and benefits, labour and industrial relations, among others.  Corporate Communications Process Policy Guideline also provides the detail for communicating with the company and with customers and other stakeholders. KAEDCO does not have detailed procedure for handling GBV and SH. The company also does not have Emergency Preparedness and Response Policy.

KAEDCO to develop EMS/HSE manual and OHS manual. Provide procedure for handling GBV, SEA and SH. Develop/update (for socials) E&S systems to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Kano (KEDCO)

Environment and Social Due Diligence Checklist; Health Safety and Environment (HSE) Guideline 2020; Corporate Health Safety and Environment Policy;

The HSE guideline is not robust as it does not cover a lot of issues, for example, environmental assessment, waste management, vegetation management, noise control etc. The company also does not have Emergency Preparedness and Response Policy.

Accident Log (2014 to Date); Company Policy on Conditions of Service; Procurement Unit Policy; Whistle Blowing Policy; Succession Planning Guidelines.

KEDCO has a condition of service policy that has some details regarding code of conduct, recruitment, appointment and promotions, salaries/wages/allowances/loans, whistle blowing, misconduct and maximum penalties etc. While it has a brief section on GRM for staff, it did not provide any guideline but only indicated that it was in the interest of the company and employees to resolve issues relating to them in a mutually acceptable manner. It also said in another document (processes and procedures) that KEDCO encourages employees to resolve grievances informally with their line Managers and or Heads of Department. Also, there was no provision for pension scheme as stipulated in the Pension Reform Act. They only indicated that retiring employee will be paid basic salary 3 months in lieu. The company also does not have a detailed procedure for handling GBV and SH.

KEDCO to develop OHS manual and a detailed GRM. Provide procedure for handling GBV, SEA and SH. Update their E&S systems to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

Port Harcourt

(PHEDC)

Health Safety and Environment Management System Manual (HSE-MSM); Health Safety and Environment Policy and Strategic Objectives (HSE-PSO); Safe Practices Manual; Waste Management Plan; Monthly Accident Statistics;

PHEDC HSE-MSM and HSE-PSO does not adequately provide for an adequate strategy and actions to manage health safety and environment. In fact, some of the points in the HSE-MSM were propositions and are not clear strategies or actions. Also, the HSE-PSO does not contain the detail regarding how the policy statements will be operationalized including responsibilities. The is need for PHEDC to update its HSE policy and strategy to provide a robust strategy and action plan to facilitate HSE management.  

Procurement and Supply Chain Management Policy and Procedure; Strategic Enlightenment and Consultation Policy; Performance Improvement Plan (PIP); Document on Stakeholder Identification and Engagement; Corporate Social Responsibility Policy; Security Guideline, procedure and Processes; PHED People Handbook;   Procurement and Supply Chain Management Policy and Procedure; Crisis Management Procedure; Succession Plan Framework;   

PHED in its People Handbook (Human Resources Policy) does not provide for union activities in line with the Trade Union Act. PHED has a relatively detailed procedure for engagement of stakeholder and enlightenment and consultation. It has a robust procedure for crisis management (emergency preparedness and management). It is important to note that PHED envisages labour crisis and has a detailed action that should be followed in case of

Picketing by Union groups around the business premises. However, PHED did not provide for union activities in its peoples Handbook. 

 

 

Yola (YEDC)

Health. Safety and Environment (HSE) Policy Statement; HSE Management System Manual (Roles and Responsibilities); YEDC Safety Code; Waste Management Program;

YEDC indicated that they do have a manual for environmental management. The HSE management system manual only indicated responsibilities for the officers in the unit.

YEDC Grievance Procedure; Stakeholder Engagement for Effective DISCO Management;

YEDC did not provide HR policy, No GBV and SH management procedure, No Incidents Investigation Tracking Register, No Security Policy etc.

YEDC to develop EMS/HSE manual, HR manual and OHS manual. Provide GRM procedure and procedure for handling GBV, SEA and SH. Develop E&S systems to meet the benchmark that will be developed as part of the Program Action Plan (PAP).

 

Note:  This annex shows the existing procedures for E&S management in the DISCOs, their strengths and weaknesses and required action for strengthening and improving the E&S systems. It does not provide a benchmark for measuring the DISCOs. Providing a benchmark is one of the actions in the PAP.


 

 

[1] The program IPF/TA component include capacity building activities to strengthen the DISCOs to manage environmental and social risk

[2] Mini-grid solutions will be established by private developers. DISCOs will not develop mini-grid solutions directly but may consider increasing access through the solutions where appropriate and convenient. 

[3] See World Bank (2019) Bank Directive: Program-for-Results Financing

[4] Land acquisition involving displacement/resettlement is excluded and not applicable for this operation (see excluded activities in paragraph 36 and annex 11)

[5] Davidson, O., & Mwakasonda, S. A. (2004). Electricity access for the poor: a study of South Africa and Zimbabwe. Energy for Sustainable Development, 8(4), 26–40. doi:10.1016/s0973-0826(08)60511-6 

[6] NBS (2019) Poverty and Inequality in Nigeria. Abuja, National Bureau of Statistics (NBS)

[7] Pueyo, A. (2013) ‘The Evidence of Benefits for Poor People of Increased Renewable Electricity Capacity: Literature Review’, IDS Evidence Report 31, Brighton: IDS

[8] Pueyo, A., Bawakyillenuo, S., & Carreras, M. (2020). Energy Use and Enterprise Performance in Ghana: How Does Gender Matter? The European Journal of Development Research. doi:10.1057/s41287-020-00273-0

[9]Annual Report of the sustainable development /climate change, gender and human rights unit. (No date)

 

[10] Saifuddin, N., Bello, S., Fatihah, S., and Vigna, K.R. (2016) Improving electricity supply in Nigeria: Potential for renewable energy from biomass. International Journal of Applied Engineering Research, 11, 14 (2016); pp 8322-8339.

[11] The program IPF/TA component include capacity building activities to strengthen the DISCOs to manage environmental and social risk

Request for Invitation to Bids

 

Request for Bids

 

 

Employer: Transmission Company of Nigeria (TCN)

Project: Nigeria Electricity Transmission Project (NETAP)

Contract title: Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West

Country: Nigeria

Credit Nos. 61850-NG & 61860-NG

RFB No: NTP-W2

Issued on: 30th November, 2020

  1. The Federal Republic of Nigeria has received financing from the World Bank toward the cost of the Nigeria Electricity Transmission Project, and intends to apply part of the proceeds toward payments under the contract for the Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West.
  2. The Transmission Company of Nigeria Plc – Project Management Unit (TCN-PMU) now invites sealed Bids from eligible Bidders for the Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West. TCN is embarking on a construction project to expand and refurbish Benin Regional Control Centre and Ikeja-West Regional Control Centre. The two Regional Control Centers (RCCs), are responsible for all TCN Grid Operations, Monitoring and Control within the Transmission network. Functionally, the RCCs supervise all the substations within the two Regional Control Centers, The construction period of twelve (12) months is required for this assignment.
  3. Bidding will be conducted through international competitive procurement using Request for Bids (RFB) as specified in the World Bank’s “Procurement Regulations for IPF Borrowers- Procurement in Investment Projects Financing” July 2016, revised November 2017 and August 2018 (“Procurement Regulations”), and is open to all eligible Bidders as defined in the Procurement Regulations.
  4. Interested eligible Bidders may obtain further information from Transmission Company of Nigeria, Project Management Unit (TCN-PMU)–Engr. T. M. Bamalli: tcnpmu@tcnpmu.ng & tukur@tcn.org.ng.
  5. The Bidding document in English language may be purchased by interested eligible Bidders upon the submission of a written application via email to the above email address and upon payment of a refundable fee of Fifty thousand Naira (N50,000.00). The method of payment will be via Remita (https://www.remita.net/) by generating Remita Retrieval Reference (RRR) in favour of Transmission Company of Nigeria-Project Management Unit.

Kindly follow these steps: (i) Enter Remita platform (ii) Select Pay FGN and State TSA (iii) Select FGN (iv) Under Who do you want to pay-Select Transmission Company of Nigeria –Project Management Unit (v) Under Name of Services/Purpose-Select Transmission Company   of Nigeria –Project Management Unit (vi) Complete the form and Submit.

The bidding documents can be accessed and downloaded via this link https://tcnpmu.ng/pmu_assets/pmu_files/2020/11/requestforbids.docx

  However, evidence of payment in accordance with item 5 above must be accompanied with your Bids.

  1. Firms that cannot meet the following key qualifications requirements are not encouraged to participate in the Bidding Process:

 

  • Average annual turnover requirement

Minimum average annual turnover of Three million, one hundred and ten thousand US Dollars (US$3,110,000) for each Lot calculated as total certified payments received for contracts in progress or completed, within the last three (3) years

 

(b)  Financial Resources

The Bidder shall demonstrate that it has 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 Five hundred and twenty thousand US Dollars (US$520,000) for each Lot.

 

(c)   Specific Experience:

A minimum number of two(2) similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, management contractor or subcontractor between 1st January, 2015 and each of minimum value of One million, two hundred and forty four thousand US Dollars (US$1,244,000) for each Lot.

 

  1. Bids can be submitted by email with password protected read-only documents as attachments. The email address for the bid submission is ciroma.joseph@tcn.org.ng. The submission deadline is 28th January, 2021 at 12:00 pm Nigeria Local time. Bidders can also submit pass worded soft copy in a flash drive. TCN-PMU will confirm the receipt of each bid. The read-only password protected bids will be opened on 28th January, 2021 at 1:00pm Nigeria Local time. Bidders are expected within one hour after the bid submission deadline to have sent the password of their password protected read-only bids to ciroma.joseph@tcn.org.ng as specified in the bidding documents.

 

  1. All Bids must be accompanied by Bid Securing Declaration.
  2. Attention is drawn to the Procurement Regulations requiring the Borrower to disclose information on the successful bidder’s beneficial ownership, as part of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as included in the bidding document.

Bidding Document for NTP-W2 with link

 

 

Request for Bids


for

 

Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West

 

Bid No: NTP-W2

 

Nigeria Electricity Transmission Project (NETAP)

Credit Nos: 61850-NG & 61860-NG

Project ID No.: P146330

 (IDA Financed)

 

 

Transmission Company of Nigeria (TCN)

Project Management Unit

   Office Address:

Telephone: +234-808 028 8802-3  No. 10 Kunene close,

 Off Bobo street, Off Gana street

Web Site: http//www.tcnpmu.ng  Maitama, Abuja.

 

November, 2020

TRANSMISSION COMPANY NIGERIA (TCN)

 

Request for Bids

 

 

Employer: Transmission Company of Nigeria (TCN)

Project: Nigeria Electricity Transmission Project (NETAP)

Contract title: Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West

Country: Nigeria

Credit Nos. 61850-NG & 61860-NG

RFB No: NTP-W2

Issued on: 30th November, 2020

  1. The Federal Republic of Nigeria has received financing from the World Bank toward the cost of the Nigeria Electricity Transmission Project, and intends to apply part of the proceeds toward payments under the contract for the Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West.
  2. The Transmission Company of Nigeria Plc – Project Management Unit (TCN-PMU) now invites sealed Bids from eligible Bidders for the Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West. TCN is embarking on a construction project to expand and refurbish Benin Regional Control Centre and Ikeja-West Regional Control Centre. The two Regional Control Centers (RCCs), are responsible for all TCN Grid Operations, Monitoring and Control within the Transmission network. Functionally, the RCCs supervise all the substations within the two Regional Control Centers, The construction period of twelve (12) months is required for this assignment.
  3. Bidding will be conducted through international competitive procurement using Request for Bids (RFB) as specified in the World Bank’s “Procurement Regulations for IPF Borrowers- Procurement in Investment Projects Financing” July 2016, revised November 2017 and August 2018 (“Procurement Regulations”), and is open to all eligible Bidders as defined in the Procurement Regulations.
  4. Interested eligible Bidders may obtain further information from Transmission Company of Nigeria, Project Management Unit (TCN-PMU) – Engr. T. M. Bamalli; tcnpmu@tcnpmu.ng & tukur@tcn.org.ng.

 

  1. The Bidding document in English language may be purchased by interested eligible Bidders upon the submission of a written application via email to the above email address and upon payment of a refundable fee of Fifty thousand Naira (N50,000.00). The method of payment will be via Remita (https://www.remita.net/) by generating Remita Retrieval Reference (RRR) in favour of Transmission Company of Nigeria-Project Management Unit.

Kindly follow these steps: (i) Enter Remita platform (ii) Select Pay FGN and State TSA (iii) Select FGN (iv) Under Who do you want to pay-Select Transmission Company of Nigeria –Project Management Unit (v) Under Name of Services/Purpose-Select Transmission Company   of Nigeria –Project Management Unit (vi) Complete the form and Submit.

The bidding documents can be accessed and downloaded via this link https://tcnpmu.ng/pmu_assets/pmu_files/2020/11/requestforbids.docx

  However, evidence of payment in accordance with item 5 above must be accompanied with your Bids.

  1. Firms that cannot meet the following key qualifications requirements are not encouraged to participate in the Bidding Process:

 

  • Average annual turnover requirement

Minimum average annual turnover of Three million, one hundred and ten thousand US Dollars (US$3,110,000) for each Lot calculated as total certified payments received for contracts in progress or completed, within the last three (3) years

 

(b)  Financial Resources

The Bidder shall demonstrate that it has 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 Five hundred and twenty thousand US Dollars (US$520,000) for each Lot.

 

(c)   Specific Experience:

A minimum number of two(2) similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, management contractor or subcontractor between 1st January, 2015 and each of minimum value of One million, two hundred and forty four thousand US Dollars (US$1,244,000) for each Lot.

 

  1. Bids can be submitted by email with password protected read-only documents as attachments. The email address for the bid submission is ciroma.joseph@tcn.org.ng. The submission deadline is 28th January, 2021 at 12:00 pm Nigeria Local time. Bidders can also submit pass worded soft copy in a flash drive. TCN-PMU will confirm the receipt of each bid. The read-only password protected bids will be opened on 28th January, 2021 at 1:00pm Nigeria Local time. Bidders are expected within one hour after the bid submission deadline to have sent the password of their password protected read-only bids to ciroma.joseph@tcn.org.ng as specified in the bidding documents.

 

  1. All Bids must be accompanied by Bid Securing Declaration.
  2. Attention is drawn to the Procurement Regulations requiring the Borrower to disclose information on the successful bidder’s beneficial ownership, as part of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as included in the bidding document.

 


 

Request for Bids

Works

 

 

 

 

 

 

Procurement of:

 

Refurbishment & Extension of two existing Control Centers at Benin & Ikeja West

_______________________________

RFB No: NTP-W2

Project: Nigeria Electricity Transmission Project (NETAP)

Employer: Transmission Company of Nigeria

Country: Nigeria

Issued on: 30th November, 2020

 


 

Standard Procurement Document

 

 

Table of Contents

PART 1 – Bidding Procedures. 3

Section I – Instructions to Bidders. 5

Section II – Bid Data Sheet (BDS) 33

Section III – Evaluation and Qualification Criteria. 39

Section IV – Bidding Forms. 57

Section V – Eligible Countries. 99

Section VI – Fraud and Corruption. 101

PART 2 – Works’ Requirements. 103

Section VII – Works’ Requirements. 105

PART 3 – Conditions of Contract and Contract Forms. 193

Section VIII – General Conditions of Contract 194

Section IX – Particular Conditions of Contract 241

Section X – Contract Forms. 245



 

 

 

 

PART 1 – Bidding Procedures

 


Section I – Instructions to Bidders

 

Contents

 

  1. General 7
  2. Scope of Bid. 7
  3. Source of Funds. 8
  4. Fraud and Corruption. 8
  5. Eligible Bidders. 8
  6. Eligible Materials, Equipment and Services. 11
  7. Contents of Bidding Document 11
  8. Sections of Bidding Document 11
  9. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting. 12
  10. Amendment of Bidding Document 13
  11. Preparation of Bids. 14
  12. Cost of Bidding. 14
  13. Language of Bid. 14
  14. Documents Comprising the Bid. 14
  15. Letter of Bid and Schedules. 15
  16. Alternative Bids. 15
  17. Bid Prices and Discounts. 15
  18. Currencies of Bid and Payment 16
  19. Documents Comprising the Technical Proposal 17
  20. Documents Establishing the Eligibility and Qualifications of the Bidder 17
  21. Period of Validity of Bids. 17
  22. Bid Security. 18
  23. Format and Signing of Bid. 20
  24. Submission and Opening of Bids. 20
  25. Sealing and Marking of Bids. 20
  26. Deadline for Submission of Bids. 21
  27. Late Bids. 21
  28. Withdrawal, Substitution, and Modification of Bids. 21
  29. Bid Opening. 22
  30. Evaluation and Comparison of Bids. 23
  31. Confidentiality. 23
  32. Clarification of Bids. 23
  33. Deviations, Reservations, and Omissions. 24
  34. Determination of Responsiveness. 24
  35. Nonmaterial Nonconformities. 25
  36. Correction of Arithmetical Errors. 25
  37. Conversion to Single Currency. 26
  38. Margin of Preference. 26
  39. Subcontractors. 26
  40. Evaluation of Bids. 26
  41. Comparison of Bids. 27
  42. Abnormally Low Bids. 27
  43. Unbalanced or Front Loaded Bids. 28
  44. Qualification of the Bidder 28
  45. Most Advantageous Bid. 29
  46. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids. 29
  47. Standstill Period. 29
  48. Notification of Intention to Award. 29
  49. Award of Contract 29
  50. Award Criteria. 29
  51. Notification of Award. 30
  52. Debriefing by the Employer 30
  53. Signing of Contract 31
  54. Performance Security. 31
  55. Adjudicator 32
  56. Procurement Related Complaint 32

 

Section I – Instructions to Bidders

   A. General

1.   Scope of Bid

 

1.1   In connection with the Specific Procurement Notice – Request for Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS, issues this bidding document for the provision of Works as specified in Section VII, Works’ Requirements. The name, identification and number of lots (contracts) of this RFB are specified in the BDS.

 

1.2   Throughout this bidding document:

(a)   the term “in writing” means communicated in written form (e.g. by mail, e-mail, and fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Employer) with proof of receipt;

(b)   if the context so requires, “singular” means “plural” and vice versa;

(c)   “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays;

(d)   “ES” means environmental and social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH));

(e)   “Sexual Exploitation and Abuse” “(SEA)” means the following:

“Sexual Exploitation” is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another;

“Sexual Abuse” is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions;  

(f)    “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, 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 (ii) of the General Conditions of Contract; and

(h)   “Employer’s personnel” is as defined in GCC Sub-Clause 1 (nn) of the General Conditions of Contract.

A non-exhaustive list of (i) behaviors which constitute SEA and (ii) behaviors 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 this bidding document is issued.

 

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


3.   Fraud and Corruption

3.1   The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI.

3.2   In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal 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, or a state-owned enterprise or institution, subject to ITB 4.6, or any combination of them 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 entire 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.  All Bidders found to have a conflict of interest shall be disqualified.  A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:

(a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or

(b) receives or has received any direct or indirect subsidy from another Bidder; or

(c) has the same legal representative as another Bidder; or

(d) has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or

(e) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the Bid; or

(f)   or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager for the Contract implementation;

(g) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm;

(h) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the contract, and/or the Bid evaluation process of such contract; or (ii) would be involved in the 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 firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids. This includes participation as a Subcontractor in other Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved. A firm that is not a Bidder or a JV member may participate as a subcontractor in more than one Bid.

 

4.4   A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be.  This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including related Services.

 

4.5   A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.

 

4.6   Bidders that are state-owned enterprises or institutions in the Employer’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Employer.

 

4.7   A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid–Securing or Proposal-Securing Declaration.

 

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

4.9   A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.

4.10   A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment;

(a) relates to fraud or corruption, and

(b) followed a judicial or administrative proceeding that afforded the firm adequate due process.

5.   Eligible Materials, Equipment and Services

5.1   The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country subject to the restrictions specified in Section 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 Document

6.   Sections of Bidding Document

6.1   The bidding document consists 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 – Fraud and Corruption

PART 2 Works’ Requirements

· Section VII – Works’ Requirements

PART 3 Conditions of Contract and Contract Forms

· Section VIII – General Conditions of Contract (GCC)

· Section IX – Particular Conditions of Contract (PCC)

· Section X – Contract Forms

 

6.2   The Specific Procurement Notice – Request for Bids (RFB) issued by the Employer is not part of this bidding document.

 

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

 

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

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

7.1   A Bidder requiring any clarification of the bidding document shall contact the Employer in writing at the Employer’s address specified in the BDS or raise its inquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Employer shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Employer shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the bidding document, the Employer shall amend the bidding document following the procedure under ITB 8 and ITB 22.2.

 

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

 

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

 

7.4   If so specified in the BDS, the Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a Site of Works visit. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

 

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

 

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

8.   Amendment of Bidding Document

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

 

8.2   Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Employer in accordance with ITB 6. The Employer shall also promptly publish the addendum on the Employer’s web page in accordance with ITB 7.1.

 

8.3   To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer may, at its discretion, 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 in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

10.  Language of Bid

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

11.  Documents Comprising the Bid

11.1   The Bid shall comprise the following:

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

(b) Bill of Quantities or Activity Schedule: completed in accordance with ITB 12 and ITB 14, as specified in the BDS;

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

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

(e) Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3;

(f) Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to Bid;

(g) Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the contract if its Bid is accepted;

(h) Conformity: a technical proposal in accordance with ITB 16;

(i)   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.

12.  Letter of Bid and Schedules

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

13.  Alternative Bids

13.1   Unless otherwise specified in the BDS, alternative Bids shall not be considered.

 

13.2   When alternative times for completion are explicitly invited, a statement to that effect will be included in the BDS and the method of evaluating different alternative times for completion will be described in Section III, Evaluation and Qualification Criteria.

 

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

 

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

14.  Bid Prices and Discounts

14.1   The prices and discounts quoted by the Bidder in the Letter of Bid and in the Activity Schedule or Bill of Quantities shall conform to the requirements specified below.

 

14.2    The Bidder shall submit a Bid for the whole of the Works described in ITB 1.1 by filling in prices for all items of the Works, as identified in Section IV. Bidding Forms. In case of admeasurement contracts, 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 will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.

 

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 indicate 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 Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the 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, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section IV- Bidding Forms 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 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[1] and the total Bid price submitted by the Bidder.

15.  Currencies of Bid and Payment

15.1   The currency(ies) of the Bid and the currency(ies) of payments shall be the same and 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 are reasonable[2], in which case a detailed breakdown of the foreign currency requirements shall be provided by Bidders.

16.  Documents Comprising the Technical Proposal

16.1   The Bidder shall furnish a technical proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in Section IV, Bidding Forms, in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work’s requirements and the completion time.

17.  Documents Establishing the Eligibility and Qualifications of the Bidder

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

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

 

17.3   If a margin of preference applies as specified in accordance with ITB 33.1, domestic Bidders, individually or in joint ventures, applying for eligibility for domestic preference shall supply all information required to satisfy the criteria for eligibility specified in accordance with ITB 33.1.

18.  Period of Validity of Bids

18.1   Bids shall remain valid until the date specified in the BDS or 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;

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

(b) 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 non-bank 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 an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country, the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable, unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required.  In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date 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 48.

 

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

 

19.7   The Bid Security 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 extension thereto provided by the Bidder; or

(b) if the successful Bidder fails to:

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

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

 

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 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 mentioned 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:

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

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

the Borrower may, if provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Employer for a period of time stated in the BDS.

20.  Format and Signing of Bid

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

 

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

 

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

 

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

20.5   Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

D. Submission and Opening of Bids

21.  Sealing and Marking of Bids

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

(a) in an envelope marked “Original”, all documents comprising the Bid, as described in ITB 11; and

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

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

(i) in an envelope marked “Original – Alternative Bid”, the alternative Bid; and

(ii) in the enveloped marked “Copies – Alternative Bid” all required copies of the alternative Bid.

 

21.2   The inner and outer envelopes shall:

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

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

(c) bear the specific identification of this Bidding process specified in accordance with BDS 1.1; and

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

 

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

22.  Deadline for Submission of Bids

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

 

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

23.  Late Bids

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

24.  Withdrawal, Substitution, and Modification of Bids

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

(a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal 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 date of expiry of the Bid validity specified by the Bidder on the Letter of Bid or any extended date thereof. 

25.  Bid Opening

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

 

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

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

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

 

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

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

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

 

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

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

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

(c) the presence or absence of a Bid Security or Bid-Securing Declaration, if one was required; and

(d) any alternative Bids.

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

   E. Evaluation and Comparison of Bids

26.  Confidentiality

26.1   Information relating to the evaluation of Bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until information on Intention to Award the Contract is transmitted to all Bidders in accordance with ITB 43.

 

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

 

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

27.  Clarification of Bids

 

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

 

27.2   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, Reservations, and Omissions

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

(a) “Deviation” is a departure from the requirements specified in the bidding document;

(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and

(c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.

29.  Determination of Responsiveness

29.1   The Employer’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, as defined in ITB 11.

 

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

(a) if accepted, would:

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

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

(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, in particular, to confirm that all requirements of Section VII, 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 document, 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 Nonconformities

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

 

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

 

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

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

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

(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and

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

 

31.2   Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 31.1, shall result in the rejection of the Bid.

32.  Conversion to Single Currency

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

33.  Margin of Preference

33.1   Unless otherwise specified in the BDS, a margin of preference for domestic Bidders[3] 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 subcontractors selected in advance by the Employer, Financial Parts

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

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

35.  Evaluation of Bids

35.1   The Employer shall use the criteria and methodologies listed in this ITB and Section III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and methodologies the Employer shall determine the Most Advantageous Bid. This is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be:

(a) substantially responsive to the bidding document; and

(b) the lowest evaluated cost.

 

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[4] for admeasurement contracts, but including Daywork[5] 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 for nonconformities in accordance with ITB 30.3; and

(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 this bidding document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated cost of the contract combinations, including any discounts offered in the Letter of Bid, is specified in Section III, Evaluation and Qualification Criteria.

36.  Comparison of Bids

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

37.  Abnormally Low Bids

37.1    An Abnormally Low Bid is one where the Bid price, in combination with other constituent elements of the Bid, appears unreasonably low to the extent that the Bid price raises material concerns as to the capability of the Bidder to perform the Contract for the offered Bid price.

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

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

38.  Unbalanced or Front Loaded Bids

38.1   If the Bid for an admeasurement contract, which results in the lowest evaluated cost is, in the Employer’s opinion, seriously unbalanced or, front loaded, the Employer may require the Bidder to provide written clarifications. Clarifications may include detailed price analyses to demonstrate the consistency of the Bid priceas with the scope of works, proposed methodology, schedule and any other requirements of the bidding document.

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

(a) accept the Bid; or  

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

(c) reject the Bid.

39.  Qualification of the Bidder

39.1   The Employer shall determine to its satisfaction whether the eligible Bidder that is selected as having submitted the lowest evaluated cost and substantially responsive Bid meets the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.

 

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

 

39.3   An affirmative determination of qualification 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 substantially responsive Bid which offers the next lowest evaluated cost to make a similar determination of that Bidder’s qualifications to perform satisfactorily.

40.  Most Advantageous Bid

40.1   Having compared the evaluated costs of Bids, the Employer shall determine the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be:

(a) substantially responsive to the bidding document; and

(b) the lowest evaluated cost.

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

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

42.  Standstill Period

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

43.  Notification of Intention to Award

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

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

(b) the Contract price of the successful Bid;

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

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

(e) the expiry date of the Standstill Period;

(f) instructions on how to request a debriefing and/or submit a complaint during the standstill period.

F. Award of Contract

44.  Award Criteria

44.1   Subject to ITB 41, the Employer shall award the Contract to the successful Bidder. This is the Bidder whose Bid has been determined to be the Most Advantageous Bid as specified in ITB 40.

45.  Notification of Award

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

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

(a) name and address of the Employer;

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

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

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

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

(f) successful Bidder’s Beneficial Ownership Disclosure Form, if specified in BDS ITB 47.1.

 

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

 

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

46.  Debriefing by the Employer

46.1   On receipt of the Employer’s Notification of Intention to Award referred to in ITB 43.1, an unsuccessful Bidder has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline.

 

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

 

46.3   Where a request for debriefing is received by the Employer later than the three (3)-Business Day deadline, the Employer should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3)-day deadline shall not lead to extension of the standstill period. 

 

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

47.  Signing of Contract

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

 

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

48.  Performance Security

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

 

48.2   Failure of the successful Bidder to submit the above-mentioned Performance Security and, if required in the BDS, the Environmental and Social (ES) Performance Security, or to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event the Employer may award the Contract to the Bidder offering the next Most Advantageous Bid.

49.  Adjudicator

49.1   The Employer proposes the person named in the BDS to be appointed as Adjudicator under the Contract, at the hourly fee specified in the BDS, plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should so state in his Bid. If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the Particular Conditions of Contract (PCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator.

50.  Procurement Related Complaint

50.1   The procedures for making a Procurement-related Complaint are as specified in the BDS.

 

 


 

Section II – Bid Data Sheet (BDS)

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

 

ITB Reference

A.  General

ITB 1.1

The number of the Invitation for Bids is: NTP-W2

The Employer is: Transmission Company of Nigeria

The reference number of the Request for Bids (RFB) is: NTP-W2   

The name of the RFB is: Refurbishment & Extension of two existing control centers at Benin and Ikeja West

The number and identification of lots (contracts) comprising this RFB is: Two (2) Lots

Lot 1

· Refurbishment and Extension of existing Benin Control Center at Ogbeide Street, Benin City, Edo State

Lot 2

· Refurbishment and Extension of existing Ikeja West Control Center at Ipaja-Ayobo road, Lagos State

ITB 1.2(a)

Not Applicable

ITB 2.1

The Borrower is: Federal Government of Nigeria

Loan or Financing Agreement amount: US$486million

The name of the Project is: Nigeria Electricity Transmission Project (NETAP)

ITB 4.1

Maximum number of members in the Joint Venture (JV) shall be: Two (2)

ITB 4.5

A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.

B.  Contents of Bidding Document

ITB 7.1

For Clarification of Bid purposes only, the Purchaser’s address is:

Transmission Company of Nigeria – Project Management Unit (TCN-PMU)

Attention: Engr. T. M. Bamalli -Project Manager (World Bank Projects)

No. 10, Kunene Close, Off Bobo Street,

Off Gana Street, Maitama District,

Abuja 900271,

NIGERIA

Tel: +234-808 028 8802, +234 808 028 8803

E-mail: tcnpmu@tcnpmu.ng  & bamalli.tukur@tcn.org.ng  

Website: www.tcnpmu.ng

ITB 7.1

Requests for clarification should be received by the Employer no later than: 8th January, 2021

ITB 7.1

Web page: www.tcnpmu.ng

ITB 7.4

A virtual pre-bid meeting shall be conducted through Zoom platform. Bidders that plan to attend the virtual pre-bid meeting should request by email the connection details at least one week before the date of the pre-bid meeting.

A Pre-Bid meeting will take place, it will be at the following date, time and place:

Date: 12th January, 2021

Time: 10:00am Nigeria local time

A site visit conducted by the Employer shall not be organized. However, bidders may wish to visit the sites at no cost to the employer with an introduction letter on request.

C.  Preparation of Bids

ITB 10.1

The language of the Bid is: English.

All correspondence exchange shall be in _English language.

Language for translation of supporting documents and printed literature is English language.

ITB 11.1 (b)

The following schedules shall be submitted with the Bid:

· The priced Bill of Quantities both in PDF and Excel Format

 

ITB 11.1 (i)

The Bidder shall submit the following additional documents in its Bid:

(a)   documents defining the constitution  or legal status, place of registration, and principal place of business;

(b)   Information regarding any litigation, current or during the last five years; and information regarding any in which the bidder is involved, the parties concerned, and disputed amount.

(c)   List and Curriculum Vitae of key personnel.

Code of Conduct for Contractor’s Personnel (ES)

The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel (as defined in Sub- Clause 1 (ii) of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental and Social (ES) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section IV.  No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks. 

Management Strategies and Implementation Plans (MSIP) to manage the (ES) risks

The Bidder shall submit Management Strategies and Implementation Plans (MSIPs) to manage the following key Environmental and Social (ES) risks:

· Sexual Exploitation, and Abuse (SEA) prevention and response action plan];

· Traffic Management Plan to ensure safety of local communities from construction traffic

· Any other plan

ITB 13.1

Alternative Bids shall not be considered.

 

ITB 13.2

Alternative times for completion shall not be permitted.

 

ITB 13.4

Alternative technical solutions shall be permitted for the following parts of the Works: Not Applicable.

ITB 14.5

The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract. 

ITB 15.1

The price shall be quoted by the Bidder in: Nigerian local currency

A Bidder expecting to incur expenditures in other currencies for inputs to the Works supplied from outside the Employer’s Country (referred to as the “foreign currency requirements”) and wishing to be paid accordingly, shall indicate up to three foreign currencies of their choice expressed as a percentage of the Bid price, together with the exchange rates used in the calculations in the appropriate form(s) included in Section IV, Bidding Forms.

ITB 18.1

The Bid shall be valid until: 90 days

ITB 18.3 (a)

The Bid price shall be adjusted by the following factor(s): Not Applicable

ITB 19.1

 

A Bid-Securing Declaration shall be required.

 

The Bid-Securing Declaration must be valid for five (5) years

Copy of Bid Securing Declaration submitted with the bid through email will be treated as if they are original during the COVID-19 emergency

ITB 19.3 (d)

Other types of acceptable securities: None

ITB 19.9

If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or (b) of this provision, the Borrower will declare the Bidder ineligible to be awarded contracts by the Employer for a period of five (5) years.

ITB 20.1

Bids submitted (including bid form, bid securing declaration and power of attorney, price schedule tables, etc.) through email will be treated as if they are originals during COVID-19 emergency.

 

In addition, bidders who wish to submit one original of their Bid may do so and one other copy

ITB 20.3

The written confirmation of authorization to sign on behalf of the Bidder shall consist of: Power of Attorney

Copy of Power of Attorney submitted with the bid through email will be treated as if they are originals during the COVID-19 emergency.

D. Submission and Opening of Bids

ITB 22.1

 

For Bid submission purposes only, the Employer’s address is:

Bids can be submitted by email with password protected read-only documents as attachments. The email address for the bid submission purposes is ciroma.joseph@tcn.org.ng. TCN PMU will confirm the receipt of each bid.

 

In addition, Bidder MUST submit the Bill of Quantities in excel and PDF formats to ease evaluation purposes. Where there is discrepancy, the scanned PDF prevails.

 

ITB 25.1

The password protected read-only submitted bid shall be opened at the specified date and time

Date: 28th January, 2021

Time: 1.00 pm Nigeria Local time

ITB 25.1

The procedure for electronic bid opening as follows:

Within one hour after the bid submission deadline bidders must send the password of their password protected read-only bids to the email address specified ITB 23.1 in the bidding documents.

 

Any bidder that refuses to send the password required to open their password protected read-only bids within the stipulated time of one hour shall be treated as late submission and such bids shall not be opened.

ITB 25.6

The Letter of Bid and Price Schedules shall be initialed by three 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 and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: Nigerian local currency

The source of exchange rate shall be: Financial Times of London (available at www.ft.com)

The date for the exchange rate shall be: submission deadline or any extension thereof

 

ITB 33.1

A margin of domestic preference shall not apply.

 

ITB 34.1

At this time the Employer __Not Applicable to execute certain specific parts of the Works by subcontractors selected in advance.

ITB 34.2

Not applicable

 

ITB 34.3

Contractor’s proposed subcontracting: Maximum percentage of subcontracting permitted is: ten percent (10%) of the total contract amount

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

 

F. Award of Contract

ITB 47.1

The successful Bidder shall submit the Beneficial Ownership Disclosure Form.

ITB 48.1 and 48.2

Not Applicable

ITB 49

The Adjudicator proposed by the Employer is: __Later.  The hourly fee for this proposed Adjudicator shall be: _Later.  The biographical data of the proposed Adjudicator shall be provided later with relevant information, such as education, experience, age, nationality, and present position.

 

ITB 50.1

The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Bidder wishes to make a Procurement-related Complaint, the Bidder shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to:

For the attention: Engr. T. M. Bamalli.

Title/position: Project Manager (World Bank funded Projects)

Employer : Transmission Company of Nigeria

Email address: tcnpmu@tcnpmu.ng & bamalli.tukur@tcn.org,ng

In summary, a Procurement-related Complaint may challenge any of the following:

1.   the terms of the Bidding Documents; and

2.   the Employer’s decision to award the contract.

 

 


Section III – Evaluation and Qualification Criteria

 

 

Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:

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

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

 

 

Table of Criteria

 

  1. Margin of Preference. 41
  2. Evaluation. 41
  3. Qualification. 45
  4. Key Personnel 54
  5. Equipment 56

 

 

 

 

  1. Margin of Preference

 

Not Applicable

 

The Employer shall use the criteria and methodologies listed in this Section to evaluate Bids. By applying these criteria and methodologies, the Employer shall determine the Most Advantageous Bid. This is the Bid that has been determined to be:

(a) substantially responsive to the bidding document, and

(b) the lowest evaluated cost.

 

2.0  Evaluation

In addition to the criteria listed in ITB 35.2 (a) – (e) the following criteria shall apply:

2.1 Adequacy of Technical Proposal

 

Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section VII, Works’ Requirements.

2.2 Multiple Contracts

 

Pursuant to ITB 35.4 of the Instructions to Bidders, if Works are grouped in multiple contracts, evaluation will be as follows:

  • Award Criteria for Multiple Contracts [ITB 35.4]:

Lots

Bidders have the option to Bid for any one or more lots. Bids will be evaluated lot-wise, taking into account discounts offered, if any, after considering all possible combination of lots. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined lots, subject to the selected Bidder(s) meeting the required qualification criteria for lot or combination of lots as the case may be.

Packages

Bidders have the option to Bid for any one or more packages and for any one or more lots within a package. Bids will be evaluated package-wise, taking into account discounts offered, if any, for combined packages and/or lots within a package. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined packages, subject to the selected Bidder(s) meeting the required qualification criteria for combination of packages and or lots as the case may be.

  • Qualification Criteria for Multiple Contracts:

Section III describes criteria for qualification for each lot (contract) for multiple lots (contracts). The criteria for qualification is aggregate minimum requirement for respective lots as specified under items 3.1, 3.2, 4.2(a) and 4.2(b). However, with respect to the specific experience under item 4.2 (a) of Section III, the Employer will select any one or more of the options as identified below:

N is the minimum number of contracts

V is the minimum value of a single contract

(a)   For one Contract:

Option 1:

(i) N contracts, each of minimum value V;

Or

Option 2:

(i) N contracts, each of minimum value V; or

(ii) Less than or equal to N contracts, each of minimum value V, but with total value of all contracts equal or more than N x V.

(b)   For multiple Contracts

Option 1:

(i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the Bidder has submitted Bids as follows, and N1, N2, N3, etc. shall be different contracts:

Lot 1:  N1 contracts, each of minimum value V1;

Lot 2:  N2 contracts, each of minimum value V2;

Lot 3:  N3 contracts, each of minimum value V3;

—-etc.

or

Option 2:

(i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the Bidder has submitted Bids as follows, and N1, N2,N3, etc. shall be different contracts:

Lot 1:  N1 contracts, each of minimum value V1;

Lot 2:  N2 contracts, each of minimum value V2;

Lot 3:  N3 contracts, each of minimum value V3;

—-etc., or

(ii) Lot 1:  N1 contracts, each of minimum value V1; or number of contracts less than or equal to N1, each of minimum value V1, but with total value of all contracts equal or more than N1 x V1.

Lot 2:  N2 contracts, each of minimum value V2; or number of contracts less than or equal to N2, each of minimum value V2, but with total value of all contracts equal or more than N2 x V2.

Lot 3:  N3 contracts, each of minimum value V3; or number of contracts less than or equal to N3, each of minimum value V3, but with total value of all contracts equal or more than N3 x V3.

—-etc.

Or

Option 3:

(i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the Bidder has bid for as follows, and N1, N2, N3, etc. shall be different contracts:

Lot 1:  N1 contracts, each of minimum value V1;

Lot 2:  N2 contracts, each of minimum value V2;

Lot 3:  N3 contracts, each of minimum value V3;

—-etc., or

(ii) Lot 1:  N1 contracts, each of minimum value V1; or number of contracts less than or equal to N1, each of minimum value V1, but with total value of all contracts equal or more than N1 x V1.

Lot 2:  N2 contracts, each of minimum value V2; or number of contracts less than or equal to N2, each of minimum value V2, but with total value of all contracts equal or more than N2 x V2.

Lot 3:  N3 contracts, each of minimum value V3; or number of contracts less than or equal to N3, each of minimum value V3, but with total value of all contracts equal or more than N3 x V3.

—-etc., or

(iii) Subject to compliance as per (ii) above with respect to minimum value of single contract for each lot, total number of contracts is equal or less than N1 + N2 + N3 +–but the total value of all such contracts is equal or more than N1 x V1 + N2 x V2 + N3 x V3 +—.

 

2.3    Alternative Completion Times

Not Applicable

 

 

2.4    Sustainable procurement

Not Applicable

 

2.5    Alternative Technical Solutions for specified parts of Works

Not Applicable

 

 

2.6 Specialized Subcontractors

 

If permitted under ITB 34, only the specific experience of Subcontractors for specialized works permitted by the Employer will be considered. The general experience and financial resources of the Specialized Subcontractors shall not be added to those of the Bidder for purposes of qualification of the Bidder.

Not Applicable

 


  1. Qualification

Eligibility and Qualification Criteria

Compliance Requirements

Documentation

No.

Subject

Requirement

Single Entity

Joint Venture (existing or intended)

Submission Requirements

All members Combined

Each Member

At least one Member

1. Eligibility

1.1

Nationality

Nationality in accordance with ITB  4.4

Must meet requirement

Must meet requirement

Must meet requirement

N/A

Forms ELI – 1.1 and 1.2, with attachments

1.2

Conflict of Interest

No conflicts of interest in accordance with ITB  4.2

Must meet requirement

Must meet requirement

Must meet requirement

N/A

 

Letter of Bid

1.3

Bank Eligibility

Not having been declared ineligible by the Bank, as described in ITB 4.5.

Must meet requirement

Must meet requirement

Must meet requirement

N/A

 

Letter of Bid

1.4

State-owned enterprise or institution of the Borrower country

Meets conditions of ITB  4.6

Must meet requirement

Must meet requirement

Must meet requirement

N/A

 

Forms ELI – 1.1 and 1.2, with attachments

1.5

United Nations resolution or Borrower’s country law

Not having been excluded as a result of prohibition in the 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 4.8 and Section V.

Must meet requirement

Must meet requirement

Must meet requirement

N/A

 

Forms ELI – 1.1 and 1.2, with attachments

2. Historical Contract Non-Performance

2.1

History of Non-Performing Contracts

Non-performance of a contract[6] did not occur as a result of contractor default since 1st January  2015

Must meet requirement1 & 2 

Must meet requirements

Must meet requirement[7]

N/A

Form CON-2

2.2

Suspension  Based on Execution of Bid /Proposal Securing Declaration by the Employer

Not under suspension based on execution of a Bid/Proposal Securing Declaration pursuant to ITB 4.7 and ITB 19.9.

Must meet requirement

Must meet requirement

Must meet requirement

N/A

Letter of Bid

2.3

Pending Litigation

Bidder’s financial position and prospective long term profitability sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder

Must meet requirement

N/A

Must meet requirement

N/A

Form CON – 2

 

2.4

Litigation History

No consistent history of court/arbitral award decisions against the Bidder[8] since 1st January 2015

Must meet requirement

Must meet requirement

Must meet requirement

N/A

Form CON – 2

2.5

Declaration: Environmental and Social (ES) past performance

Declare any civil work contracts that have been suspended or terminated and/or performance security called by an employer for breach of environmental or social (including Sexual Exploitation and Abuse) contractual obligations in the past five years.[9]

Must make the declaration. Where there are Specialized Sub-contractor/s, the Specialized Sub-contractor/s must also make the declaration.

N/A

Each must make the declaration. Where there are Specialized Sub-contractor/s, the Specialized Sub-contractor/s must also make the declaration.

N/A

Form CON-3 ES Performance Declaration

3. Financial Situation and Performance

3.1

Financial Capabilities

(i) The Bidder shall demonstrate that it has 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 US$520,000 for each LOT for the subject contract(s) net of the Bidder’s other commitments

 

Must meet requirement

 

 

 

 

 

 

Must meet Requirement

 

 

N/A

 

 

 

 

N/A

 

 

 

Form FIN – 3.1, with attachments

 

 

(ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

Must meet requirement

Must meet requirement

N/A

N/A

 

 

 

(iii) The audited balance sheets or, if not required by the laws of the Bidder’s country, other financial statements acceptable to the Employer, for the last 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.

Must meet requirement

N/A

Must meet requirement

N/A

 

3.2

Average Annual Construction Turnover

Minimum average annual construction turnover of US$3,110,000 for each LOT, calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years, divided by  three years

Must meet requirement

Must meet requirement

Must meet 40% of the requirement

Must meet 60% of the requirement

Form FIN – 3.2

 

4. Experience

4.1 (a)

General Construction Experience

Experience under construction contracts in the role of prime contractor, JV member, subcontractor, or management contractor for at least the last ten (10)years, starting 1st January 2010

 

Must meet requirement

N/A

Must meet requirement

N/A

Form EXP – 4.1

 

4.2 (a)

Specific Construction & Contract Management Experience

(i) A minimum number of two (2) similar contracts specified below that have been satisfactorily and substantially[10] completed as a prime contractor, joint venture member[11], management contractor or sub-contractor6 between 1st January 2010 and bid submission deadline:

(i) N contracts, each of minimum value V;

 

The similarity of the contracts shall be based on the following: [Based on Section VII, Scope of Works, specify the minimum key requirements in terms of physical size, complexity, construction method, technology and/or other characteristics including part of the requirements that may be met by specialized subcontractors, if permitted in accordance with ITB 34.3]

Must meet requirement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Must meet requirement[12]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

Form EXP 4.2(a)

 

 

 

 

 

 

4.2 (b)

 

For the above and any other contracts [substantially completed and under implementation] as prime contractor, joint venture member, or sub-contractor between 1st January 2010 and Application submission deadline, a minimum construction experience in the following key activities successfully completed[13]:

Must meet requirements

 

Must meet requirements

N/A

N/A

Form EXP – 4.2 (b)

4.2 (c)

 

For contracts [substantially completed and under implementation] as prime contractor, joint venture member, or Subcontractor between 1st January 2015 and Application submission deadline, experience in managing ES risks and impacts in the following aspects: [Based on the ES assessment, specify, as appropriate, specific experience requirements to manage ES aspects.]

Must meet requirements

 

Must meet requirements

 

N/A

 

N/A

 

Form EXP – 4.2 (c)

 

Note: [For Multiple lots (contracts) specify financial and experience criteria for each lot under 3.1, 3.2, 4.2(a) and 4.2(b)]

 

 


 

  1. Key Personnel

The Bidder must demonstrate that it will have suitably qualified (and in adequate numbers) Key Personnel, as described in the Specifications.

The Bidder shall provide details of the Key Personnel and such other Key Personnel that the Bidder considers appropriate to perform the Contract, together with their academic qualifications and work experience. The Bidder shall complete the relevant Forms in Section IV, Bidding Forms.

 

LOT 1

 

No.

Position

Total Work Experience (years)

Experience in Similar Works

(years)

1

Contractor’s Representative

Relevant experience in the construction/civil works of at least 15 years

10 years specific experience in two similar projects

2

Electrical Engineer (Design & Construction)

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

3

Procurement Officer

Relevant experience in the construction/civil works materials of at least 10 years

7 years specific experience in two similar projects

4

Mechanical Engineer

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

5

Structural/Civil

 Engineer

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

6

Quantity Surveyor

Relevant experience in  environmental issues of at least 10 years

7 years specific experience in two similar projects

7

Environment Specialist

Relevant experience in  environmental issues of at least 10 years

5 years specific experience in environmental issues  in two projects

8

Health & Safety Specialist

Relevant experience in Health and Safety issues of at least 10 years

5 years specific experience in  Health & Safety issues in two projects

9

Social Specialist

Relevant experience in social, community and tribal issues of at least 10 years

5 years specific experience in social issues in two similar projects

 

 

 

 

LOT 2

 

No.

Position

Total Work Experience (years)

Experience in Similar Works

(years)

1

Contractor’s Representative

Relevant experience in the construction/civil works of at least 15 years

10 years specific experience in two similar projects

2

Electrical Engineer (Design & Construction)

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

3

Procurement Officer

Relevant experience in the construction/civil works materials of at least 10 years

7 years specific experience in two similar projects

4

Mechanical Engineer

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

5

Structural/Civil

 Engineer

Relevant experience in the construction/civil works of at least 10 years

7 years specific experience in two similar projects

6

Quantity Surveyor

Relevant experience in  environmental issues of at least 10 years

7 years specific experience in two similar projects

7

Environment Specialist

Relevant experience in  environmental issues of at least 10 years

5 years specific experience in environmental issues  in two projects

8

Health & Safety Specialist

Relevant experience in Health and Safety issues of at least 10 years

5 years specific experience in  Health & Safety issues in two projects

9

Social Specialist

Relevant experience in social, community and tribal issues of at least 10 years

5 years specific experience in social issues in two similar projects

 

 

 

 

 

 

 

 

  1. Equipment

The Bidder must demonstrate that it will have access to the key Contractor’s equipment listed hereafter:

LOT 1

No.

Equipment Type and Characteristics

Minimum Number required

1

Excavator (6-10 metric tons)

1No

2

Crane/Hiab (250kg Capacity)

1No

3

Concrete mixture truck (10-14m3/h)

1No

4

Compactor Wheel Loader (36m3)

2No

5

Hauler Articulated (40tons)

2No

6

Forklifts (36000ibs)

2No

 

 

LOT 2

No.

Equipment Type and Characteristics

Minimum Number required

1

Excavator (6-10 metric tons)

1No

2

Crane/Hiab (250kg Capacity)

1No

3

Concrete mixture truck (10-14m3/h)

1No

4

Compactor Wheel Loader (36m3)

2No

5

Hauler Articulated (40tons)

2No

6

Forklifts (36000ibs)

2No

 

The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV.

 

 


Section IV – Bidding Forms

Table of Forms

Letter of Bid. 59

Schedules. 62

Bill of Quantities. 62

Form of Bid-Securing Declaration. 63

Technical Proposal 65

Technical Proposal Forms. 65

Equipment 70

Site Organization. 71

Method Statement 72

Mobilization Schedule. 73

Construction Schedule. 74

ES Management Strategies and Implementation Plans. 75

Code of Conduct for Contractor’s Personnel (ES) Form.. 76

Others. 80

Bidder’s Qualification. 81

Form ELI -1.1: Bidder Information Form.. 82

Form ELI -1.2: Information Form for JV Bidders. 83

Form CON – 2: Historical Contract Non-Performance, Pending Litigation and Litigation History  84

Form CON – 3. 87

Environmental and Social Performance Declaration. 87

Form CCC: Current Contract Commitments / Works in Progress. 89

Form FIN – 3.1: Financial Situation and Performance. 90

Form FIN – 3.2: Average Annual Construction Turnover 92

Form FIN – 3.3: Financial Resources. 93

Form EXP – 4.1: General Construction Experience. 94

Form EXP – 4.2(a): Specific Construction and Contract Management Experience. 95

Form EXP – 4.2(b): Construction Experience in Key Activities. 97

Form EXP – 4.2(c): Specific Experience in Managing ES aspects. 99

 

Letter of Bid

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT

 

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

 

Note: All italicized text is to help Bidders in preparing this form.

 

 

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]

RFB No.: [insert number of RFB process]

Alternative No.: [insert identification No. if this is a Bid for an alternative]

 

To: [insert complete name of Employer]

 

  • No reservations: We have examined and have no reservations to the bidding document, including Addenda issued in accordance with ITB 8;
  • Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4;
  • Bid-Securing Declaration: We have not been suspended nor declared ineligible by the Employer based on execution of a Bid-Securing Declaration or Proposal-Securing Declaration in the Employer’s Country in accordance with ITB 4.7;
  • Conformity: We offer to execute in conformity with the bidding document the following Works: [insert a brief description of the Works]__________________________________
  • Bid Price: The total price of our Bid, excluding any discounts offered in item (f) below is: [Insert one of the options below as appropriate]

[Option 1, in case of one lot:]  Total price is: [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];

Or

[Option 2, in case of multiple lots:] (a) Total price of each lot [insert the total price of each lot in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the various amounts and the respective currencies];

  • Discounts: The discounts offered and the methodology for their application are:

(i) The discounts offered are: [Specify in detail each discount offered.]

(ii) The exact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts];

  • Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB 18.1], and it shall remain binding upon us and may be accepted at any time on or before this date;
  • Performance Security: If our Bid is accepted, we commit to obtain a performance security [and an Environmental and Social (ES) Performance Security, Delete if not applicable] in accordance with the bidding document;
  • One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder or as a subcontractor, and we are not participating in any other Bid(s) as a Joint Venture member, and meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with ITB 13;
  • Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Employer’s Country laws or official regulations or pursuant to a decision of the United Nations Security Council;
  • State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the requirements of ITB 4.6];
  • Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity]

 

Name of Recipient

Address

Reason

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

  • Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;
  • Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may receive; and
  • Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf engages in any type of Fraud and Corruption; and
  • Adjudicator: We accept the appointment of [insert name proposed in Bid Data Sheet] as the Adjudicator.

 

[or]

 

We do not accept the appointment of [insert name proposed in Bid Data Sheet] as the Adjudicator, and propose instead that [insert name] be appointed as Adjudicator, whose daily fees and biographical data are attached.

 

Name of the Bidder: *[insert complete name of the Bidder]

 

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

 

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

 

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

 

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

 

*: In the case of the Bid submitted by 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

 

 

 

 

 

Schedules

Bill of Quantities

 

 

 

LOT 1

AS CONTAINED IN ANNEX 1 FOR BENIN

 

 

 

LOT 2

AS CONTAINED IN ANNEX 2 FOR IKEJA WEST

 

Form of Bid-Securing Declaration

 

Date: [insert date (as day, month and year)]

RFB No.: [insert number of Bidding process]

Alternative No.: [insert identification No if this is a Bid for an alternative]

 

 

To: [insert complete name of Employer]

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding or submitting proposals in any contract with the Employer for the period of time of [insert number of months or years] starting on [insert date], if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid prior to the expiry date of the Bid validity specified in the Letter of Bid or any extended date provided by us; or

(b) having been notified of the acceptance of our Bid by the Employer prior to the expiry date of the Bid validity in the Letter of Bid or any extended date provided by us, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security and, if required, the Environmental and Social (ES)  Performance Security, in accordance with the ITB.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiry date of the Bid validity.

Name of the Bidder* [insert complete name the Bidder]

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

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

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

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

*: In the case of the Bid submitted by 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 [Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint Venture that submits the Bid.]

Technical Proposal

Technical Proposal Forms

 

  • Key Personnel Schedule

 

  • Equipment

 

  • Site Organization

 

  • Method Statement

 

  • Mobilization Schedule

 

  • Construction Schedule

 

  • ES Management Strategies and Implementation Plans

 

  • Code of Conduct (ES)

 

  • Others

 

 

 

Form PER -1

 

Key Personnel

Schedule

 

 

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

 

Key Personnel

1.

Title of position:

 

Name of candidate:

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

2.

Title of position: [Environmental Specialist]

 

Name of candidate:

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

3.

Title of position: [Health and Safety Specialist]

 

Name of candidate:

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

4.

Title of position: [Social Specialist]

 

Name of candidate: 

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

5.

Title of position:  Sexual Exploitation, Abuse and Harassment Expert

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

 

Name of candidate

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

6.

Title of position: [insert title]

 

Name of candidate

 

Duration of appointment:

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

 

Time commitment: for this position:

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

 

Expected time schedule for this position:

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

 

 

Form PER-2:

Resume and Declaration

 Key Personnel 

 

Name of Bidder

 

 

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

 

Personnel information

Name:

 

Date of birth:

 

Address:

 

E-mail:

 

 

 

 

Professional qualifications:

 

 

Academic qualifications:

 

 

Language proficiency:[language and levels of speaking, reading and writing skills]

 

details

 

 

Address of employer:

 

 

Telephone:

 

Contact (manager / personnel officer):

 

Fax:

 

 

 

Job title:

 

Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.

Project

Role

Duration of involvement

Relevant experience

[main project details]

[role and responsibilities on the project]

[time in role]

[describe the experience relevant to this position]

 

 

 

 

 

 

 

 

 

Declaration

 

I, the undersigned Key Personnel, 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 contract:

[insert period (start and end dates) for which this Key Personnel is available to work on this contract]

Time commitment:

[insert the number of days/week/months/ that this Key Personnel will be engaged]

 

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

  • be taken into consideration during Bid evaluation;
  • my disqualification from participating in the Bid;
  • my dismissal from the contract.

 

Name of Key Personnel: [insert name]   

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

 

Countersignature of authorized representative of the Bidder:

Signature: ________________________________________________________

Date: (day month year): __________________________________

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. The Bidder shall provide all the information requested below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.

 

Type of Equipment*

 

Equipment Information

Name of manufacturer,

 

 

 

Model and power rating

 

Capacity*

 

 

Year of manufacture*

Current Status

Current location

 

 

 

Details of current commitments

 

 

 

Source

Indicate source of the equipment

o Owned o Rented o Leased o Specially manufactured

 

 

The following information shall be provided only for equipment not 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

 

 

 

 

 

 

 

Site Organization

[insert Site Organization information]

 

 

 

 

Method Statement

[insert Method Statement]

 

 

 

 

Mobilization Schedule

[insert Mobilization Schedule]

 

 

 

Construction Schedule

[insert Construction Schedule]

 

 

 

 

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 (i) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions, materials, equipment, management processes etc. that will be implemented by the Contractor, and its subcontractors.

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

  

 

 

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

Note to the Bidder:

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

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

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. 

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, laborers 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 behavior that we require from all Contractor’s Personnel.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior 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:
    1. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health;
    2. wearing required personal protective equipment;   
    3. using appropriate measures relating to chemical, physical and biological substances and agents; and
    4. 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 favors, 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, and 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 behavior 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 gender-based violence, 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.

There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct.  Such retaliation would be a violation of this Code of Conduct. 

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend.  I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person with relevant experience] requesting an explanation. 

 

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

 

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________

Date: (day month year): ______________________________________________

 

ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors constituting Sexual Harassment (SH)

 

 

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 behaviors:

  • 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 favor.
  • 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.
  • 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.

 

 

Others

 

 

Bidder’s Qualification

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: _________________
RFB No. and title: _________________
Page __________of _______________pages

 

Bidder’s name

 

In case of Joint Venture (JV), name of each member:

 

Bidder’s actual or intended country of registration:

[indicate country of Constitution]

Bidder’s actual or intended year of incorporation:

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

 

Bidder’s authorized representative information

Name: _____________________________________

Address: ___________________________________

Telephone/Fax numbers: _______________________

E-mail address: ______________________________

1. Attached are copies of original documents of

¨ Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4.

¨ In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

¨ In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents establishing:

  • Legal and financial autonomy
  • Operation under commercial law
  • Establishing that the Bidder is not under the supervision of  the Employer

2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. [If required under BDS ITB 47.1, the successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]

 

 

Form ELI -1.2: Information Form for JV Bidders

(to be completed for each member of Joint Venture)

Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages

 

Bidder’s Joint Venture name:

 

 JV member’s name:

 

 JV member’s country of registration:

 

 JV member’s year of constitution:

 

 JV member’s legal address in country of constitution:

 

 JV member’s authorized representative information

Name: ____________________________________

Address: __________________________________

Telephone/Fax numbers: _____________________

E-mail address: _____________________________

1. Attached are copies of original documents of

¨ Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4.

¨ In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and is not under the supervision of the Employer, in accordance with ITB 4.6.

2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. [If required under BDS ITB 47.1, the successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]

 

 

Form CON – 2: Historical Contract Non-Performance, Pending Litigation and Litigation History

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
RFB 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 [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1.

¨ Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1

Year

Non- performed portion of contract

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for nonperformance: [indicate main reason(s)]

[insert amount]

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

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

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

 

 

Year of dispute

Amount in dispute (currency)

Contract Identification

Total Contract Amount (currency), USD Equivalent (exchange rate)

 

 

Contract Identification: _________

Name of Employer: ____________

Address of Employer: __________

Matter in dispute: ______________

Party who initiated the dispute: ____

Status of dispute: ___________

 

 

 

Contract Identification:

Name of Employer:

Address of Employer:

Matter in dispute:

Party who initiated the dispute:

Status of dispute:

 

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

¨ No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.

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

Year of award

Outcome as percentage of Net Worth

Contract Identification

Total Contract Amount (currency), USD Equivalent (exchange rate)

[insert year]

[insert percentage]

Contract Identification: [indicate complete contract name, number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Matter in dispute: [indicate main issues in dispute]

Party who initiated the dispute: [indicate “Employer” or “Contractor”]

Reason(s) for Litigation and award decision [indicate main reason(s)]

[insert amount]

 

Form CON – 3

Environmental and Social Performance Declaration

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

 

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

Environmental and Social Performance Declaration

in accordance with Section III, Qualification Criteria, and Requirements

¨ No suspension or termination of contract: An employer has not suspended or terminated a contract and/or called the performance security for a contract for reasons related to Environmental, or Social (ES) performance since the date specified in Section III, Qualification Criteria, and Requirements, Sub-Factor 2.5.

¨ Declaration of suspension or termination of contract:  The following contract(s) has/have been suspended or terminated and/or Performance Security called by an employer(s) for reasons related to Environmental, or Social (ES)performance since the date specified in Section III, Qualification Criteria, and Requirements, Sub-Factor 2.5. Details are described below:

Year

Suspended or terminated portion of contract

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for suspension or termination: [indicate main reason(s) e.g. for gender-based violence; sexual exploitation or sexual abuse breaches]

[insert amount]

[insert year]

[insert amount and percentage]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for suspension or termination: [indicate main reason(s)]

[insert amount]

[list all applicable contracts]

Performance Security called by an employer(s) for reasons related to ES performance

Year

Contract Identification

 

Total Contract Amount (current value, currency, exchange rate and US$ equivalent)

[insert year]

Contract Identification: [indicate complete contract name/ number, and any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert street/city/country]

Reason(s) for calling of performance security: [indicate main reason(s) e.g. for gender-based violence; sexual exploitation, or sexual abuse breaches]

[insert amount]

 

 

 

 

Form CCC: Current Contract Commitments / Works in Progress

 

 

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

 

 

 

 

Name of contract

Employer, contact address/tel/fax

Value of outstanding work (current US$ equivalent)

Estimated completion date

Average monthly invoicing over last six months
(US$/month)

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

4.

 

 

 

 

 

5.

 

 

 

 

 

etc.

 

 

 

 

 

 

Form FIN – 3.1: Financial Situation and Performance

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

  1. Financial data

Type of Financial information in

(currency)

Historic information for previous _________years,

______________

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

 

Year 1

Year 2

Year 3

Year4

Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

 

 

 

 

 

Total Liabilities (TL)

 

 

 

 

 

Total Equity/Net Worth (NW)

 

 

 

 

 

Current Assets (CA)

 

 

 

 

 

Current Liabilities (CL)

 

 

 

 

 

Working Capital (WC)

 

 

 

 

 

Information from Income Statement

Total Revenue (TR)

 

 

 

 

 

Profits Before Taxes (PBT)

 

 

 

 

 

Cash Flow Information

Cash Flow from Operating Activities

 

 

 

 

 

 

  1. Sources of Finance

 

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

 

No.

Source of finance

Amount (US$ equivalent)

1

 

 

 

2

 

 

 

3

 

 

 

 

 

 

 

 

  1. Financial documents

 

The Bidder and its parties shall provide copies of financial statements for _________ years pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.2. 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 statements[14]  for the ____________years required above; and complying with the requirements

 

 

 

 

Form FIN – 3.2: Average Annual Construction Turnover

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

 

 

Annual turnover data (construction only)

Year

Amount

Currency

Exchange rate

USD equivalent

[indicate year]

[insert amount and indicate 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.

Source of financing

Amount (US$ equivalent)

1.

 

 

2.

 

 

3.

 

 

4.

 

 

 

Form EXP – 4.1: General Construction Experience

 

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

 

Starting

 

Year

Ending

Year

Contract Identification

Role of

Bidder

 

 

Contract name: ­­­­­­­­­­­­­­­­­­­­____________________

Brief Description of the Works performed by the

Bidder: _____________________________

Amount of contract: ___________________

Name of Employer: ____________________

Address: _____________________________

 

 

 

Contract name: _________________________

Brief Description of the Works performed by the

Bidder: _____________________________

Amount of contract: ___________________

Name of Employer: ___________________

 Address: _________________________

 

 

 

Contract name: ________________________

Brief Description of the Works performed by the

Bidder: __________________________

Amount of contract: ___________________

Name of Employer: ___________________

 Address: _________________________

 

 

 

Form EXP – 4.2(a): Specific Construction and Contract Management Experience

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Similar Contract No.

 

Information

Contract Identification

 

Award date

 

Completion date

 

Role in Contract

 

Prime Contractor ¨

Member in JV

¨

Management Contractor

¨

Sub-contractor ¨

Total Contract Amount

 

US$ *

If member in a JV or subcontractor, 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 EXP – 4.2(b): Construction Experience in Key Activities

Bidder’s Name: ________________
Date: ______________________
Joint Venture Member’s Name_________________________
Subcontractor’s Name[15] (as per ITB 34.2 and 34.3): ________________

RFB No. and title: ___________________________
Page _______________of ______________pages

Subcontractor’s Name (as per ITB 34.2 and 34.3): ________________

All subcontractors for key activities must complete the information in this form as per ITB 34.2 and 34.3 and Section III, Qualification Criteria and Requirements, Sub-Factor 4.2.

 

  1. Key Activity No One: ________________________

 

 

Information

 

Contract Identification

 

 

Award date

 

 

Completion date

 

 

Role in Contract

 

Prime Contractor

¨

Member in
JV

¨

Management Contractor

¨

Sub-contractor

¨

 

Total Contract Amount

 

US$

 

Quantity (Volume, number or rate of production, as applicable) performed under the contract per year or part of the year

 

Total quantity in the contract

(i)

Percentage

participation

(ii)

Actual Quantity Performed

(i) x (ii)

 

Year 1

 

 

 

 

Year 2

 

 

 

 

Year 3

 

 

 

 

Year 4

 

 

 

 

Employer’s Name:

 

Address:

Telephone/fax number

E-mail:

 

 

 

 

Information

Employer’s Name:

 

Address:

Telephone/fax number

E-mail:

 

 

 

 

Information

Description of the key activities in accordance with Sub-Factor 4.2(b) of Section III:

 

 

 

 

 

 

 

  1. Activity No. Two
  2. …………………

 

 

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

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

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

Page __________________of ________________pages

 

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

 

Contract Identification

 

Award date

 

Completion date

 

Role in Contract

 

Prime Contractor

¨

Member in
JV

¨

Management Contractor

¨

Subcontractor

¨

Total Contract Amount

 

US$

Details of relevant experience

 

  1. Key Requirement no 2 in accordance with 4.2 (c): ______________________
  2. Key Requirement no 3 in accordance with 4.2 (c): ______________________

  


  Section V – Eligible Countries

 

Eligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement

 

 

 

In reference to ITB 4.8, 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 4.8 (a) and 5.1 None

Under ITB 4.8 (b) and 5.1  None

 

 

 


Section VI – Fraud and Corruption

(Section VI shall not be modified)

 

  1. Purpose
    • The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  • The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

 

  • To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  2. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  3. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  • “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  1. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  2. “obstructive practice” is:
  • deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  • acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[16] (ii) to be a nominated[17] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[18] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

PART 2 – Works’ Requirements

 

 


 

Section VII – Works’ Requirements

 

 

Table of Contents

Specifications. 106

Environmental and Social Requirements. 156

Key Personnel 189

Drawings. 190

Supplementary Information. 191

 

Specifications

 

 

 LOT 1

AS CONTAINED IN ANNEX 1 FOR BENIN

 

 

 

LOT 2

AS CONTAINED IN ANNEX 2 FOR IKEJA WEST

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOT 1: REFURBISHING AND EXTENSION OF REGIONAL CONTROL CENTRE – BENIN

 

INTRODUCTION

Transmission Company of Nigeria (TCN) is a Nigerian government owned power utility company saddled with the wheeling of electricity from Generating Stations to Distribution Companies on High Voltage. In order to meet customer demand for electricity, TCN needs to enhance the reliability, security, stability and power quality of its power system. Consequently, TCN has decided to implement a new SCADA System to be housed in National and Regional Control Centers.

 

In-view of this, TCN is embarking on a construction project to expand and refurbish Benin Regional Control Centre. The Regional Control Centre (RCC), is responsible for all TCN Grid Operations, Monitoring and Control within the Transmission network. Functionally, the RCC supervises all the substations within the Regional Control Centre.

 

BUILDING LOCATION AND DIMENSIONS

The reserved site for Benin RCC Building is located at Ogbeide Street, in Benin City.

 

The current Building is located at the following coordinates:

6°17’38.19″N; 5°37’58.92″E, Coordinates reported from Google Earth Datum

Benin RCC site map

Total Plot area is approximately l x L = 52 * 105 m, 5460 m2 approx. out of which 20 * 43 m2 are used directly by the exiting RCC.

 

Adjacent to the building, a parking area is provided. Other construction on the plot are used as security room on plot entrance and utilities room (generator). Remaining free land area / unused land is very limited. The Declivity in the plot is less than 1m. The land is flat.

 

Benin RCC present plan

 

 

DESIGN CONCEPT

The Design Concept for the new wing of the Benin Control Center is a Modular system. This Principle will adopt the grid layout system to define the Geometry of all space requirement. Regular Grid System accommodates convenient need for future expansion. The façade for the existing wing has been upgraded to meet the standard of the new wing.

 

The Building Geometrical composition is arranged to improve the energy efficiency of the entire structure through the provision of shading elements which will reduce direct sun ray on the external envelope. Building Orientation enhances the adaptability, stability, Energy efficiency and General Comfort of a structure. The Architectural Design will answer to this fundamental Principle to maximize geographical conditions of each Building location.

Concrete, Tempered Glass, Steel, composite panels, Aluminum extrusions and wood are the major materials in use for the project. It can be locally sourced and easily maintained.

 

1 Fire considerations: Standards adhered to strictly for fire escape and safety in the building.

 

2 Air-conditioning and lighting: All buildings here-attached are designed to function very well with varied degrees of air- conditioning and artificial lighting, but must meet minimum levels of thermal comfort and lighting at working plane through dependence on natural lighting and ventilation (tropicalized of design).

 

3 Compact Planning: Control of traffic, noise and atmospheric pollution by zoning and screening.

 

4 Good sound and thermal insulation on walls and roots with fenestrations at less than 30% on external wall

 

THE FACILITIES: OUTLINE DESCRIPTION

The facilities that make up the Benin Control Center are explained below.

Brief description of each:

 

OLD WING

  1. a) Roof Deck :

This is flat portion of a roof capable of supporting weight, constructed outdoors, often elevated from the ground, and usually connected to a building. The roof deck should be treated with good water proofing material and felt.

 

  1. b) Workshop:

A large space is allowed for a workshop for technical repairs and Maintenance of Equipment and a small Scale localized Research and Development.

 

  1. c) Meeting:

Serves as space for meetings, press briefing, etc. They space is multi- functional with inspiring views but shall be swapped with the entrance hall.

 

  1. d) Battery Room:

This functions as facility used to house batteries for backup or uninterruptable power system. This facility will be maintained and upgraded.

 

  1. e) Power room:

This part of the building features a complex unit of the design. The support of the Control room and efficient full capacity of the center is depended on this unit. It shall be upgraded to perform its functions optimally. This room will be maintained and upgraded.

 

  1. f) Communications:

This room function as a host to all digital communications, network devices, firewalls, computers, database servers etc. This space will be retained and upgraded.

 

  1. g) Control room:

This is the Heartbeat of the Centers and the most important part of the building with a high technical sensitivity. It is designed to accommodate a 24/7 operational system. Since all the technical functions shall be maintained in the existing building, the numerous support functions such as, Server Room, Power Room, equipment room, Resting Lounge, kitchenette and Toilets shall be upgraded to serve optimally.

 

  1. h) PM SCADA:

Project Manager’s office shall be maintained and upgraded in the existing building.

 

  1. i) Conveniences:

The Convenience is a public rest room for all the staff, it is redesigned to male and female conveniences.

 

 

NEW WING

  1. New Main building entrance:

This space is provided to serve as waiting area for visitors, security check and circulation.

 

  1. Human resources:

This office is provided for human resource management, overseeing various aspects of employment, such as compliance with labour law and employment standards etc.

 

iii. Safety:

This is an office introduced to provide consultation and health support service

  1. Information technology:

This office is made to serve as department in charge of establishing, monitoring and maintaining information technology system and service.

 

  1. Drivers Lounge:

This space is set aside for the staff and organization drivers.

 

  1. ROM‟s Office, secretary and support staff

 

vii. Accounts

This is where financial statements are prepared, recorded, financial analysis, payroll, cost accounting and more.

 

viii. Data

This space is used to house data usually of secure, document exchange, file sharing, financial transaction.

 

  1. Conference room:

They will serve for meetings, press briefing, etc. They space is multi- functional with inspiring views. Interior materials have High Acoustic property.

 

Generally simple design forms are proposed with emphasis on locally and internationally available materials and components. The structures shall be of single-story (one-level) concrete frame construction.

 

As a rule, these buildings have been designed to flow into one another with open spaces.

The resultant building complexes (clusters) above are themselves roofed individually and connected through covered walkways. Based on the brief agreed between the Client and Consultants, the facilities and their requisite appurtenances shall be as follows (BENIN CONTROL CENTER):

 

BENIN CONTROL CENTER EXISTING WING

SCHEDULE OF ACCOMODATION

Home Story Name

Zone Name

Calculated Area

Walls Perimeter

Floor

Skirting

Wall

Ceiling

GROUND FLOOR PLAN

 

 

 

 

 

 

 

 

ACCOUNT DEPT.

25.19

15.4

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

25.19 m²

15.4 m

 

 

 

 

 

AGM.s SECRETARY

14.12

15.9

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

14.12 m²

15.9 m

 

 

 

 

 

 

 

 

 

 

 

 

 

BATTERY ROOM

18.70

17.4

WOODEN SUSPENDED FLOOR FINISH

 

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

18.70 m²

17.4 m

 

 

 

 

 

COMMUNICATION SCADA

24.01

10.2

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

24.01 m²

10.2 m

 

 

 

 

 

CONTROL ROOM

77.25

29.9

WOODEN SUSPENDED FLOOR FINISH

 

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

 

 

 

 

 

 

 

 

77.25 m²

29.9 m

 

 

 

 

 

GENERAL OFFICE

29.89

22.5

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

29.89 m²

22.5 m

 

 

 

 

 

KITCHEN

7.59

7.9

600X600mm VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

7.59 m²

7.9 m

 

 

 

 

 

LOBBY 2

106.44

55.8

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT

 

 

 

 

 

 

PAINT

FITTINGS

 

 

106.44 m²

55.8 m

 

 

 

 

 

LOBBY 3

8.37

9.1

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.37 m²

9.1 m

 

 

 

 

 

MEETING ROOM

33.01

23.0

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

 

 

 

 

 

 

 

 

33.01 m²

23.0 m

 

 

 

 

 

OPEN COURT-YARD

30.85

5.2

 

 

 

 

 

 

30.85 m²

5.2 m

 

 

 

 

 

P.M COMMUNICATION

14.78

5.1

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

14.78 m²

5.1 m

 

 

 

 

 

P.M HUMAN RESOURCES

13.59

14.5

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

13.59 m²

14.5 m

 

 

 

 

 

P.M REGINAL

15.15

10.3

600X600mm VITRIFIED TILES FLOOR

600X75mm VITRIFIED TILE SKIRTING

CORN FLOUR WHITE OR OFF WHITE

PLASTER BOARD CEILING FINISH WITH

 

 

 

 

FINISH

TO MATCH FLOOR TILE

LIGHT BASE EMULSION PAINT

600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.15 m²

10.3 m

 

 

 

 

 

PM (RCC)

31.29

21.3

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

31.29 m²

21.3 m

 

 

 

 

 

PM SCADA

13.74

14.8

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

13.74 m²

14.8 m

 

 

 

 

 

 

 

 

 

 

 

 

 

POWER ROOM

12.29

10.2

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

12.29 m²

10.2 m

 

 

 

 

 

RECEPTION/ WAITING

36.69

20.7

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.69 m²

20.7 m

 

 

 

 

 

SERVER

39.72

11.6

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

 

 

 

 

 

 

 

 

 

39.72 m²

11.6 m

 

 

 

 

 

TEA ROOM

5.47

9.6

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

5.47 m²

9.6 m

 

 

 

 

 

WC 1

2.65

3.3

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.65 m²

3.3 m

 

 

 

 

 

WC 2

8.59

6.7

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT

 

 

 

 

 

 

 

 FITTINGS

 

 

8.59 m²

6.7 m

 

 

 

 

 

WC 3

18.19

18.2

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

18.19 m²

18.2 m

 

 

 

 

 

WC 4

17.96

18.0

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

 

 

 

 

 

 

 

 

17.96 m²

18.0 m

 

 

 

 

 

 

605.53 m²

376.6 m

 

 

 

 

 

 

BENIN CONTROL CENTER PROPOSED WING

SCHEDULE OF ACCOMODATION

Home Story Name

Zone Name

Calculated Area

Walls Perimeter

Floor

Skirting

Wall

Ceiling

GROUND FLOOR PLAN

 

 

 

 

 

 

 

 

COMM LAB

44.58

27.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

44.58 m²

27.88 m

 

 

 

 

 

DRIVERS LOUGE

36.74

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.74 m²

23.88 m

 

 

 

 

 

ENTRANCE/ RECEPTION

48.30

30.28

600X300mm GRANITE TILE FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

48.30 m²

30.28 m

 

 

 

 

 

GENERAL OFF IT & CORP MEMBERS

16.75

16.68

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

GENERAL OFFICE 2

34.64

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

HR

34.64

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

HR STORAGE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

IT LAB

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

IT OFFICE

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

LOBBY

3.41

5.42

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

3.41 m²

5.42 m

 

 

 

 

 

LOBBY 1

178.74

117.50

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

178.74 m²

117.50 m

 

 

 

 

 

OFFICE

15.40

15.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

OFFICE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

OFFICE 2

15.40

15.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

PM COMM

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

PM HR

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS.

 

 

16.75 m²

16.68 m

 

 

 

 

 

SAFETY

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STAIRS

16.75

16.68

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

SUPPORT

4.19

8.28

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

4.19 m²

8.28 m

 

 

 

 

 

SUPPORT 2

2.24

5.97

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.24 m²

5.97 m

 

 

 

 

 

WC

20.31

14.11

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

20.31 m²

14.11 m

 

 

 

 

 

WC

17.71

8.81

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

17.71 m²

8.81 m

 

 

 

 

 

WC DISABLED

2.83

0.00

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.83 m²

0.00 m

 

 

 

 

 

WC FEMALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

WC FEMALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

19.76 m²

26.56 m

 

 

 

 

 

WC MALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

WC MALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

19.76 m²

26.56 m

 

 

 

 

FIRST FLOOR PLAN

 

 

 

 

 

 

 

 

ACCOUNT

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

 

 

 

34.64 m²

23.88 m

 

 

 

 

 

AGM

25.75

19.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

25.75 m²

19.88 m

 

 

 

 

 

AGM SUPPORT

26.69

20.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

26.69 m²

20.68 m

 

 

 

 

 

AGM WAITING

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

CONFERENCE ROOM

52.53

31.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

52.53 m²

31.08 m

 

 

 

 

 

DATA

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

LOBBY

117.71

76.99

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

SILK VINYL PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

117.71 m²

76.99 m

 

 

 

 

 

OFFICE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

OFFICE

26.69

20.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

26.69 m²

20.68 m

 

 

 

 

 

PM ACCOUNT

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

SAFETY

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

STAIRS

16.75

16.68

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STAIRS

74.92

44.11

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

74.92 m²

44.11 m

 

 

 

 

 

STORAGE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STORE

8.02

11.50

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.02 m²

11.50 m

 

 

 

 

 

SUPPORT

4.10

8.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

SUPPORT

4.10

8.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.20 m²

16.16 m

 

 

 

 

 

TEA ROOM

7.95

11.46

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

7.95 m²

11.46 m

 

 

 

 

 

WC

36.74

23.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.74 m²

23.88 m

 

 

 

 

 

WC FEMALE

9.76

13.20

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

9.76 m²

13.20 m

 

 

 

 

 

WC FEMALE

15.40

15.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

WC MALE

9.76

13.20

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

9.76 m²

13.20 m

 

 

 

 

 

WC MALE

15.40

15.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

 

1,272.59 m²

1,014.51 m

 

 

 

 

 

 

Codes

BS 8110-1997, BS 6399, BS 5950

 

Soil Parameters

Soil Bearing Capacity

(KN/m2)

 

305kN/m2 – 315kN/ m2

 

To be determined by geotechnical engineer

Subgrade Reaction

(KN/m3)

To be determined by geotechnical engineer

 

Material Properties (Default)

 

Material

Rebar Grade

 

Columns

 

C20/25

 

Grade 410 (Type 2)

 

Beams

 

C20/25

 

Grade 410 (Type 2)

 

Slabs

 

C20/25

 

Grade 410 (Type 2)

 

Ribs

 

C20/25

 

Grade 410 (Type 2)

 

Footings

 

C20/25

 

Grade 410 (Type 2)

 

Links

 

 

Grade 410 (Type 2)

 

Foundation type will be determined by the geotechnical engineer from geotechnical test report.

 

This structure is a reinforced concrete framed structure monolithically connected by slab, beams, columns and foundation. The floor type is ribbed floor with hollow pots or polystyrene because of the large space of the offices in the building.

 

  1. Substructure
  2. ii) Columns:

Types of Columns Used: 230mm x 230mm and 450mm x 230mm square and rectangular reinforced concrete columns respectively.

The columns are receiving decomposed loads from the floor beams and transferring it directly to the foundation.

 

iii) Floor Beams:

The sections of floor beams Used: 230mm x 450mm and 230mm x 750mm

 

The 230mm x 450mm was used for the shorter spans while the 230mm x 750mm were used for the longer spans where the latter was proven to be inadequate, due to the direction of the ribs i.e. the rib beams are transferring their loads directly to the longer span.

 

The longest beam span in the structure was 10.8m span.

 

  1. iv) Floor Slab:

The Ribbed slab was used during the structural design of the building to reduce to self-weight of the slab using polystyrene material and also to reduce the number of columns used in the building in order not to have free standing column at some places.

The imposed load used for the analysis of the rib slab is 2.5KN/m2 (for offices and general use).

 

  1. v) Roof Beams:

The sections of floor beams Used: 230mm x 450mm and 230mm x 300mm

 

The 230mm x 300mm was used for the areas without roof parapets and parapet walls, while the 230mm x 450mm beams were used for the areas with roof parapets and parapet walls.

 

The design was carried out economically, ensuring that under the worst loadings the structure is safe and during normal working conditions the deformation of the members does not detract from the appearance, durability or performance of the structure.

 

  1. vi) Roof

Reinforced concrete grade 20 roof beams, 150mm slab and fascia, with felt roofing industrial aluminum 0.7mm gauge aluminum crimpled roof /roofing sheets (insulated) on steel truss in most areas with mild steel tubular trusses in conference/lecture halls only.

 

vii)Walls

Hollow sandcreeded blockwork in cement and sand (1:3) mortar

 

viii) Windows

Factory glazed natural anodized aluminum c u r t a i n w a l l s sliding and projected windows and fixed light with tinted and plain glass.

 

  1. ix) Doors

Factory glazed natural anodized aluminum doors with tinted glass and plywood faced flush doors in steel framed internally.

 

  1. x) Fittings

Plywood pelmets, wardrobes, service counters, kitchen and store shelving.

 

  1. xi) Wall Finishes

Cement and sand (1:3) rendering with textured paint internally and externally and glazed ceramic tiles on screeded backing in some areas internally, velvet and/ POP at conference.

 

 xii)Floor Finishes

Raised   floor   systems, also known as access floors, are an elevated structural floor that is stabilized over a solid substrate, typically a concrete slab.  A raised  floor system creates a gap ideal for running electrical wiring and HVAC ducts.

 

Conference Rooms, Control Rooms and Offices. Rug Carpet floor finish creates good acoustic property for better sound control

 

xiii)Tile

High Compressive – Non slippery Vitrified tiles shall be used

 

  1. vx) Ceiling Finishes

Plaster-of-Paris and Acoustic suspended ceiling on concealed metal grids in most areas with the exception.

 

 

Lot 2: REFURBISHING AND EXTENSION OF REGIONAL CONTROL CENTRE – IKEJA WEST

INTRODUCTION

Transmission Company of Nigeria (TCN) is a Nigerian government owned power utility company saddled with the wheeling of electricity from Generating Stations to Distribution Companies on High Voltage. In order to meet customer demand for electricity, TCN needs to enhance the reliability, security, stability and power quality of its power system. Consequently, TCN has decided to implement a new SCADA System to be housed in National and Regional Control Centres.

 

In-view of this, TCN is embarking on a construction project to expand and refurbish Ikeja-West Regional Control Centre. The Regional Control Centre (RCC), is responsible for all TCN Grid Operations, Monitoring and Control within the Transmission network. Functionally, the RCC supervises all the substations within the Regional Control Centre.

 

BUILDING LOCATION AND DIMENSIONS

The reserved site for Ikeja West RCC Building is located at Ipaja, 31 Ogunjobi Street, in Lagos.

 

The current Building is located at the following coordinates:

6°36’16.66″N; 3°14’54.79″E, Coordinates reported from Google Earth Datum

 

Ikeja-West Site Map.

Total Plot area is approximately l x L = 52 * 105 m, 5460 m2 approx. out of which 20 * 43 m2 are used directly by the exiting RCC. Adjacent to the building, a parking area is provided. Other construction on the plot are used as security room on plot entrance and utilities room (generator) on South East of the plot. Remaining land area is free / unused land. The Declivity in the plot is less than 1m. The land is flat.

 

Ikeja-West RCC present plan.

 

 

PROJECT DESIGN BACKGROUND FOR UPGRADE AND REMODELING.

 

Scope

The existing building design does not have provision for management staff, therefore a new wing will house the management section of the facility linking the new wing with the existing one seamlessly.

 

The Facilities: Outline Description

The major required facilities for the Regional Control Center are briefly explained below.

 

 

 

 

1 Control Room

It is designed to accommodate a 24/7 operational system. Design with numerous support functions such as, server room, power room, equipment room, resting Lounge, kitchen and toilets. Acoustic insulation, raised floor systems, double volume headroom, mechanical ventilation and controlled illumination are some of the essential design considered to develop unit.

 

2 Equipment & Server Room

This Part of the building features a complex unit of the design. It supports the control room and efficient full capacity of the center is depended on this unit. Special mechanical space will be adopted to create a space that will receive modern and latest technology.

 

Old Wing

  1. a) Hip Roof: A hip roof is a type of roof where all sides slope downwards to the walls, usually with a gentle slope. Thus, some parts of this building has vertical wall of 700mm high at the sides to the roof which create the gutter that collect water from the part for the roof and goes down the drain.

 

  1. b) Workshop:

A large space is allowed for a workshop for technical repairs and Maintenance of Equipment and a small-Scale localized Research and Development.

 

  1. c) Meeting:

Serves as space for meetings, Technician briefing, etc. The space is multi- functional with inspiring views but in the case of our scope it will be used by the technical staff only.

 

  1. d) Battery Room:

This function as facility used to house batteries for backup or uninterruptable power system. This facility will be maintained and upgraded.

 

  1. e) Power room:

This part of the building features a complex unit of the design. The support of the Control room and efficient full capacity of the center is depended on this unit. It shall be upgraded to perform its functions optimally. This room will be maintained and upgraded.

 

 

 

  1. f) Communications:

This room functions as a host to all digital communications, network devices, firewalls, computers, database servers etc. This space will be retained and upgraded.

 

  1. g) Control room:

This is the Heartbeat of the Centers and the most important part of the building with a high technical sensitivity. It is designed to accommodate a 24/7 operational system. Since all the technical functions shall be maintained in the existing building, the numerous support functions such as, Server Room, Power Room, equipment room, Resting Lounge, kitchenette and Toilets shall be upgraded to serve optimally.

 

  1. h) P.M SCADA:

Project manager’s office shall be maintained and upgraded in the existing building.

 

  1. i) Convenience:

The Convenience is a public rest room for all the staff, it is redesigned for male and female convenience.

 

New Wing

  1. a) New Main building entrance:

This space is provided to serve as waiting area for visitors, security check and circulation.

 

  1. b) Human resources:

This office is provided for human resource management, overseeing various aspects of employment, such as compliance with labor law and employment standards etc.

 

  1. c) Safety:

This is an office introduced to provide consultation and health support service

 

  1. d) Information technology:

This office is made to serve as department in charge of establishing, monitoring and maintaining information technology system and service

 

  1. e) Drivers Lounge:

This space is set aside for the staff and organization drivers.

  1. f) ROM’s Office, Secretary and support staff

 

  1. g) Accounts

This is where financial statements are prepared, recorded, financial analysis, payroll, cost accounting and more.

 

  1. h) Data

This space is used to house data usually of secure, document exchange, file sharing, financial transaction.

 

  1. i) Conference room:

They will serve for meetings, press briefing, etc. They space is multi- functional with inspiring views. Interior materials have High Acoustic property.

 

Design Considerations

In conceiving the designs, relevant design standards have been considered with respect to free flow of movements, durability of buildings, air exchange requirements, buildings connectivity, paved walkway provisions linking major units, visual movement lines and general rudiments of estate dynamics.

 

The resultant design has been prepared cognizant of the need to integrate the buildings in this proposal within the context of the existing spaces and buildings. For the avoidance of obstruction and attainment of perfect environmental integration of the individual buildings, standards and zoning plans have been applied as an ordering principle in organizing the overall Site Master Plan.

 

Design Concepts

The Building Geometrical composition is arranged to improve the energy efficiency of the entire structure through the provision of shading elements which will reduce direct solar penetration into the buildings internal envelope.

 

Building Orientation enhances the adaptability, stability, Energy efficiency and General Comfort of a structure. The Architectural Design will answer to this fundamental Principle to maximize geographical conditions of the building location. Concrete, tempered glass, steel, composite panels, aluminum extrusions and wood are the major materials in use for the project. They can be locally sourced and easily maintained.

 

1 Fire considerations: Standards adhered to strictly for fire escape in all building;

2 Air-conditioning and lighting: All buildings here-attached are designed to function very well with varied degrees of air-conditioning and artificial lighting but must meet minimum levels of thermal comfort and lighting at working through dependence on natural lighting and ventilation (Tropicalize design).

 

3 Compact Planning: Control of traffic, noise and atmospheric pollution by zoning and screening.

 

4 Good sound and thermal insulation on walls and roofs (especially in conference hall and center) with fenestrations at less than 30% on external walls.

 

IKEJA CONTROL CENTER EXISTING WING

SCHEDULE OF ACCOMODATION

Home Story Name

Zone Name

Calculated Area

Walls Perimeter

Floor

Skirting

Wall

Ceiling

GROUND FLOOR PLAN

 

 

 

 

 

 

 

 

ACCOUNT DEPT.

25.19

15.4

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

25.19 m²

15.4 m

 

 

 

 

 

AGM.s SECRETARY

14.12

15.9

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

14.12 m²

15.9 m

 

 

 

 

 

BATTERY ROOM

18.70

17.4

WOODEN SUSPENDED FLOOR FINISH

 

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

18.70 m²

17.4 m

 

 

 

 

 

COMMUNICATION SCADA

24.01

10.2

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

24.01 m²

10.2 m

 

 

 

 

 

CONTROL ROOM

77.25

29.9

WOODEN SUSPENDED FLOOR FINISH

 

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

77.25 m²

29.9 m

 

 

 

 

 

GENERAL OFFICE

29.89

22.5

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

29.89 m²

22.5 m

 

 

 

 

 

KITCHEN

7.59

7.9

600X600mm VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

7.59 m²

7.9 m

 

 

 

 

 

LOBBY 2

106.44

55.8

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

106.44 m²

55.8 m

 

 

 

 

 

LOBBY 3

8.37

9.1

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.37 m²

9.1 m

 

 

 

 

 

MEETING ROOM

33.01

23.0

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

33.01 m²

23.0 m

 

 

 

 

 

OPEN COURT-YARD

30.85

5.2

 

 

 

 

 

 

30.85 m²

5.2 m

 

 

 

 

 

P.M COMMUNICATION

14.78

5.1

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

14.78 m²

5.1 m

 

 

 

 

 

P.M HUMAN RESOURCES

13.59

14.5

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

13.59 m²

14.5 m

 

 

 

 

 

P.M ROC

15.15

10.3

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.15 m²

10.3 m

 

 

 

 

 

PM (RCC)

31.29

21.3

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

31.29 m²

21.3 m

 

 

 

 

 

PM SCADA

13.74

14.8

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

13.74 m²

14.8 m

 

 

 

 

 

POWER ROOM

12.29

10.2

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

12.29 m²

10.2 m

 

 

 

 

 

RECEPTION/ WAITING

36.69

20.7

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.69 m²

20.7 m

 

 

 

 

 

SERVER

39.72

11.6

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

39.72 m²

11.6 m

 

 

 

 

 

TEA ROOM

5.47

9.6

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

5.47 m²

9.6 m

 

 

 

 

 

WC 1

2.65

3.3

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.65 m²

3.3 m

 

 

 

 

 

WC 2

8.59

6.7

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.59 m²

6.7 m

 

 

 

 

 

WC 3

18.19

18.2

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

18.19 m²

18.2 m

 

 

 

 

 

WC 4

17.96

18.0

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

17.96 m²

18.0 m

 

 

 

 

 

 

605.53 m²

376.6 m

 

 

 

 

 

 

 

 

IKEJA CONTROL CENTER PROPOSED WING

SCHEDULE OF ACCOMODATION

Home Story Name

Zone Name

Calculated Area

Walls Perimeter

Floor

Skirting

Wall

Ceiling

GROUND FLOOR PLAN

 

 

 

 

 

 

 

 

COMM LAB

44.58

27.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

44.58 m²

27.88 m

 

 

 

 

 

DRIVERS LOUGE

36.74

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.74 m²

23.88 m

 

 

 

 

 

ENTRANCE/ RECEPTION

48.30

30.28

600X300mm GRANITE TILE FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

48.30 m²

30.28 m

 

 

 

 

 

GENERAL OFF IT & CORP MEMBERS

16.75

16.68

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

GENERAL OFFICE 2

34.64

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

HR

34.64

23.88

600X600mm VITRIFIED TILE FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

HR STORAGE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

IT LAB

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

IT OFFICE

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

LOBBY

3.41

5.42

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

3.41 m²

5.42 m

 

 

 

 

 

LOBBY 1

178.74

117.50

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

OFF WHITE EMULSION PAINT ON RENDERED WALL.

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

178.74 m²

117.50 m

 

 

 

 

 

OFFICE

15.40

15.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

OFFICE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

OFFICE 2

15.40

15.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

 

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

PM COMM

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

PM HR

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS.

 

 

16.75 m²

16.68 m

 

 

 

 

 

SAFETY

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STAIRS

16.75

16.68

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

SUPPORT

4.19

8.28

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

4.19 m²

8.28 m

 

 

 

 

 

SUPPORT 2

2.24

5.97

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.24 m²

5.97 m

 

 

 

 

 

WC

20.31

14.11

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

20.31 m²

14.11 m

 

 

 

 

 

WC

17.71

8.81

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

17.71 m²

8.81 m

 

 

 

 

 

WC DISABLED

2.83

0.00

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

2.83 m²

0.00 m

 

 

 

 

 

WC FEMALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

WC FEMALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

19.76 m²

26.56 m

 

 

 

 

 

WC MALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

WC MALE

9.88

13.28

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

19.76 m²

26.56 m

 

 

 

 

FIRST FLOOR PLAN

 

 

 

 

 

 

 

 

ACCOUNT

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

 

 

 

34.64 m²

23.88 m

 

 

 

 

 

AGM

25.75

19.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

25.75 m²

19.88 m

 

 

 

 

 

AGM SUPPORT

26.69

20.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

26.69 m²

20.68 m

 

 

 

 

 

AGM WAITING

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

CONFERENCE ROOM

52.53

31.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

52.53 m²

31.08 m

 

 

 

 

 

DATA

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

LOBBY

117.71

76.99

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

SILK VINYL PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

117.71 m²

76.99 m

 

 

 

 

 

OFFICE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

OFFICE

26.69

20.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

26.69 m²

20.68 m

 

 

 

 

 

PM ACCOUNT

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

SAFETY

34.64

23.88

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

34.64 m²

23.88 m

 

 

 

 

 

STAIRS

16.75

16.68

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STAIRS

74.92

44.11

600X300mm GRANITE TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

74.92 m²

44.11 m

 

 

 

 

 

STORAGE

16.75

16.68

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

16.75 m²

16.68 m

 

 

 

 

 

STORE

8.02

11.50

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm GRANITE SKIRTING TO MATCH FLOOR TILES

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.02 m²

11.50 m

 

 

 

 

 

SUPPORT

4.10

8.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

SUPPORT

4.10

8.08

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

8.20 m²

16.16 m

 

 

 

 

 

TEA ROOM

7.95

11.46

600X600mm VITRIFIED TILES FLOOR FINISH

600X75mm VITRIFIED TILE SKIRTING TO MATCH FLOOR TILE

CORN FLOUR WHITE OR OFF WHITE LIGHT BASE EMULSION PAINT

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

7.95 m²

11.46 m

 

 

 

 

 

WC

36.74

23.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

36.74 m²

23.88 m

 

 

 

 

 

WC FEMALE

9.76

13.20

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

9.76 m²

13.20 m

 

 

 

 

 

WC FEMALE

15.40

15.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

WC MALE

9.76

13.20

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

9.76 m²

13.20 m

 

 

 

 

 

WC MALE

15.40

15.88

400X400mm NON-SLIP VITRIFIED TILES FLOOR FINISH

 

400X300mm FULL HEIGHT GLAZED VITRIFIED TILES

PLASTER BOARD CEILING FINISH WITH 600X600mm LOUVRE TYPE MODULAR FLOURESCENT FITTINGS

 

 

15.40 m²

15.88 m

 

 

 

 

 

 

1,272.59 m²

1,014.51 m

 

 

 

 

 

 

STRUCTURAL PRINCIPLE AND DESIGN CRITERIA.

The structural principle adopted is concrete framed structure. The roof load, slab load and wall load are transmitted through the beams to the columns and finally to foundation below.

 

The floor or slab system employed in this structure is ribbed floor with hollow pots or polystyrene arrangement. This floor type will be adopted because of the following reasons;

 

  1. Large span or space in the building.
  2. It reduces the numbers of beam and column use in framing the structure.
  3. It reduces the dead load on the structure.
  4. It is economical and fast to construct.

 

 

Foundation type will be determined by the geotechnical engineer from geotechnical test report.

 

This structure is a reinforced concrete framed structure monolithically connected by slab, beams, columns and foundation. The floor type is ribbed floor with hollow pots or polystyrene because of the large space of the offices in the building.

 

Substructure

Columns:

Types of Columns Used: 230mm x 230mm and 450mm x 230mm square and rectangular reinforced concrete columns respectively.

 

The columns are receiving decomposed loads from the floor beams and transferring it directly to the foundation.

 

Floor Beams:

The sections of floor beams Used: 230mm x 450mm and 230mm x 750mm

 

The 230mm x 450mm was used for the shorter spans while the 230mm x 750mm were used for the longer spans where the latter was proven to be inadequate, due to the direction of the ribs i.e. the rib beams are transferring their loads directly to the longer span.

 

The longest beam span in the structure was 10.8m span.

 

Floor Slab:

The Ribbed slab was used during the structural design of the building to reduce to self-weight of the slab using polystyrene material and also to reduce the number of columns used in the building in order not to have free standing column at some places.

 

The imposed load used for the analysis of the rib slab is 2.5KN/m2 (for offices and general use).

 

Roof Beams:

The sections of floor beams Used: 230mm x 450mm and 230mm x 300mm

The 230mm x 300mm was used for the areas without roof parapets and parapet walls, while the 230mm x 450mm beams were used for the areas with roof parapets and parapet walls.

 

The design was carried out economically, ensuring that under the worst loadings the structure is safe and during normal working conditions the deformation of the members does not detract from the appearance, durability or performance of the structure.

 

Roof

Reinforced concrete grade 20 roof beams, 150mm slab and fascia, with felt roofing industrial aluminum 0.7mm gauge aluminum crimpled roof /roofing sheets (insulated) on steel truss in most areas with mild steel tubular trusses in conference/lecture halls only.

 

Walls

Hollow sandcreede block work in cement and sand (1:3) mortar

 

Windows

Factory glazed natural anodized aluminum curtain walls sliding and projected windows, fixed light with tinted and plain glass.

 

Doors

Factory glazed natural anodized aluminum doors with tinted glass and plywood faced flush doors in steel framed internally.

 

Fittings

Plywood pelmets, wardrobes, service counters, kitchen and store shelving.

 

Wall Finishes

Cement and sand (1:3) rendering with textured paint internally and externally and glazed ceramic tiles on screeded backing in some areas internally, velvet and/ POP at conference.

 

Floor Finishes

Raised   floor   systems, also known as access floors, are an elevated structural floor that   is   stabilized   over   a   solid substrate, typically a concrete slab.  A raised floor system creates a gap ideal for running electrical wiring and HVAC ducts.

 

Conference Rooms, Control Rooms and Offices

Rug Carpet floor finish creates good acoustic property for better sound control

 

Tile

High Compressive – Non slippery Vitrified tiles shall be used

 

Ceiling Finishes

Plaster-of-Paris and Acoustic suspended ceiling on concealed metal grids in most areas with the exception.

 

 

 

 

Environmental and Social Requirements

 

 

 

Sub-Clause/Clause No.

 Sub-Clause/Clause

Remarks

8.2

Other Contractors

The EPC MUST prepare a Contractors’ Environmental and Social Management Plan (CESMP) that will be reviewed and approved by TCN and the World Bank safeguards team. This CESMP will form part of the contract with the EPC as it contains its declaration and commitment towards the sustainable implementation of the project in compliance with the environmental policies of the Federal Ministry of Environment and the safeguards of the World Bank.

 

Gender-Based Violence (GBV)/Sexual Exploitation and Abuse (SEA): – When a largely male workforce from outside a community is housed and/or working near the community, the potential for sexual activity between workers and local women exists.  Experience shows that the situation has the potential to result in instances of gender-based violence and sexual exploitation and abuse of women and children.  ESMPs must include mitigation measures to prevent GBV and SEA as well as monitoring and reporting measures to ensure that if it occurs, it is promptly brought to the attention of management and the proper authorities.

 

Mitigation Measures   

 i.   Minimize influx through giving local communities first priority when hiring unskilled workers and, to the extent qualified applicants are available, semi-skilled and skilled workers.

ii. Measures to avoid SEA, GBV, or other social conflict, required to be listed in the Contractors Environmental and Social Management Plan (CESMP) should also include:

Ø Mandatory awareness raising for the workforce about refraining from unacceptable conduct toward local community members, specifically women and the vulnerable;

Ø Awareness-raising to sensitize host communities, with special attention to women and the vulnerable, about the social and health risks of sexual engagement with the workforce;

Ø Informing workers about national laws that make sexual harassment, exploitation of children, and gender-based violence a punishable offence which is prosecuted and which will be reported to the authorities;

Ø Developing a Worker’s Code of Conduct to be made a part of employment contracts, and including sanctions for non-compliance (e.g., termination, suspension, penalty fee) and

Ø Contractors adopting a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violence.

iii.   TCN and contractor should consult with the local community representatives including women regarding potential for SEA or GBV and appropriate measures to prevent and respond to it.

iv.   TCN should ensure that contractor’s GRM is robust and operating.

v.   Ensure that the implementation of the CESMP, including labor management plan are enforceable provisions of the construction contract.

 

9.4.1, 9.4.2, 9.4.7, 9.4.8

labor

Occupational Health and Safety

i. Working in confined spaces:

a.    Adequate lighting in dark working areas.

b.   Provision of smoke extractors.

c.    Installation of industrial fans for adequate ventilation.

d.   Conservation of energy in the work place – Installation of white energy saver bulbs/flood lamps.

e.    Working environment must be safe at all times.

f. Use of nose masks when working in areas where smoke/dust is generated.

ii.   Working at height :

a.    Erection of scaffolds

b.   Use of harness belt

c.    Provision of safety net

 

iii. Working Surfaces:

The employer must ensure:

a.    All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.

b.   The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. When wet processes are used, drainage must be maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats must be provided.

c.    Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, and spills.

d.   Loads: The employer must ensure that each walking-working surface can support the maximum intended load for that surface.

e.    Access and egress: The employer must provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces.

iv) Inspection, maintenance, and repair: The employer must ensure:

a.    Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition.

b.   Hazardous conditions on walking- working surfaces are corrected or repaired before an employee uses the walking-working surface again. If the correction or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking–working surface until the hazard is corrected or repaired and,

c.    When any correction or repair involves the structural integrity of the walking-working surface, a qualified person performs or supervises the correction or repair.

 

9.4.6

Facilities for Staff and Labor

The EPC should provide at least decent standards of the following facilities wherever its staff will be working;

  • Living and office accommodations
  • Sanitary and toilet facilities
  • Washing facilities, hand, surface and air sanitizers
  • Working and disposable hand gloves
  • Drinking water
  • Changing rooms and lockers
  • Rest Facilities
  • Canteen

9.4.20

Training of Contractor’s Personnel

·   Training should address the task required to be executed by the employee.

·   The duration of the training should be sufficient for the complete delivery of the subject matter.

·   The training MUST be conducted by a competent/accredited person in the field in question.

·   The content of the training should address all areas where skill gaps exist.

·   No personnel MUST be assigned to any task for which he/she has not been adequately trained.

15.2

Contractor to Construct the Works

· The EPC should use a combination of enabling technologies—hardware, software, or practices—that collectively make the electric power infrastructure environment friendly, more safe, secure, reliable, self-healing, efficient, and sustainable thus, working towards achieving the objective of upgrading the TCN Grid in its true sense.

· All buildings to be used by persons working on or visiting the project sites MUST be universal (must be accessible and usable by everyone, including people with disabilities.  

· The EPC MUST put in place appropriate measures to warn the public of the various hazards associated with the proposed construction activities and as well establish protocols to adequately mitigate these risks. The proposed mitigation measures MUST;

· Anticipate and avoid adverse impacts on the health and safety of project-affected communities during the project life cycle from both routine and non-routine circumstances.

• Promote quality and safety, and considerations relating to climate change, in the design and construction of infrastructure.

• Avoid or minimize community exposure to project-related traffic and road safety risks, diseases and hazardous materials.

• Have in place effective measures to address emergency events.

• Ensure that the safeguarding of personnel and property is carried out in a manner that avoids or minimizes risks to the project-affected communities. In doing this the EPC should consider the following aspects:

a.    Infrastructure and equipment design and safety

b.   Safety of services

c.    Traffic and road safety

d.   Ecosystem services

e.    Community exposure to health issues

f. Management and safety of hazardous materials

g.   Emergency preparedness and response

h.   Security personnel

The EPC should promptly and effectively:

a.    Communicate the identified hazardous event to the community through a means and language clearly understood by them.

b.   Use of warning signs and symbols at strategic location to label equipment/work sites deserving of such attention.

 

18.2

Health and Safety Obligations

The EPC must have in its personnel, suitably qualified HSE experts that are conversant with the World Bank Health and Safety policies (ESF) for the implementation of the project on each project site.

Potential impacts to workers and public health and safety during construction phase of the rehabilitation of the control centers are similar to those associated with any construction project involving earth moving, use of large equipment, transportation of overweight and oversized materials, and construction and installation of facilities. These include fall from height, objects falling on persons, slips and trips, electrocution, fire, injuries due to manual handling etc.

 

 Impact significance

Impacts associated with health and safety are significant because most of the activities on site during construction will require interaction of humans with equipment and construction materials. This impact is thus a Major one.

 

Proposed Mitigation Measures

Both National and World Bank EHS general guidelines on occupational health and safety require that:

i.    The contractor should assign a health and safety supervisor who ensures the workers adhere strictly to prescribed H&S procedures.

   ii.   The contractor should make health and safety facilities available in the project site.

  iii.   Contracts should be registered with the health facilities close to the construction site.

  iv.   Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall-arrested workers be enforced,

v.   Harness belts should be provided for all personnel working at height and should be of not less than 16 millimeters (mm) (5/8 inch) two-in-one nylon or material of equivalent strength. These should be replaced before signs of aging or fraying of fibers become evident.

  vi.   When operating power tools at height, workers should use a second (backup) safety strap.

vii.   Testing structures for integrity prior to undertaking work be enforced.

  viii.   A security guard should be assigned to ensure that the community people are not stepping into the project sites. He should pay attention to children and aged people.

  ix.    A tagging system to identify faulty equipment or equipment under maintenance or installation be established.

x.   Clock-in, clock-out and duty/equipment handing over system be established at all work sites.

  xi.   Use of only adequately trained personnel be used for any particular task.

xii.   The Contractor MUST not, under no circumstance, use personnel that are adequately trained or faulty/unsuitable equipment for any task.

 

Safety of Mechanical Equipment

In addition to the above, the following measures shall be adopted to ensure that all equipment used on site are in good functional state:

  i.   All mobile mechanical equipment shall be operated by authorized personnel and has a valid license

ii.   All equipment shall be checked prior to use by qualified personnel

  iii.   Brakes, lights, tire pressures and batteries shall be inspected before using the equipment

  iv.   Revolving lights must be used for heavy duty vehicles

v.   The design capacity of any equipment shall never be exceeded. The equipment shall not be modified to alter its capacity

  vi.   All drivers shall have a valid driving license

vii.   Equipment that could present a hazard to personnel, if accidentally activated during the performance of installation, repair, alteration, cleaning or inspection work shall be made inoperative prior to state of work

   viii.   Equipment, which is subject to unexpected external physical movement such as rotating, turning, dropping, sliding etc., mechanical and/or structural constraint, shall be controlled to prevent such movement

   ix. All equipment, which are locked or taken out of service, because of potentially hazardous condition, shall be appropriately tagged indicating the reason for being taken out of service.

 

 

18.3

Protection of the Environment

The EPC MUST comply with the following permissible limits for the following emissions;

 

 

Requirements of WB

Noise

Receptor

One hour LAeq(dBA)

Day time 7 a.m.  to 10 p.m.

 Night time 10 p.m.to 7 a.m.

Residential

55

45

Industrial

70

70

Maximum permissible limit for noise intensity (World Bank requirements)

 

 

 

 

World Bank Requirements  (µg/m3)

 

Ambient air parameters

Ambient air pollutants threshold

according to WHO

Air Quality

Exposure period

1 hr

8 hr

24 hr

1 year

Carbon monoxide CO µg/m3

N/A

N/A

N/A

N/A

Sulfur dioxide SO2  µg/m3

N/A

N/A

125

N/A

Nitrogen oxides NOx  µg/m3

200

N/A

N/A

40

 

Particulates PM10 µg/m3

N/A

N/A

150

70

 

Particulates PM2.5 µg/m3

N/A

N/A

N/A

N/A

 

TSP µg/m3

N/A

N/A

230

80

 

Ozone

N/A

160

100

N/A

 

Standards for ambient air quality

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29.1

Security of the Site

In providing security at the various sites the EPC MUST;

· Assess risks posed by these security arrangements to those within and outside the project site.

· The EPC MUST be guided by the principles of proportionality and Good International Industry Practice (GIIP), and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such security workers.

· The Borrower will not sanction any use of force by direct or contracted workers in providing security except when used for preventive and defensive purposes in proportion to the nature and extent of the threat.

· The EPC will seek to ensure that government security personnel deployed to provide security services act in a manner consistent with paragraph c above, and encourage the relevant authorities to disclose the security arrangements for the EPC’s work sites to the public, subject to overriding security concerns.

· The EPC will; (i) make reasonable inquiries to verify that the direct or contracted workers retained by it, to provide security are not implicated in past abuses; (ii) train them adequately (or determine that they are properly trained) in the use of force (and where applicable, firearms), and appropriate conduct toward workers and affected communities; and (iii) require them to act within the applicable law and any requirements.

· The EPC will review all allegations of unlawful or abusive acts of security personnel, take action (or urge appropriate parties to take action) to prevent recurrence and, where necessary, report unlawful and abusive acts to the relevant authorities.

 

 

Management and Safety of Hazardous Materials

This sub-sections addresses wastes with properties that make them dangerous or capable of having harmful effects on human health or the environment. The following questions should be asked in determining whether a waste fills in this category or not;

  1. Is the material in question a solid waste?
  2. Is the material excluded from the definition of solid waste or hazardous waste?
  1. Is the waste delisted?

The chart below shows the flow in the query to determine whether a material/substance is hazardous or not;

 

 

 

Step 1: –    Determines if the material is a solid waste

Step 2: –    Decides whether the waste is specifically excluded from the list of hazardous solid wastes.

Step 3: – Investigates whether or not the waste is a listed or characteristic hazardous waste.

Step 4: –    Confirms if the waste in question is delisted from the accredited list of    hazardous wastes.

 

A hazardous Waste Management System should be established at each substation to ensure effective management of hazardous waste substances associated with the rehabilitation project. This will ensure that hazardous wastes are managed safely from the time they are generated through while they are transported, treated, and stored, until they are disposed.

 

The EPC will;

  1. Avoid or minimize the potential for community exposure to hazardous materials and substances that may be released by the project. Where there is a potential for the public (including workers and their families) to be exposed to hazards, particularly those that may be life threatening, the EPC will exercise special care to avoid or minimize their exposure by modifying, substituting, or eliminating the condition or material causing the potential hazards. Where hazardous materials are part of existing project infrastructure or components, the EPC will exercise due care during construction and implementation of the project, including decommissioning, to avoid exposure to the community.

 

  1. Implement measures and actions to control the safety of deliveries of hazardous materials, and of storage, transportation and disposal of hazardous materials and wastes, and will implement measures to avoid or control community exposure to such hazardous material.

 

Hazardous Waste Generation

The wastes generated during the rehabilitation/re-enforcement projects under NETAP must be properly screened to determine whether they are hazardous or not. The Contractors must oversee the ultimate fate of the wastes they generate in the course of the implementation of the NETAP projects. In this regard, all NETAP Contractors MUST properly and fully document that the hazardous waste that they produce is properly identified, managed, and treated prior to recycling or disposal.

 

Hazardous Waste Transportation

Hazardous waste transportation involves all the processes of moving the waste after it is generated to when it is disposed. This includes movement to where it is treated, stored or disposed. It is the duty of the Contractor to ensure that the waste transporter complies strictly with the appropriate regulations regarding waste transportation in Nigeria.

 

Hazardous Waste Recycling, Treatment, Storage and Disposal

A good number of hazardous wastes can be recycled safely and effectively. This has the benefit of reducing the consumption of raw materials and the volume of waste materials that must be treated and disposed. Other wastes must, however, be treated and disposed of in landfills or incinerators.

 

Failure to comply with the appropriate regulations governing waste treatment, storage, recycling and disposal  might cause spills, leaks, fires, and contamination of soil and drinking water. To encourage hazardous waste recycling while protecting health and the environment, the United States of America Environmental Protection Agency (EPA) developed some guidelines to ensure recycling would be performed in a safe manner.

 

Generally speaking processes that handle large volumes of waste usually present a higher degree of risk.

 

Mitigation Measures

A hazardous waste management plan should be put in place to direct actions to be undertaken to ensure environmentally sound management of hazardous wastes. The plan must specify s the roles and responsibilities of the client and the Contractor as well as the mode of identification of hazardous wastes, safe handling, collection point and appropriate training for staff involved in its management and disposal.

 

General Guidelines for Handling Hazardous Wastes

It is totally prohibited to dump or dispose of any hazardous wastes in uncertified sites or use uncertified means of transporting such wastes. The following guideline will help ensure effective hazardous waste management:

  • All hazardous wastes must be recycled or disposed off-site by a licensed hazardous waste contractor as highlighted in more details below:
  1. Storage containers must be in good condition,
  2. The waste placed in the container must be compatible with the container,
  • Containers must be clearly and legibly labeledHazardous Waste, with the chemical name (no abbreviations or chemical formulas) and quantity (percentage) of the contents listed. The label must be firmly attached to the container,
  1. Containers must be placed next to or near the process that generates the waste,
  2. Containers MUSTbe kept closed at all times except when adding or removing waste. Do not leave a funnel in the hazardous waste container,
  3. Containers must be segregated by hazard class (e.g. acids from bases and flammables),
  • All satellite accumulation areas must be under the control of the operator of the process generating waste,
  • Containers and area must be inspected at least weekly for leakage,
  1. Complete appropriate waste manifest forms before leaving the evacuation site.
  • Hazardous waste disposal contracts are to be developed and administered by the Hazardous Waste

 

Management of the waste accumulation area (WAA)

The WAA shall be designed to accommodate for a separate fenced and shaded area for the accumulation of hazardous wastes pending collection – this could be a closed container. The hazardous Material Coordinator is responsible for managing this area and ensuring that:

  1. The area is secure with limited admission and must be signed with the signage as: “DANGER – HAZARDOUS WASTE STORAGE AREA”; and “UNAUTHORIZED PERSONNEL – KEEP OUT”,
  2. The area is inspected weekly,
  • Hazardous waste is being registered
  1. Hazardous wastes shall be registered in a hazardous waste register containing the following information:
    • Name and address of the establishment/pr
    • Person responsible for maintaining the hazardous waste register
    • The temporal boundaries for the current data
    • Log of hazardous waste held at the storage area including the common name, the characteristics (physical form) and amount (weight/volume) of waste that is being transported off-si
    • A map indicating the location of accumulation are
    • MSDSs and waste analyses used to characterize waste streams.
    • Hazardous waste transportation means
    • waste’s destination and disposal methods
    • Waste storage area monthly inspections records and recommendations
    • Records of all spill incidents which required implementation of the Spill Emergency plan or any other corrective actions with regards to hazardous waste handling and storag
    • Training records, Manifests and bills of lading for hazardous (and non-hazardous) wastes. These records shall be filed indefinitely in an official file maintained by the Hazardous Materials Coordinator and a duplicate file maintained at the Plant Manager’s off
  2. Clear and correct labels are placed on the different storage containers,
  3. The containers are inspected monthly for leaks or any other form of damage and are kept in good condition,
  • No mixing of different hazardous waste streams is taking place,
  • The area is properly shaded from rain and sun heat/light,
  1. Must have a water supply,
  2. Must be accessed from at least two sides for emergency,
    • Hazardous waste can be stored in drums, containing small quantities of liquid and solid waste, in order to be easy to handle and to allow proper segregation of incompatible wastes such as reactive substances.

 

Hazardous Waste Collection and disposal

Special waste which couldn’t be recycled should be disposed of in controlled areas within certified disposal sites. Secured accumulation areas for the collected hazardous wastes (separate or integrated with the WAA) shall be provided on site where necessary with records being kept of the type, amount and date of collection as described above. Transportation of hazardous wastes could be performed quarterly by certified contractors.

 

  Awareness

Project’s stakeholders should be aware of the disposal procedure of hazardous wastes and the possible environmental risks associated with them.

 

Minimization

Waste minimization procedures should be adopted during the operation. The supervisor should make sure that the procedures implemented according to the design measures.

 

Monitoring Activities:

No  monitoring  activities  are  required  for  construction  waste  as  long  as  the  above mitigation measures are implemented,

There should however be a form prepared by TCN Environment/HSE Department with which the Substation EHS Officer is to keep records of quantities, types of scrap received in the store and the location where it has been received from.

Reporting

The monthly report of the construction contractor should include how well the contractor complied with the above measures and any issues observed by the site supervisor about mismanagement of construction waste during the month under consideration.

The EHS officer should prepare a monthly report including received scrap items, sold and disposed items.

 

Resource Efficiency and Pollution Prevention and Management

  • Pollution prevention and management

Management of air pollution:

Air emissions are expected to be associated with Excavation, filling, loading, transportation and unloading of soil and raw materials. Though these are temporary, they tend to raise the particulate matter concentration on ambient air. Other sources of air emissions during construction include exhaust fumes from vehicles at the work site. The extent of these emissions depends on the number, type and condition of the machinery working at the site at every point in time as well as the climatic conditions. The amount of dust that would be generated is not high as the soil in the project areas is not the loose type and the roads are laid with asphalt. The impact is thus regarded as Minor.

 

Proposed Mitigation measures

The following measures will significantly mitigate these impacts due to air emissions:

  1. Store construction materials in pre-identified storage areas,
  2. Cover friable materials during storage,
  • Regulation of speed to a suitable speed (30 km/h) for all vehicles entering the site.
    1. Implement preventive maintenance program for vehicles and equipment working on site and promptly repair vehicles with visible exhaust fume.
  1. Using locally available materials whenever possible thus limiting the travel distance.
    1. Reducing the distance and number of trips will result in an overall reduction in in gaseous and carbon emissions.

 

Monitoring Activities

An inspection  must  be  conducted  on  implementation  of  the  site  rehabilitation management plan.

Reporting

The observer should report on the status of the implemented rehabilitation plan monthly basis.

 

Management of nonhazardous wastes:

Non-hazardous solid waste, especially scrap materials occupy a  large area of land, limit accessibility for cleaning and housekeeping, accumulates dust, provide suitable habitats for insects, rodents and reptiles and  affect the general appearance and aesthetic considerations. It is recommended to have certain designated areas for collecting scrap materials in each location. These include excavated soil, concrete materials, scrap wood from equipment containers, PVC materials from wraps, pipes and insulation material, trimmings of steel, Metals, wood, cement bags , sand and gravel,  scrap cables, garbage from daily activities of workers etc.

 

Excavations

These include all materials produced from digging to provide space for equipment foundations and support.

The following mitigation measures should be applied to address the impacts due to excavations:

  1. All excavations shall be made in accordance with the approved drawings.
    1. The sides of all excavations, which might expose personnel or facilities to danger resulting from shifting earth shall be protected by providing slope to the appropriate angle of repose or benching in the sides and ends of the excavation or ladders must be used and secured, enough to withstand at least 1 meter above the top of the excav
    2. All excavation deeper than 5 meters must have barriers and toe boards around the outside to-prevent persons and material failing into the excavation. Barriers must be of a strength that is capable of withstanding the weight of a person falling against the barrier. Barriers shall be readily visible by day or night.
  2. All persons in excavation must wear safety helmets and safety boots
    1. Vehicles and other machineries or construction equipment must not be allowed to come within 2 meters of an excavation unless working in connection with the excava

 

Monitoring Activities for Excavations

  1. An inspection must be conducted at the end of the work to ensure that the excavation has been left in a safe manner. Heavy loads shall not be put on the edge of the excavation.
  2. The observer must conduct monitoring of the safety tools for the workers and the vehicles restrictions along the excavation and trenching sites.

 

Reporting

The observer should report accidents or the worker’s non-compliance on a monthly basis.

 

Building Materials

The rehabilitation of control room buildings will usually involve complete or partial demolition of the existing one. Though most TCN control room buildings have concrete roofs, the following measures have been put in place to address minor incidences of Asbestos handling;

All Asbestos materials should be collected in suitable double air tight PE bags with adequate thickness to bear the asbestos waste. The waste removal and soil clean-up should be undertaken by a professional asbestos contractor. The procedures to be followed in such activity normally includes:

  1. Wetting all waste items and underneath soil before any handling,
  2. Careful placement of wet asbestos waste in suitable container bags,
  • Cutting large items should be avoided unless they couldn’t be fitted in the containment. In such cases the cutting tool should be carefully selected to suit cutting wet materials,
  1. Parts of the soil should also be placed in containers bag in wet condition for cleaning the area.
  2. The waste area should be isolated and all workers involved in removing waste and cleaning the site should wear full protection clothing and respiratory protection.

All cloth used during clean-up should be disposed in double container bags as described above.

  1. Asbestos waste should be handled and transported by qualified hazardous waste contractors.
  • Clear warning signs should be fixed inside and outside the affected room.

Any maintenance practices, such as cleaning nearby shelves or using sharp tool in a   nearby fixture, within these buildings should consider the following precautions;

  • The area of maintenance should be isolated and provided with portable ventilation equipment,
  1. By all means, sawing, sanding and drilling asbestos is prohibited,
  2. In case accidental disturbance occurred to an asbestos surface the area should be evacuated,
  3. Only workers wearing full protective cloth and respiratory protection could enter the area for repairing the damaged part either through encapsulation in plaster or latex paint and adequately wet any asbestos waste which should be collected, along with contaminated cloth, in double thick air-tight plastic bags. In such cases air sampling should be undertaken to ensure that the damage has been effectively repaired,
  • All above measures should be supervised by HSE staff that has received professional asbestos training,
  • The wastes generated shall be contained in a concrete box and stored in hazardous waste designated area since no engineered sanitary landfill is available in Nigeria.

It is important to adequately manage solid wastes because of their potential to carry hazardous wastes and also cause negative visual impacts. The following mitigation measure are recommended to reduce the significance of the impacts of solid wastes:

  1. Use of only officially designated disposal sites by the Contractor for all construction wastes,
  2. Use of appropriate disposal trucks for the evacuation and disposal of construction wastes,
  3. The contractor should ensure that the trucks are not overloaded and that the waste is adequately contained inside the rear box or covered to prevent dust or particles movements from the truck,
  4. The Evacuation and disposal of wastes from the substation must be properly supervised,
  5. The on-site waste accumulation area (WAA) in the substation shall be designed to accommodate the expected amounts and different types of wastes. It should be covered and provided with adequate flooring for possible access of forklifts and small trucks. EHS officer should keep separate areas for each type of waste, keep internal passages inside the WAA for facilitating access and should order for regular cleansing of the a Records of the admitted waste shall be kept in a register and before the WAA is full.

To achieve the above objectives it is recommended that the Contractor should;

  1. Develop an inventory for non-hazardous scrap materials for each site. This will help quantify the volume of such wastes and facilitate proper handling and disposal.
  2. Provide waste collection bins at selected points. The bins should be designated for each type of waste based on the waste segregation code provided below;
  • Green – recyclable non-hazardous materials
  • Blue – non-recyclable, non-hazardous materials
  • Red – all hazardous waste materials
  • Yellow – clinical wastes for incineration

 

  1. Conduct Training on waste handling and disposal for the substation personnel (especially the HSE team) and construction workers,
  2. Establish designated waste storage sites and disposal at these sites should be closely monitored to ensure prompt evacuation, to avoid over-spills at waste sites that fill quickly.
  3. An authorized waste handling firm be appointed to evacuate the waste from the disposal site at regular intervals.
  • Road Safety

Construction activities will involve the movement of personnel, construction materials and equipment to and from the project site. This could cause traffic jams with its attendant social problems that could degenerate into chaos if not properly managed. The increase in the volume of traffic also puts a strain on the road infrastructure leading to the premature wear and tear of same greatest potential for traffic impacts to occur arises during the periods of peak construction activities.

The impact due to traffic could be classified as medium. 

 

Proposed Mitigation measures:

 

  1. Traffic routes must be prearranged with the Local Government Council.
    1. Access at entry and exit points to works sites should be controlled and heavy trucks should be assisted by traffic controllers
  • Ensure that warning signs are clear and visible at night.
  1. Limiting the speed within Site.
  2. Place visually clear instructions in areas close to Construction site.

 

Monitoring activities

 

The Contractors under the supervision of TCN to be done whenever needed.

 

Reporting

A monthly report on any observations or complaints about traffic and accidents.

 


 

  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 or activities. For example, normally the cost of implementing work place safe systems of work, including the measures necessary for ensuring traffic 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, GBV/SEA awareness and sensitization or to encourage the contractor to deliver additional ES outcomes beyond the requirement of the Contract.

 

 

S/N

CLASS OF ASSOCIATED IMPACT

POTENTIAL SPECIFIC  IMPACT

TIMING OF OCCURENCE

FREQUENCY/DURATION

SIGNIFICANCE OF IMPACT

PROPOSED MITIGATION MEASURES

 

1

 

Wastes

 

Storm water

 

 

 

 

 

 

Effluents

 

During civil works at the beginning of the project (After rains).

 

Release of waste fluids from transformer oil filtration process, paints, grease etc. (Installation).

 

Throughout the rainy season/

One month

 

 

 

 

8 months

 

Medium

 

 

 

 

 

 

Major

 

o   Construction of storm-water drains from the point of discharge;

o   Clearing of all existing drainage channels within the project site;

 

 

 

o   Effluents should be collected into impervious collectors at the point of discharge;

 

Excavations

 

Beginning of project (civil works).

 

6 months

 

Minor

 

o Clean-up and restoration of excavation sites IMMEDIATELY the equipment foundations are erected.

 

Building Materials

 

Beginning of project and during all civil works

 

6 months

 

Major

o Provision of an onsite storage facility for the building materials

o   Store all building materials in a safe and conducive environment as well as away from the general public

 

 

Other non-hazardous wastes

 

During installation

 

8 months

 

Medium

 

o Provision of waste collection bins at appropriate places within the project site.

o Segregation of wastes based on the agreed colour codes.

o Prompt collection and disposal of wastes at designated dump sites by appropriate waste collectors.

 

Hazardous Wastes (PCBs) and other hazardous substances.

 

Decommissioning of equipment to be replaced.

 

 

 

 

 

 

 

During installation

 

1 months

 

 

 

 

 

 

 

 

8 months

 

Major

o  Collect waste paint, solvents, antifreeze, oil and grease, and other hazardous chemicals for community recycling.

o  Dispose of pesticide container rinse water by spreading it on fields or lawns at the proper application rate.

o  Contain any unusable wastes, spills and drips for appropriate disposal.

o  Locate all hazardous waste products and activities, including mixing and storage, on a surface which will prevent spilled materials from entering ground water.

o  Segregate different types of waste in storage to prevent dangerous chemical reactions that could release the products.

o  Have emergency equipment, such as adsorbents and shovels, ready to contain spills.

 

2

 

Emissions

 

Air Emissions

 

o  During site clearing

o  Movement of vehicles on un-tarred access roads

o  From exhaust fumes of project vehicles

 

1 month

 

 

8 months

 

 

 

 

 8 months

 

 

 

 

Minor

 

o   Surface access roads and on-site roads with aggregate materials, wherever appropriate.

o   Minimize the amount of disturbance and areas cleared of vegetation.

o   Reduce project-related greenhouse gas emissions in a manner appropriate to the nature and scale of project operations and impacts.

o   Enact fugitive dust and vehicle emission controls.

o   Use dust abatement techniques on unpaved, un-vegetated surfaces to minimize airborne dust during earthmoving activities, prior to clearing, excavating, backfilling, compacting, or grading, and during blasting.

o   Establish and enforce speed limits to reduce airborne fugitive dust.

o   When feasible, shut down idling construction equipment.

 

Noise Emissions

 

 

 

Minor

 

o   Substitute a less noisy process. For example, use a hydraulic block splitter rather than a cut-off saw to cut blocks.

 

 

o   Remove people from the vicinity of noisy work. For example, use a machine mounted breaker on an excavator with a good quality cab and exclude other people from the area while the breaker is in use.

o   Select quiet equipment. For example, compare noise levels from power tools when buying or hiring equipment. Use information from the manufacturer or supplier, and choose the quietest tools that are effective for the job. You can also reduce noise when selecting other types of tool. For example, choose plastic or rubber hammers, rather than metal, to free collars on falsework legs.

o   Use of appropriate PPEs (Ear muffs).

 

 

3

 

Health and Safety

 

Fall from Height

 

During installation

 

8 months

 

Major

 

o   Identify all Fall Hazards on site

o   Communicate the potential fall hazards to all workers/visitors on site through tool-box talks and training

o   Provide appropriate PPEs for all personnel exposed to any particular fall height associated with their tasks Enforce compliance with fall hazard

 

prevention protocol established for the project through appropriate supervision and use of PPEs.

 

Objects falling on persons

 

During installation

 

8 months

 

Major

 

o   Avoid  working under unstable, suspended equipment/materials

o   Use of Appropriate PPE (Hard Hat).

o   Effective supervision of workers if work must be done under such conditions.

 

Slips and Trips

 

Mostly during civil works (excavation of foundation pits).

 

3 months

 

Major

 

o   Design of workplace & work processes that eliminate or reduce exposure to Slips & Trips

(Design workplace & processes to prevent potential exposures to slip & trip hazards)

o   Good housekeeping (Maintain clear, tidy work areas free of clutter).

o   Safe walking practices

(Follow safe walking practices & routes).

o   Wearing proper footwear

(Wear proper footwear with good traction).

 

o  Contain work processes to prevent discharge, splatter, or spillage of liquids, oils, particles, dusts & offal onto floor (Local exhaust ventilation, Extraction/collection systems, Enclosures, Work surfaces with raised or lipped edges, , Catch/drip pans, drain-offs).

o  Use drip trays to contain leaks of lubricant onto floor from machinery

o  Perform regularly scheduled maintenance

o  Use adequate ventilation to avoid smoke, steam & condensation of water & grease onto floor

o  Provide adequate lighting to keep work areas, aisles & paths of travel well lit

o  Mark/highlight step edges & transition areas (changes in elevations)

o  Use anti-skid paint, slip-resistant coatings & strips

o  Ensure stairs have sufficient lighting & hand rails

o  Provide effective drainage, false floors or work platforms

o  Install slip-resistant floors in high risk areas.

 

Injuries due to manual handling

 

Throughout the project but more likely during civil works and installation.

 

12 months.

 

Medium

 

Appropriate mechanical equipment should be used for lifting heavy items

If manual lifting must be done then:

o   Get a secure grip.

o   Use both hands whenever possible.

o   Avoid jerking by using smooth, even motions.

o   Keep the load as close to the body as possible.

o   To the extent feasible, use your legs to push up and lift the load, not the upper body or back.

o   Do not twist your body. Step to one side or the other to turn.

o   Alternate heavy lifting or forceful exertion tasks with less physically demanding tasks.

o   Take rest breaks.

 

When working with Power Tools:

o   Never carry a tool by the cord or hose.

o   Never yank the cord or the hose to disconnect it from the receptacle.

o   Keep cords and hoses away from heat, oil, and sharp edges.

o   Disconnect tools when not using them, before servicing and cleaning them, and when changing accessories such as blades, bits, and cutters.

o   Keep all people not involved with the work at a safe distance from the work area.

o   Secure work with clamps or a vise, freeing both hands to operate the tool.

o   Avoid accidental starting. Do not hold fingers on the switch button while carrying a plugged-in tool.

o   Maintain tools with care; keep them sharp and clean for best performance.

o   Follow instructions in the user’s manual for lubricating and changing accessories.

o   Be sure to keep good footing and maintain good balance when operating power tools.

 

o   Wear proper apparel for the task. Loose clothing, ties, or jewellery can become caught in moving parts.

o   Remove all damaged portable electric tools from use and tag them: “Do Not Use.”

 

Electric Shock

 

During installation

 

8 months

 

Major

 

o A tagging system to identify faulty equipment or equipment under maintenance or installation be established.

o Clock-in, clock-out  and duty/equipment handing over system be established at all work sites

o Use of only adequately trained personnel be used for any particular task – the Contractor MUST not, under no circumstance, use personnel that are not adequately trained or faulty/unsuitable equipment for any task.

o Proper outage system on live equipment to be worked must be established and enforced.

 

 

4

 

Socio-Economic

 

Movement of vehicles and equipment.

 

Delivery of equipment to site.

 

2 month

 

Minor

 

o   Traffic detour routes must be prearranged with the Local Government Council.

o   Access at entry and exit points to works sites should be controlled and

o   heavy trucks should be assisted by traffic controllers

o   Ensure that warning signs are clear and visible at night.

o   Limiting the speed within Site.

o   Place visually clear instructions in areas close to Construction site.

 

Power Outage

 

During installation

 

Intermittently within 8 months

 

Minor

 

o   Provision of alternative source of power supply to residents that may be affected by the knocking off of their regular   supply channel.

o   Sensitization of the impacted customers through radio announcements, newspaper adverts and other public notices.

o   An outage plan should be prepared in conjunction with the Contractor and this should and strictly adhered to by TCN and the Contractor.

 

HIV/AIDS and other STIs Counselling

 

Throughout  project life

 

Throughout project life (12 months)

 

Major

 

o   HIV/AIDS Sensitization/awareness campaigns/workshops. Sensitization programme should

include provision for special targeting of girls and young women, as well sex workers and other At Risk populations around the project area.

o Voluntary HIV/AIDS testing for Contractor staff.

o   Distribution of condoms.

 

Gender-based Violence and Sexual Exploitation and Abuse

 

During construction and installation

 

Throughout project life (12 months)

 

Major

 

·   Minimize influx through local hiring

·   Require the contractor to include in the Contractors Environmental and Social Management Plan (CESMP) measures to avoid SEA, GBV, or other social conflict, including:

o mandatory awareness raising for the workforce about refraining from unacceptable conduct toward local community members, specifically women;

o informing workers about national laws that make sexual harassment, exploitation of children, and gender-based violence a punishable offence which is prosecuted;

o  Code of conduct to be established for contractor employees and contract workers, acknowledging a zero-tolerance policy towards child labor ;  child sexual exploitation  as well as Sexual and Gender Based Violence .The code of conduct will be  a part of employment contracts for each contractor staff, and will include sanctions for non-compliance (e.g., termination), and

o Contractors adopting a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violence.

o TCN and Contractor should consult with local community representatives including women regarding potential for SEA or GBV and appropriate measures to prevent and respond to it.

o TCN should ensure that contractor’s GRM is robust and operational

o Ensure that implementation of the CESMP (or influx management plan if there is one) is an enforceable provision of the construction contract


S/N

ITEM

SPECIFICATIONS

QUANTITY

1

Digital Cameras with GPS

 24 Mega Pixels, Wi-fi, water-proof, GPS, 

2

2

Training

Offshore Training on OH&S/GBV/SEP @ USA, UK or UAE x 2persons for 1year

2

Capacity building for the TCN-PMU safeguards team

 

 


Key Personnel

[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.]

Contractor’s Representative and Key Personnel

 

Item No.

Position/specialization

Relevant academic qualifications

Minimum years of relevant work experience

1

Contractor’s Representative

 

 

2

[Environmental]

[e.g. degree in relevant environmental subject]

[e.g. [years] working on road contracts in similar work environments]

3

[Health and Safety]

 

 

4

[Social]

 

 

5

Sexual Exploitation, Abuse and Harassment

 

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

 

[e.g.  5 years of monitoring and managing risks related to gender-based violence, out of which 3 years of relevant experience in addressing issues related to sexual exploitation, sexual abuse and sexual harassment]

 

 

Drawings

 

LOT 1

AS CONTAINED IN ANNEX 1 FOR BENIN

 

 

 

LOT 2

AS CONTAINED IN ANNEX 2 FOR IKEJA WEST

 

 

Supplementary Information

 


 

PART 3 – Conditions of Contract and Contract Forms


Section VIII – General Conditions of Contract

 

 

These General Conditions of Contract (GCC), read in conjunction with the Particular Conditions of Contract (PCC) and other documents listed therein, should be a complete document expressing fairly the rights and obligations of both parties.

 

These General Conditions of Contract have been developed on the basis of considerable international experience in the drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more straightforward language.

 

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

 

 

 

Table of Clauses

  1. General 197
  2. Definitions. 197
  3. Interpretation. 200
  4. Language and Law.. 201
  5. Project Manager’s Decisions. 201
  6. Delegation. 201
  7. Communications. 201
  8. Subcontracting. 201
  9. Other Contractors. 202
  10. Personnel and Equipment 203
  11. Employer’s and Contractor’s Risks. 209
  12. Employer’s Risks. 209
  13. Contractor’s Risks. 210
  14. Insurance. 210
  15. Site Data. 211
  16. Contractor to Construct the Works. 211
  17. The Works to Be Completed by the Intended Completion Date. 211
  18. Approval by the Project Manager 212
  19. Health, Safety and Protection of the Environment 212
  20. Archaeological and Geological Findings. 215
  21. Possession of the Site. 215
  22. Access to the Site. 215
  23. Instructions, Inspections and Audits. 216
  24. Appointment of the Adjudicator 216
  25. Procedure for Disputes. 217
  26. Fraud and Corruption. 217
  27. Stakeholder Engagement 217
  28. Suppliers (other than Subcontractors) 218
  29. Code of Conduct 219
  30. Security of the Site. 219
  31. Time Control 220
  32. Program and Progress Reports. 220
  33. Extension of the Intended Completion Date. 221
  34. Acceleration. 222
  35. Delays Ordered by the Project Manager 222
  36. Management Meetings. 222
  37. Early Warning. 222
  38. Quality Control 222
  39. Identifying Defects. 222
  40. Tests. 223
  41. Correction of Defects. 223
  42. Uncorrected Defects. 223
  43. Cost Control 223
  44. Contract Price. 223
  45. Changes in the Contract Price. 223
  46. Variations. 224
  47. Cash Flow Forecasts. 225
  48. Payment Certificates. 226
  49. Payments. 227
  50. Compensation Events. 227
  51. Tax. 229
  52. Currencies. 229
  53. Price Adjustment 229
  54. Retention. 230
  55. Liquidated Damages. 230
  56. Bonus. 230
  57. Advance Payment 230
  58. Securities. 231
  59. Dayworks. 231
  60. Cost of Repairs. 231
  61. Finishing the Contract 231
  62. Completion. 231
  63. Taking Over 232
  64. Final Account 232
  65. Operating and Maintenance Manuals. 232
  66. Termination. 232
  67. Payment upon Termination. 233
  68. Property. 234
  69. Release from Performance. 234
  70. Suspension of Bank Loan or Credit 234

 

 

General Conditions of Contract

  1. General

 

 

 

 

 

 

 

 

 

 

 

 

 

1.   Definitions

Boldface type is used to identify defined terms.

(a)    The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects.

(b)    The Activity Schedule is a schedule of the activities comprising the construction, installation, testing, and commissioning of the Works in a lump-sum contract. It includes a lump-sum price for each activity, which is used for valuations and for assessing the effects of Variations and Compensation Events.

(c)    The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in GCC 23.

(d)    Bank means the financing institution named in the PCC.

(e)    Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

(f) Compensation Events are those defined in GCC Clause 42 hereunder.

(g)    The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with GCC Sub-Clause 57.1.

(h)    The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.

(i) The Contractor is the party whose Bid to carry out the Works has been accepted by the Employer.

(j) The Contractor’s Bid is the completed bidding document submitted by the Contractor to the Employer.

(k)    The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and thereafter as adjusted in accordance with the Contract.

(l) Days are calendar days; months are calendar months.

(m) Dayworks are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

(n)    A Defect is any part of the Works not completed in accordance with the Contract.

(o)    The Defects Liability Certificate is the certificate issued by Project Manager upon correction of defects by the Contractor.

(p)    The Defects Liability Period is the period named in the PCC pursuant to GCC Sub-Clause 38.1 and calculated from the Completion Date.

(q)    Drawings means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract, include calculations and other information provided or approved by the Project Manager for the execution of the Contract.

(r) The Employer is the party who employs the Contractor to carry out the Works, as specified in the PCC.

(s) Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works.

(t) “In writing” or “written” means hand-written, type-written, printed or electronically made, and resulting in a permanent record;

(u)    The Initial Contract Price is the Contract Price listed in the Employer’s Letter of Acceptance.

(v)    The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works.  The Intended Completion Date is specified in the PCC.  The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order.

(w) Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.

(x)    Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function.

(y)    The Project Manager is the person named in the PCC (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract.

(z)    PCC means Particular Conditions of Contract.

(aa) The Site is the area defined as such in the PCC.

(bb)    Site Investigation Reports are those that were included in the bidding document and are factual and interpretative reports about the surface and subsurface conditions at the Site.

(cc) Specifications means the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager.

(dd)    The Start Date is given in the PCC. It is the latest date when the Contractor shall commence execution of the Works.  It does not necessarily coincide with any of the Site Possession Dates.

(ee) A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.

(ff)   Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works.

(gg)    A Variation is an instruction given by the Project Manager which varies the Works.

(hh)    The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the PCC.

(ii)   “Contractor’s Personnel” refers to all personnel whom the Contractor utilizes on the Site or other places where the Works are carried out, including the staff, labor and other employees of each Subcontractor.

(jj)   “Key Personnel” means the positions (if any) of the Contractor’s personnel that are stated in the Specifications.

(kk)    “ES” means Environmental and Social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH));

(ll)   “Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. In Bank financed operations/projects, sexual exploitation occurs when access to or benefit from a Bank financed Goods, Works, Non-consulting Services or Consulting Services is used to extract sexual gain;

Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions;  

(mm)   “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; and

(nn)    “Employer’s Personnel” refers to the Project Manager and all other staff, labor and other employees (if any) of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer or the Project Manager to the Contractor.

2.   Interpretation

2.1 In interpreting these GCC, words indicating one gender include all genders. Words indicating the singular also include the plural and words indicating the plural also include the singular.  Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Project Manager shall provide instructions clarifying queries about these GCC.

2.2 If sectional completion is specified in the PCC, references in the GCC to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:

(a)    Agreement,

(b)    Letter of Acceptance,

(c)    Contractor’s Bid,

(d)    Particular Conditions of Contract,

(e)    General Conditions of Contract, including Appendices,

(f) Specifications,

(g)    Drawings,

(h)    Bill of Quantities,[19] and

(i) any other document listed in the PCC as forming part of the Contract.

3.   Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in the PCC.

3.2 Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services prohibitions in the Employer’s country when

(a)   as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; 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 from that country or any payments to any country, person, or entity in that country.

4.   Project Manager’s Decisions

4.1 Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the Employer and the Contractor in the role representing the Employer.

5.   Delegation

5.1 Unless otherwise specified in the PCC, the Project Manager may delegate any of his duties and responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and may revoke any delegation after notifying the Contractor.

6.   Communica­tions

6.1 Communications between parties that are referred to in the Conditions shall be effective only when in writing. A notice shall be effective only when it is delivered.

7.   Subcontracting

7.1 The Contractor may subcontract with the approval of the Project Manager but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations. The Contractor shall require that its Subcontractors execute the Works in accordance with the Contract, including complying with the relevant ES requirements and the obligations set out in Sub-Clause 28.1.

8.   Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors, as referred to in the PCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The Employer may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification.

8.2 The Contractor shall also, as stated in the Specifications or as instructed by the Project Manager, cooperate with and allow appropriate opportunities for the Employer’s or any other personnel, notified to the Contractor by the Employer or Project Manager, to conduct any environmental and social assessment.

9.   Personnel and Equipment

9.1 The Contractor shall employ the Key Personnel and use the Equipment identified in its Bid, to carry out the Works or other personnel and Equipment approved by the Project Manager. The Project Manager shall approve any proposed replacement of Key Personnel and Equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the Bid.

9.2 The Project Manager may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the 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 behavior 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.

Notwithstanding any requirement from the Project Manager 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.”

9.3 The Contractor shall take all necessary safety measures to avoid the occurrence of incidents and injuries to any third party, associated with the use of, if any, Equipment on public roads or other public infrastructure. The Contractor shall monitor road safety incidents and accidents to identify negative safety issues, and establish and implement necessary measures to resolve them.

9.4 Labor

9.4.1 Engagement of Staff and Labor. The Contractor shall provide and employ on the Site for the execution of the Works such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labor with appropriate qualifications and experience from sources within the Country.

Unless otherwise provided in the Contract, the Contractor shall be responsible for the recruitment, transportation, accommodation and welfare facilities in accordance with GCC Sub-Clause 9.4.6, of the Contractor’s Personnel, and for all payments in connection therewith.

The Contractor shall provide the Contractor’s Personnel information and documentation that are clear and understandable regarding their terms and conditions of employment. The information and documentation shall set out their rights under relevant labor laws applicable to the Contractor’s Personnel (which will include any applicable collective agreements), including their rights related to hours of work, wages, overtime, compensation and benefits, as well as those arising from any requirements in the Specifications. The Contractor’s Personnel shall be informed when any material changes to their terms or conditions of employment occur.

9.4.2 Conditions of Labor. The Contractor shall inform the Contractor’s Personnel about:

(a)   any deduction to their payment and the conditions of such deductions in accordance with the applicable laws or as stated in the Specifications; and

(b)   their liability to pay personal income taxes in the Country in respect of such of their salaries, wages, allowances and any benefits as are subject to tax under the laws of the Country for the time being in force.

The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws.

Where required by applicable laws or as stated in the Specifications, the Contractor shall provide the Contractor’s Personnel written notice of termination of employment and details of severance payments in a timely manner. The Contractor shall have paid the Contractor’s Personnel (either directly or where appropriate for their benefit) all due wages and entitlements including, as applicable, social security benefits and pension contributions, on or before the end of their engagement/ employment.

9.4.3 The Contractor may bring in to the Country any foreign personnel who are necessary for the execution of the Works to the extent allowed by the applicable Laws. The Contractor shall ensure that these personnel are provided with the required residence visas and work permits. The Employer will, if requested by the Contractor, use its best endeavors 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.

9.4.4 The Contractor shall at its own expense provide the means of repatriation to and the Contractor’s Personnel employed on the Contract at the Site to their various home countries. It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure. In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor.

9.4.5 Disorderly conduct. The Contractor shall at all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst the Contractor’s Personnel.

9.4.6 Facilities for Staff and Labor. Except as otherwise stated in the Specifications, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. If stated in the Specifications, the Contractor shall give access to or provide services that accommodate the physical, social and cultural needs of the Contractor’s Personnel. The Contractor shall also provide similar facilities for the Employer’s Personnel if stated in the Specifications.

9.4.7 The Contractor shall, in all dealings with the Contractor’s Personnel, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labor. The Contractor shall provide the Contractor’s Personnel annual holiday and sick, maternity and family leave, as required by applicable laws or as stated in the Specifications.

9.4.8 Supply of Foodstuffs. The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Specifications at reasonable prices for the Contractor’s Personnel for the purposes of or in connection with the Contract.

9.4.9 Supply of Water. The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s Personnel.

9.4.10 Measures against Insect and Pest Nuisance. The Contractor shall at all times take the necessary precautions to protect the Contractor’s Personnel employed on the Site from insect and pest nuisance, and to reduce the danger to their health. The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide.

9.4.11 Alcoholic Liquor or Drugs. The Contractor shall not, otherwise than in accordance with the laws of the Country, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift, barter or disposal thereto by Contractor’s Personnel.

9.4.12 Arms and Ammunition. The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor’s Personnel to do so.

9.4.13 Funeral Arrangements. The Contractor shall be responsible, to the extent required by local regulations, for making any funeral arrangements for any of its local employees who may die while engaged upon the Works.

9.4.14 Forced Labor. The Contractor, including its Subcontractors, shall not employ or engage forced labor. Forced labor 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 labor, such as indentured labor, bonded labor or similar labor-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, harboring 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.

9.4.15 Child Labor. The Contractor, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).

The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Project Manager’s approval. The Contractor shall be subject to regular monitoring by the Project Manager 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

(d) transport of heavy loads;

(e) in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or

(f) under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.

9.4.16 Employment Records of Workers. The Contractor shall keep complete and accurate records of the employment of labor at the Site. The records shall include the names, ages, genders, hours worked, and wages paid to all workers. These records shall be summarized on a monthly basis and submitted to the project Manager.

9.4.17 Workers’ Organizations. In countries where the relevant labor laws recognize workers’ rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference, the Contractor shall comply with such laws. In such circumstances, the role of legally established workers’ organizations and legitimate workers’ representatives will be respected, and they will be provided with information needed for meaningful negotiation in a timely manner. Where the relevant labor laws substantially restrict workers’ organizations, 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 organizations and collective bargaining or alternative mechanisms. Workers’ organizations are expected to fairly represent the workers in the workforce.

9.4.18 Non-Discrimination and Equal Opportunity. The Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job 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 GCC Sub-Clause 9.4.15).

9.4.19  Contractor’s Personnel Grievance Mechanism. The Contractor shall have a grievance mechanism for Contractor’s Personnel, and where relevant the workers’ organizations stated in GCC Sub-Clause 9.4.17, to raise workplace concerns. The grievance mechanism shall be proportionate to the nature, scale, risks and impacts of the Contract. The mechanism shall address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and shall operate in an independent and objective manner.

The Contractor’s Personnel shall be informed of the grievance mechanism at the time of engagement for the Contract, and the measures put in place to protect them against any reprisal for its use. Measures will be put in place to make the grievance mechanism easily accessible to all Contractor’s Personnel.

The grievance mechanism shall not impede access to other judicial or administrative remedies that might be available, or substitute for grievance mechanisms provided through collective agreements.

The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to Contractor’s Personnel. Existing grievance mechanisms may be supplemented as needed with Contract-specific arrangements.

9.4.20 Training of Contractor’s Personnel. The Contractor shall provide appropriate training to relevant Contractor’s Personnel on ES aspects of the Contract, including appropriate sensitization on prohibition of SEA and SH, and health and safety training referred to in GCC Sub-Clause 18.2.

As stated in the Specifications or as instructed by the Project Manager, 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.

10.  Employer’s and Contractor’s Risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

11.  Employer’s Risks

11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are Employer’s risks:

(a) The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials, and Equipment), which are due to

(i)    use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or

(ii) negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in the Employer’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.

11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employer’s risk except loss or damage due to

(a) a Defect which existed on the Completion Date,

(b) an event occurring before the Completion Date, which was not itself an Employer’s risk, or

(c) the activities of the Contractor on the Site after the Completion Date.

12.  Contractor’s Risks

12.1  From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks are Contractor’s risks.

13.  Insurance

13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the PCC for the following events which are due to the Contractor’s risks:

(a) loss of or damage to the Works, Plant, and Materials;

(b) loss of or damage to Equipment;

(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and

(d) personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project Manager.

13.5 Both parties shall comply with any conditions of the insurance policies.

14.  Site Data

14.1 The Contractor shall be deemed to have examined any Site Data referred to in the PCC, supplemented by any information available to the Contractor.

15.  Contractor to Construct the Works

15.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings.

15.2 If the Contract specifies that the Contractor shall design any part of the permanent Works, the Contractor shall take into the Employer’s requirements which may include, if stated in the Specifications:

(a)   designing structural elements of the Works taking into account climate change considerations;

(b) applying the concept of universal access (the concept of universal access means unimpeded access for people of all ages and abilities in different situations and under various circumstances; and

(c)    considering the incremental risks of the public’s potential exposure to operational accidents or natural hazards, including extreme weather events.

16.  The Works to Be Completed by the Intended Completion Date

16.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them by the Intended Completion Date.

16.2 The Contractor shall not carry out mobilization to the Site unless the Project Manager gives approval, an approval that shall not be unreasonably delayed,  to the measures the Contractor proposes  to address environmental and social   risks and impacts, which at a minimum shall include applying the Management Strategies and Implementation Plans (MSIPs) and Code of Conduct for Contractor’s Personnel submitted as part of the Bid and agreed as part of the Contract.

The Contractor shall submit, to the Project Manager for its approval  any additional MSIPs as are necessary to manage the ES risks and impacts of ongoing Works. 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 Project Manager for its approval.

17.  Approval by the Project Manager

17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project Manager, for his approval.

17.2 The Contractor shall be responsible for design of Temporary Works.

17.3 The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works.

17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.

17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Project Manager before this use.

18.  Health, Safety and Protection of the Environment

18.1 The Contractor shall be responsible for the safety of all activities on the Site.

18.2 The Contractor shall:

(a)   comply with all applicable health and safety regulations and Laws;

(b)   comply with all applicable health and safety obligations specified in the Contract;

(c)   take care for the health and safety of all persons entitled to be on the Site and other places, if any, where the Works are being executed;

(d)    keep the Site and Works clear of unnecessary obstruction so as to avoid danger to these persons;

(e)   provide fencing, lighting, safe access, guarding and watching of the Works until the issue of the Contract Certificate of Completion;

(f)    provide any Temporary Works (including roadways, footways, guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent land;

(g)   provide health and safety training of Contractor’s Personnel as appropriate and maintain training records;

(h)   actively engage the Contractor’s Personnel in promoting understanding, and methods for, implementation of health and safety requirements, as well as in providing information to Contractor’s Personnel, training on occupational safety and health, and provision of personal protective equipment without expense to the Contractor’s Personnel;

(i) put in place workplace processes for Contractor’s Personnel to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health;

(j) Contractor’s Personnel who remove themselves from such work situations shall not be required to return to work until necessary remedial action to correct the situation has been taken. Contractor’s Personnel shall not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal;

(k)   where the Employer’s Personnel, any other contractors employed by the Employer, and/or personnel of any legally constituted public authorities and private utility companies are employed in carrying out, on or near the site, of any work not included in the Contract, collaborate in applying the health and safety requirements, without prejudice to the responsibility of the relevant entities  for the health and safety of their  own  personnel; and

(l) establish and implement a system for regular (not less than six-monthly) review of health and safety performance and the working environment.

Subject to GCC Sub-Clause 16.2, the Contractor shall submit to the Project Manager for its approval 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,

(a) which shall include at a minimum:

   (i) the procedures to establish and maintain a safe working environment without risk to health at all workplaces, machinery, equipment and processes under the control of the Contractor, including control measures for chemical, physical and biological substances and agents;

(ii) details of the training to be provided, records to be kept;

  (iii) the procedures for prevention, preparedness and response activities to be implemented in the case of an emergency event (i.e. an unanticipated incident, arising from both natural and man-made hazards, typically in the form of fire, explosions, leaks or spills, which may occur for a variety of different reasons including failure to implement operating procedures that are designed to prevent their occurrence, extreme weather or lack of early warning);

  (iv) remedies for adverse impacts such as occupational injuries, deaths, disability and disease;

(v) 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,

  (vi) 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 labor;

(vii) 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 GCC Sub-Clause 9.4.6; and

(b) any other requirements stated in the Specifications.

18.3 Protection of the environment

(a)   The Contractor shall take all necessary measures to: 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 Specifications, 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 Project Manager  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 Project Manager.

19.  Archaeological and Geological Findings

19.1 All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural or religious interest found on the Site shall be placed under the care and custody of the Employer. The Contractor shall:

(a) take all reasonable precautions, including fencing-off the area or site of the finding, to avoid further disturbance and prevent Contractor’s Personnel or other persons from removing or damaging any of these findings;

(b) train relevant Contractor’s Personnel on appropriate actions to be taken in the event of such findings; and

(c) implement any other action consistent with the requirements of the Specifications and relevant laws.

The Contractor shall, as soon as practicable after discovery of any such finding, notify the Project Manager of such discoveries and carry out the Project Manager’s instructions for dealing with them.

20.  Possession of the Site

20.1 The Employer shall give possession of all parts of the Site to the Contractor.  If possession of a part is not given by the date stated in the PCC, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event.

21.  Access to the Site

21.1 The Contractor shall allow the Project Manager and any person authorized by the Project Manager (including the Bank staff or consultants acting on the Bank’s behalf, stakeholders and third parties, such as independent experts, local communities, or non-governmental organizations), including to carry out environmental and social audit, as appropriate, access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

22.  Instructions, Inspections and Audits

22.1 The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located.

 

22.2 The Contractor shall keep, and shall make all reasonable efforts to cause its Subcontractors and subconsultants to keep, accurate and systematic accounts and records in respect of the Works in such form and details as will clearly identify relevant time changes and costs.

 

22.3 Inspections & Audit by the Bank

Pursuant to paragraph 2.2 e. of Appendix A to the GCC- Fraud and Corruption, the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, 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 subconsultants’ attention is drawn to GCC Sub-Clause 25.1 (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).

23.  Appointment of the Adjudicator

23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the time of the Employer’s issuance of the Letter of Acceptance. If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the PCC, to appoint the Adjudicator within 14 days of receipt of such request.

23.2 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the Employer and the Contractor.  In case of disagreement between the Employer and the Contractor, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the PCC at the request of either party, within 14 days of receipt of such request.

24.  Procedure for Disputes

24.1 If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the Project Manager’s decision.

24.2 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute.

24.3 The Adjudicator shall be paid by the hour at the rate specified in the PCC, together with reimbursable expenses of the types specified in the PCC, and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator’s decision shall be final and binding.

24.4 The arbitration shall be conducted in accordance with the arbitration procedures published by the institution named and in the place specified in the PCC.

25.  Fraud and Corruption

25.1 The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix A to the GCC.

25.2 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.

26.   Stakeholder Engagement

26.1  The Contractor shall provide relevant contract-related information, as the Employer and/or Project Manager may reasonably request to conduct Stakeholder engagements. “Stakeholder” refers to individuals or groups who:

(i)    are affected or likely to be affected by the Contract; and

(ii) may have an interest in the Contract.

The Contractor may also directly participate in Stakeholder engagements, as the Employer and/or Project Manager may reasonably request.

27.  Suppliers (other than Subcontractors)

27.1 Forced Labor: The Contractor shall take measures to require its suppliers (other than Subcontractors) not to employ or engage forced labor including trafficked persons as described in GCC Sub-Clause 9.4.14. If forced labor/trafficking cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

27.2 Child Labor: The Contractor shall take measures to require its suppliers (other than Subcontractors) not to employ or engage child labor as described in GCC Sub-Clause 9.4.15. If child labor cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

27.3 Serious Safety Issues: The Contractor, including its Subcontractors, shall comply with all applicable safety obligations, including as stated in GCC Sub-Clause 18.2. The Contractor shall also take measures to require its suppliers (other than Subcontractors) to adopt procedures and mitigation measures adequate to address safety issues related to their personnel. If serious safety issues are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

27.4 Obtaining natural resource materials in relation to supplier: The Contractor shall obtain natural resource materials from suppliers that can demonstrate, through compliance with the applicable verification and/ or certification requirements, that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats such as unsustainably harvested wood products, gravel or sand extraction from river beds or beaches.

If a supplier cannot continue to demonstrate that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to demonstrate that they are not significantly adversely impacting the habitats.

28.  Code of Conduct

28.1 The Contractor shall have a Code of Conduct for the Contractor’s Personnel.

The Contractor shall take all necessary measures to ensure that each Contractor’s Personnel is made aware of the Code of Conduct including specific behaviors that are prohibited, and understands the consequences of engaging in such prohibited behaviors. 

These measures include providing instructions and documentation that can be understood by the Contractor’s Personnel and seeking to obtain that person’s signature acknowledging receipt of such instructions and/or documentation, as appropriate.

The Contractor shall also ensure that the Code of Conduct is visibly displayed in multiple locations on the Site and any other place where the Works will be carried out, as well as in areas outside the Site accessible to the local community and project affected people. The posted Code of Conduct shall be provided in languages comprehensible to Contractor’s Personnel, Employer’s Personnel and the local community.

The Contractor’s Management Strategy and Implementation Plans shall include appropriate processes for the Contractor to verify compliance with these obligations. 

29.   Security of the Site

29.1 The Contractor shall be responsible for the security of the Site, and:

(a) for keeping unauthorized persons off the Site;

(b) authorized persons shall be limited to the Contractor’s Personnel, the Employer’s Personnel, and to any other personnel identified as authorized personnel (including the Employer’s other contractors on the Site), by a notice from the Employer or the Project Manager to the Contractor.

Subject to GCC Sub-Clause 16.2, the Contractor shall submit for the Project Manager’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 Specifications.

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 Specifications.”

B.  Time Control

30.  Program and Progress Reports

30.1 Within the time stated in the PCC, after the date of the Letter of Acceptance, the Contractor shall submit to the Project Manager for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works. In the case of a lump-sum contract, the activities in the Program shall be consistent with those in the Activity Schedule. The Project Manager’s approval of the Program shall not alter the Contractor’s obligations. The Contractor may revise the Program and submit it to the Project Manager again at any time.  A revised Program shall show the effect of Variations and Compensation Events.

30.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities.

30.3 The Contractor shall monitor progress of the Works  and submit to the Project manager progress report and any updated Program showing the actual progress achieved and the effect of the progress achieved on the timing of the remaining Works, including any changes to the sequence of the activities, at intervals no longer than the periods stated in the PCC. If the Contractor does not submit an updated Program within this period, the Project Manager may withhold the amount stated in the PCC from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted. In the case of lump-sum  Contract, the Contractor shall provide an updated Activity Schedule within 14 days of being instructed to by the Project Manager.

30.4 Unless otherwise stated in the Specifications, each progress report shall include the Environmental and Social (ES) metrics set out in Appendix B.  

30.5 In addition to the progress reports, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site, which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel or Contractor’s Personnel. This includes, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; or any allegation of SEA and/or SH. In case of SEA and/or SH, while maintaining confidentiality as appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual harassment), gender and age of the person who experienced the alleged incident should be included in the information.

The Contractor, upon becoming aware of the allegation, incident or accident, shall also immediately inform the Project Manager of any such incident or accident on the Subcontractors’ or suppliers’ premises relating to the Works which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel, or Contractor’s, its Subcontractors’ and suppliers’ personnel. The notification shall provide sufficient detail regarding such incidents or accidents. The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager.

The Contractor shall require its Subcontractors and suppliers (other than Subcontractors) to immediately notify the Contractor of any incidents or accidents referred to in this Subclause.

31.  Extension of the Intended Completion Date

31.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.

31.2 The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

32.  Acceleration

32.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.

32.2 If the Contractor’s priced proposals for an acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation.

33.  Delays Ordered by the Project Manager

33.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works.

34.  Management Meetings

34.1 Either the Project Manager or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.

34.2 The Project Manager shall record the business of management meetings and provide copies of the record to those attending the meeting and to the Employer. The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

35.  Early Warning

35.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works.  The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible.

35.2 The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Project Manager.

C.  Quality Control

36.  Identifying Defects

36.1 The Project Manager shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect.

37.  Tests

37.1 If the Project Manager instructs the Contractor to carry out a test not specified in the Specifications to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event.

38.  Correction of Defects

38.1 The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the PCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

38.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Manager’s notice.

39.  Uncorrected Defects

39.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount.

D.  Cost Control

40.  Contract Price[20]

40.1 The Bill of Quantities shall contain priced items for the Works to be performed by the Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each item.

41.  Changes in the Contract Price[21]

41.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent, provided the change exceeds 1 percent of the Initial Contract Price, the Project Manager shall adjust the rate to allow for the change. The Project Manager shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the prior approval of the Employer.

41.2 If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities.

42.  Variations

42.1 All Variations shall be included in updated Programs[22] produced by the Contractor.

42.2 The Contractor shall provide the Project Manager with a quotation for carrying out the Variation when requested to do so by the Project Manager. The Contractor shall also provide information of any ES risks and impacts of the Variation. The Project Manager shall assess the quotation, which shall be given within seven (7) days of the request or within any longer period stated by the Project Manager and before the Variation is ordered.

42.3 If the Contractor’s quotation is unreasonable, the Project Manager may order the Variation and make a change to the Contract Price, which shall be based on the Project Manager’s own forecast of the effects of the Variation on the Contractor’s costs.

42.4 If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.

42.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.

42.6 If the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Project Manager, the quantity of work above the limit stated in GCC Sub-Clause 41.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work. [23]

42.7 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;

(a) the proposed change(s), and a description of the difference to the existing contract requirements;

(b) a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle cost) the Employer may incur in implementing the value engineering proposal;

(c) a description of any effect(s) of the change on performance/functionality; and

(d) a description of the proposed work to be performed, a program for its execution and sufficient ES information to enable an evaluation of ES risks and impacts.

The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:

(a) accelerates the contract completion period; or

(b) reduces the Contract Price or the life cycle costs to the Employer; or

(c) improves the quality, efficiency, safety or sustainability of the Facilities; or

(d) yields any other benefits to the Employer,

without compromising the functionality of the Works.

If the value engineering proposal is approved by the Employer and results in:

(a) a reduction of the Contract Price; the amount to be paid to the Contractor shall be the percentage specified in the PCC of the reduction in the Contract Price; or

(b) an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Contractor shall be the full increase in the Contract Price.

43.  Cash Flow Forecasts

43.1 When the Program,[24] is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast.  The cash flow forecast shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates.

44.  Payment Certificates

44.1 The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed less the cumulative amount certified previously.

44.2 The Project Manager shall check the Contractor’s monthly statement and certify the amount to be paid to the Contractor.

44.3 The value of work executed shall be determined by the Project Manager.

44.4 The value of work executed shall comprise the value of the quantities of work in the Bill of Quantities that have been completed.[25]

44.5 The value of work executed shall include the valuation of Variations and Compensation Events.

44.6 The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.

44.7 If the Contractor was, or is, failing to perform any ES obligations or work under the Contract, the value of this work or obligation, as determined by the Project Manager, may be withheld until the work or obligation has been performed, and/or the cost of rectification or replacement, as determined by the Project Manager, may be withheld until rectification or replacement has been completed. Failure to perform includes, but is not limited to the following: 

(a) failure to comply with any ES obligations or work described in the Works’ Requirements which may include: working outside site boundaries, excessive dust, failure to keep public roads in a safe usable condition, damage to offsite vegetation, pollution of water courses from oils or sedimentation, contamination of land e.g. from oils, human waste, damage to archeology or cultural heritage features, air pollution as a result of unauthorized and/or inefficient combustion;

(b) failure to regularly review C-ESMP and/or update it in a timely manner to address emerging ES issues, or anticipated risks or impacts;

(c) failure to implement the C-ESMP e.g. failure to provide required training or sensitization;

(d) failing to have appropriate consents/permits prior to undertaking Works or related activities;

(e) failure to submit ES report/s (as described in Appendix B), or failure to submit such reports in a timely manner;

(f)   failure to implement remediation as instructed by the Project Manager within the specified timeframe (e.g. remediation addressing non-compliance/s).

45.  Payments

45.1 Payments shall be adjusted for deductions for advance payments and retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 28 days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the prevailing rate of interest for commercial borrowing for each of the currencies in which payments are made.

45.2 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.

45.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price.

45.4 Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

46.  Compensation Events

46.1 The following shall be Compensation Events:

(a) The Employer does not give access to a part of the Site by the Site Possession Date pursuant to GCC Sub-Clause 20.1.

(b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract.

(c) The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions required for execution of the Works on time.

(d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.

(e) The Project Manager unreasonably does not approve a subcontract to be let.

(f)   Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.

(g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.

(h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.

(i)    The advance payment is delayed.

(j)    The effects on the Contractor of any of the Employer’s Risks.

(k) The Project Manager unreasonably delays issuing a Certificate of Completion.

46.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.

46.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s own forecast. The Project Manager shall assume that the Contractor shall react competently and promptly to the event.

46.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor’s not having given early warning or not having cooperated with the Project Manager.

47.  Tax

47.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are changed between the date 28 days before the submission of bids for the Contract and the date of the last Completion certificate. The adjustment shall be the change in the amount of tax payable by the Contractor, provided such changes are not already reflected in the Contract Price or are a result of GCC Clause 49.

48.  Currencies

48.1 Where payments are made in currencies other than the currency of the Employer’s country specified in the PCC, the exchange rates used for calculating the amounts to be paid shall be the exchange rates stated in the Contractor’s Bid.

49.  Price Adjustment

49.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC. If so provided, the amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amounts due in each currency. A separate formula of the type specified below applies to each Contract currency:

Pc = Ac + Bc  Imc/Ioc

where:

Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency “c.”

Ac and Bc are coefficients[26] specified in the PCC, representing the nonadjustable and adjustable portions, respectively, of the Contract Price payable in that specific currency “c;” and

Imc is the index prevailing at the end of the month being invoiced and Ioc is the index prevailing 28 days before Bid opening for inputs payable; both in the specific currency “c.”

49.2 If the value of the index is changed after it has been used in a calculation, the calculation shall be corrected and an adjustment made in the next payment certificate. The index value shall be deemed to take account of all changes in cost due to fluctuations in costs.

50.  Retention

50.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the PCC until Completion of the whole of the Works.

50.2 Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with GCC Sub-Clause 57.1, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before the end of this period have been corrected. The Contractor may substitute retention money with an “on demand” Bank guarantee.

51.  Liquidated Damages

51.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion Date.  The total amount of liquidated damages shall not exceed the amount defined in the PCC. The Employer may deduct liquidated damages from payments due to the Contractor.  Payment of liquidated damages shall not affect the Contractor’s liabilities.

51.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate.  The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in GCC Sub-Clause 45.1.

52.  Bonus

52.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the PCC for each day (less any days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended Completion Date. The Project Manager shall certify that the Works are complete, although they may not be due to be complete.

53.  Advance Payment

53.1 The Employer shall make advance payment to the Contractor of the amounts stated in the PCC by the date stated in the PCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest shall not be charged on the advance payment.

53.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Project Manager.

53.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.

54.  Securities

54.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in the PCC, by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable. The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the Certificate of Completion in the case of a Performance Bond.

55.  Dayworks

55.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used only when the Project Manager has given written instructions in advance for additional work to be paid for in that way.

55.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager.  Each completed form shall be verified and signed by the Project Manager within two days of the work being done.

55.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.

56.  Cost of Repairs

56.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

E.  Finishing the Contract

57.  Completion

57.1 The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and the Project Manager shall do so upon deciding that the whole of the Works is completed.

58.  Taking Over

58.1 The Employer shall take over the Site and the Works within seven days of the Project Manager’s issuing a Certificate of Completion.

59.  Final Account

59.1 The Contractor shall supply the Project Manager with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.

60.  Operating and Maintenance Manuals

60.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC.

60.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the PCC pursuant to GCC Sub-Clause 60.1, or they do not receive the Project Manager’s approval, the Project Manager shall withhold the amount stated in the PCC from payments due to the Contractor.

61.  Termination

61.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

61.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:

 

(a) the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager;

(b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 days;

(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;

(d) a payment certified by the Project Manager is not paid by the Employer to the Contractor within 84 days of the date of the Project Manager’s certificate;

(e) the Project Manager gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager;

(f)    the Contractor does not maintain a Security, which is required;

(g) the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the PCC; or

(h) if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in   paragraph 2.2 a of the Appendix A to the GCC, in competing for or in executing the Contract, then the Employer may, after giving fourteen (14) days written notice to the Contractor, terminate the Contract and expel him from the Site.

61.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.

 

61.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.

 

61.5 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under GCC Sub-Clause 61.2 above, the Project Manager shall decide whether the breach is fundamental or not.

62.  Payment upon Termination

62.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as specified in the PCC. Additional Liquidated Damages shall not apply.  If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Employer.

62.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.

63.  Property

63.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractor’s default.

64.  Release from Performance

64.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

65.  Suspension of Bank Loan or Credit

65.1 In the event that the Bank suspends the Loan or Credit to the Employer, from which part of the payments to the Contractor are being made:

(a) The Employer is obligated to notify the Contractor of such suspension within 7 days of having received the Bank’s suspension notice.

(b) If the Contractor has not received sums due to it within the 28 days for payment provided for in GCC Sub-Clause 45.1, the Contractor may immediately issue a 14-day termination notice.

 

 


APPENDIX A

TO GENERAL CONDITIONS

 

Fraud and Corruption

(Text in this Appendix shall not be modified)

 

  1. Purpose
    • The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  • The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers),consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
  • To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  2. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  3. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  • “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  1. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  2. “obstructive practice” is:
  • deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  • acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[27] (ii) to be a nominated[28] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders(applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect[29] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

APPENDIX B

 

Environmental and Social (ES)

Metrics for Progress Reports

 

Metrics for regular reporting:

  1. environmental incidents or non-compliances with contract requirements, including contamination, pollution or damage to ground or water supplies;
  2. health and safety incidents, accidents, injuries that require treatment and all fatalities;
  3. interactions with regulators: identify agency, dates, subjects, outcomes (report the negative if none);
  4. status of all permits and agreements:
  5. work permits: number required, number received, actions taken for those not received;
  6. 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).
  1. health and safety supervision:
  2. safety officer: number days worked, number of full inspections & partial inspections, reports to construction/project management;
  3. 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);
  4. worker accommodations:
  5. number of expats housed in accommodations, number of locals;
  6. 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.;
  • actions taken to recommend/require improved conditions, or to improve conditions.
  1. 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);
  2. 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);
  3. training:
  4. number of new workers, number receiving induction training, dates of induction training;
  5. number and dates of toolbox talks, number of workers receiving Occupational Health and Safety (OHS), environmental and social training;
  • 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.
  1. 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.
  2. environmental and social supervision:
  3. 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;
  4. 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 center, community centers, 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
  • community liaison person(s): days worked (hours community center open), number of people met, highlights of activities (issues raised, etc.), reports to environmental and/or social specialist /construction/site management.
  1. 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):
  2. Worker grievances;
  3. Community grievances
  4. Traffic, road safety and vehicles/equipment:
  5. traffic and road safety incidents and accidents involving project vehicles & equipment: provide date, location, damage, cause, follow-up;
  6. 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;
  • 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.).
  1. Environmental mitigations and issues (what has been done):
  2. 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;
  3. 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;
  • 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;
  1. 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);
  2. spill clean-ups, if any: material spilled, location, amount, actions taken, material disposal (report all spills that result in water or soil contamination;
  3. waste management: types and quantities generated and managed, including amount taken offsite (and by whom) or reused/recycled/disposed on-site;
  • details of tree plantings and other mitigations required undertaken in the reporting period;
  • details of water and swamp protection mitigations required undertaken in the reporting period.
  1. compliance:
  2. 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;
  3. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  • 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
  1. 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
  2. other unresolved issues from previous reporting periods related to environmental and social: continued violations, continued failure of equipment, continued lack of vehicle covers, spills not dealt with, continued compensation or blasting issues, etc. Cross-reference other sections as needed.  

 

 


Section IX – Particular Conditions of Contract

 

A. General

GCC 1.1 (d)

The financing institution is: Central Bank of Nigeria

GCC 1.1 (r)

The Employer is Transmission Company of Nigeria

Engr. T. M. Bamalli – Project Manager) WBP

Transmission Company of Nigeria

Project Management Unit

10 Kunene Close, Off Bobo Street,

Off Gana Street, Maitama, Abuja.

bamalli.tukur@tcn.org.ng

 

GCC 1.1 (v)

The Intended Completion Date for the whole of the Works shall be twelve (12) months

GCC 1.1 (y)

The Project Manager is:

Engr. T. M. Bamalli – Project Manager) WBP

Transmission Company of Nigeria

Project Management Unit

10 Kunene Close, Off Bobo Street,

Off Gana Street, Maitama, Abuja.

bamalli.tukur@tcn.org.ng

 

GCC 1.1 (aa)

The Site is located at Benin, Edo State and Ikeja West, Lagos and is defined in drawings No.  Annexes 1 and 2

GCC 1.1 (dd)

The Start Date shall be Later

GCC 1.1 (hh)

The Works consist of Refurbishment and Extension of two existing Control Centers at Benin, Edo State and Ikeja West, Lagos State

GCC 2.2

Sectional Completions are: None 

GCC 2.3(i)

The following documents also form part of the Contract:

 

· Minutes of  pre-contract Negotiation

GCC 3.1

The language of the contract is English language.

The law that applies to the Contract is the law of Federal Republic of Nigeria

GCC 5.1

The Project manager may delegate any of his duties and responsibilities.

GCC 8.1

Schedule of other contractors: Not Applicable

GCC 13.1

The minimum insurance amounts and deductibles shall be:

(a) for loss or damage to the Works, Plant and Materials: shall be later 

(b) For loss or damage to Equipment: shall be later 

(c) for loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with Contract shall be later .

(d) for personal injury or death:

(i)    of the Contractor’s employees: shall be later  .

(ii) of other people:  shall be later 

GCC 14.1

Site Data are: See Annexes 1 & 2

GCC 20.1

The Site Possession Date(s) shall be: Later

GCC 23.1 &

GCC 23.2

Appointing Authority for the Adjudicator:  Later

GCC 24.3

Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: Later

GCC 24.4

Any dispute, controversy, or claim arising out of or relating to this Contract, or breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the International Center for Arbitration, Lagos (ICAA) Arbitration Rules as at present in force.”

B. Time Control

GCC 30.1

The Contractor shall submit for approval a Program for the Works within fourteen (14) days from the date of the Letter of Acceptance.

GCC 30.3

The period between Program updates is 14 days.

The amount to be withheld for late submission of an updated Program is one percent (1%) of contract price.

The period for submission of progress reports is 30 days.

C. Quality Control

GCC 38.1

The Defects Liability Period is: 365 days.

D. Cost Control

GCC 42.7

If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be 50_% of the reduction in the Contract Price.

GCC 48.1

The currency of the Employer’s Country is: Naira.

GCC 49.1

The Contract is not subject to price adjustment in accordance with GCC Clause 45, and the following information regarding coefficients does not apply. Not Applicable

GCC 50.1

The proportion of payments retained is: ten percent (10%)

GCC 51.1

The liquidated damages for the whole of the Works are 0.5% of the final Contract Price per week. The maximum amount of liquidated damages for the whole of the Works is ten percent (10%) of the final Contract Price.

GCC 52.1

The Bonus for the whole of the Works is Not Applicable

GCC 53.1

The Advance Payments shall be: twenty percent (20%) and shall be paid to the Contractor no later than 30 days upon provision of all necessary documents (i.e APG, PG, Invoice, Insurance etc)

GCC 54.1

An Environmental and Social (ES) Performance Security shall not be provided to the Employer.

GCC 54.1

The Performance Security amount is 10% of the contract price.

(a) Performance Security – Bank Guarantee:  in the amount(s) of ten (10) percent of the Accepted Contract Amount and in the same currency(ies) of the Accepted Contract Amount.

E. Finishing the Contract

GCC 60.1

The date by which operating and maintenance manuals are required is two (2) months upon completion

The date by which “As built” drawings are required is within two (2) months upon completion

GCC 60.2

The amount to be withheld for failing to produce “As built” drawings and/or operating and maintenance manuals by the date required in GCC Sub-Clause 60.1 is equal amount quoted in the Bill of Quantities.

GCC 61.2 (g)

The maximum number of days is: twenty (20) weeks

GCC 62.1

The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is ten (10) percent

 


 

Section X – Contract Forms

 

 

 

Table of Forms

 

Notification of Intention to Award. 246

Letter of Acceptance. 252

Contract Agreement 253

Performance Security – Bank Guarantee. 255

Advance Payment Security. 257

 


 

Notification of Intention to Award

 

[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid.]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]

For the attention of Bidder’s Authorized Representative

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.] 

DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award

Employer: [insert the name of the Employer]

Project: [insert name of project]

Contract title: [insert the name of the contract]

Country: [insert country where RFB is issued]

Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]

RFB No: [insert RFB reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:

  1. request a debriefing in relation to the evaluation of your Bid, and/or
  2. submit a Procurement-related Complaint in relation to the decision to award the contract.
  3. The successful Bidder

Name:

[insert name of successful Bidder]

Address:

[insert address of the successful Bidder]

Contract price:

[insert contract price of the successful Bid]

  1. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If the Bid’s price was evaluated include the evaluated price as well as the Bid price as read out.]

Name of Bidder

Bid price

Evaluated Bid price

(if applicable)

[insert name]

[insert Bid price]

[insert evaluated price]

[insert name]

[insert Bid price]

[insert evaluated price]

[insert name]

[insert Bid price]

[insert evaluated price]

[insert name]

[insert Bid price]

[insert evaluated price]

[insert name]

[insert Bid price]

[insert evaluated price]

  1. Reason/s why your Bid was unsuccessful

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.]

  1. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award.

Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Employer]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end.

The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice.

  1. How to make a complaint

Period:  Procurement-related Complaint challenging the decision to award shall be submitted by midnight, [insert date] (local time).

Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Employer]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends.

Further information:

For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations)[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=4005] (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” [http://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement-new-framework#framework] provides a useful explanation of the process, as well as a sample letter of complaint.

In summary, there are four essential requirements:

1.   You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this bidding process, and is the recipient of a Notification of Intention to Award.

2.   The complaint can only challenge the decision to award the contract.

3.   You must submit the complaint within the period stated above.

4. You must include, in your complaint, all of the information required by the Procurement Regulations (as described in Annex III).

  1. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).

The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award.

The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification, please do not hesitate to contact us.

On behalf of the Employer:

Signature: ______________________________________________

Name:    ______________________________________________

Title/position:   ______________________________________________

Telephone:    ______________________________________________

Email:    ______________________________________________

 


 

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

 

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder[1].  In case of joint venture, the Bidder must submit a separate Form for each member.  The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.

 

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:

 

· directly or indirectly holding 25% or more of the shares

· directly or indirectly holding 25% or more of the voting rights

· directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder

 


Beneficial Ownership Disclosure Form

 

RFB No.: [insert number of RFB process]

Request for Bid No.: [insert identification]

 

To: [insert complete name of Employer]

 

In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on beneficial ownership: [select one option as applicable and delete the options that are not applicable]

 

(i) we hereby provide the following beneficial ownership information. 

 

Details of beneficial ownership

Identity of Beneficial Owner

 

Directly or indirectly holding 25% or more of the shares

(Yes / No)

 

Directly or indirectly holding 25 % or more of the Voting Rights

(Yes / No)

 

Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder

(Yes / No)

[include full name (last, middle, first), nationality, country of residence]

 

 

 

 

OR

 

(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:

 

  • directly or indirectly holding 25% or more of the shares
  • directly or indirectly holding 25% or more of the voting rights
  • directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder

 

 

OR

 

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions. [If this option is selected, the Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]

  • directly or indirectly holding 25% or more of the shares
  • directly or indirectly holding 25% or more of the voting rights
  • directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder]”

 

Name of the Bidder: *[insert complete name of the Bidder]_________

 

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

 

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

 

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

 

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

 

 

 

 

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.

** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.


 

Letter of Acceptance

[on letterhead paper of the Employer]

 

. . . . . . . [date]. . . . . . .

 

To: . . . . . . . . . .  [ name and address of the Contractor] . . . . . . . . . .  

 

Subject: . . . . . . . . . .   [Notification of Award Contract No].  . . . . . . . . . .  

 

This is to notify you that your Bid dated . . . . [insert date] . . . .  for execution of the . . . . . . . . . .[insert name of the contract and identification number, as given in the PCC] . . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . .[insert amount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

 

You are requested to furnish (i) the Performance Security and an Environmental and Social (ES)  Performance Security [Delete ES Performance Security if it is not required under the contract] within 28 days in accordance with the Conditions of Contract, using for that purpose the of the Performance Security Form and  the ES Performance Security Form, [Delete reference to the ES Performance Security Form if it is not required under the contract] and (ii) the additional information on beneficial ownership in accordance with BDS ITB 47.1, within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X – Contract Forms, of the bidding document.

[Choose one of the following statements:]

 

We accept that __________________________[insert the name of Adjudicator proposed by the Bidder]  be appointed as the Adjudicator.

 

[or]

 

We do not accept that _______________________[insert the name of the Adjudicator proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this Letter of Acceptance to ________________________________________[insert name of the Appointing Authority], the Appointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in accordance with ITB 48.1 and GCC Sub-Clause 23.1.

 

 

Authorized Signature:  …………………………………………………………………………………………………….

 

Name and Title of Signatory:  ………………………………………………………………………………………….

 

Name of Agency:  …………………………………………………………………………………………………………..

 

Attachment:  Contract Agreement


Contract Agreement

 

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . [name of the Employer]. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . . [name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part:

 

WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. . . . .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.
  • the Letter of Acceptance
  • the Letter of Bid
  • the addenda Nos ________(if any)
  • the Particular Conditions
  • the General Conditions of Contract, including appendix;
  • the Specifications
  • the Drawings
  • Bill of Quantities; [30] and
  • any other document listed in the PCC as forming part of the Contract, but not limited to;
    1. the ES Management Strategies and Implementation Plans; and
    2. Code of Conduct for Contractor’s Personnel (ES).
    3. In consideration of the payments to be made by the Employer to the Contractor as specified in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract.
    4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of . . . . . [name of the borrowing country]. . . . .on the day, month and year specified above.

 

 

Signed by:

 

Signed by:

 

for and on behalf of the Employer

for and on behalf the Contractor

 

in the presence of:

 

in the presence of:

 

Witness, Name, Signature, Address, Date

Witness, Name, Signature, Address, Date

 

 


Performance Security – Bank Guarantee

 [Guarantor letterhead or SWIFT identifier code]

Beneficiary:   [insert name and Address of Employer]

Date:   _ [Insert date of issue]

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 _ [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of _ [insert name of contract and brief description of Works] (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, 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 [insert amount in figures] (______) [insert amount in words],1 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for payment under it must be received by us at this office indicated above on or before that date. 

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.

_____________________
[signature(s)]

 

Note:  All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

 


 

Advance Payment Security

Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Employer]   

Date:   [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead]

 

We have been informed that [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of contract and brief description of Works] (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, 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 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 complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the Applicant:

  • has used the advance payment for purposes other than the costs of mobilization in respect of the Works; or
  • 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 [insert number] at  [insert name and address of Applicant’s bank]..

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 [insert day] day of [insert month], 2 [insert year],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.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.

____________________
[signature(s)]


Note:  All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

 

 

 

 

[1]   In lump sum contracts, delete “rates and prices and the.”

[2]   For lump sum contracts, delete “unit rates and prices and shown in the Schedule of Adjustment Data are reasonable” and replace with “Lump Sum.”

[3]   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.

[4]   In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

[5]   Daywork is work carried out following instructions of the Project Manager and paid for on the basis of time spent by workers, and the use of materials and the Contractor’s equipment, at the rates quoted in the Bid.  For Daywork to be priced competitively for Bid evaluation purposes, the Employer must list tentative quantities for individual items to be costed against Daywork (e.g., a specific number of tractor driver staff-days, or a specific tonnage of Portland cement), to be multiplied by the Bidders’ quoted rates and included in the total Bid price.

[6] Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance 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. Nonperformance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based 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.

[7] This requirement also applies to contracts executed by the Bidder as JV member.

[8] 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.

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

[10] Substantial completion shall be based on 80% or more works completed under the contract.

[11] For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement.

[12] 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 total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.

[13] Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period.  

[14]   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.

[15]   If applicable.

[16] For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

[17]   A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

[18]   Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm’s or individual’s financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

[19]   In lump-sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

[20]   In lump-sum contracts, replace GCC Sub-Clause 40.1 as follows:

40.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to by the Project Manager.  The Activity Schedule shall contain the priced activities for the Works to be performed by the Contractor. The Activity Schedule is used to monitor and control the performance of activities on which basis the Contractor will be paid. If payment for materials on site shall be made separately, the Contractor shall show delivery of Materials to the Site separately on the Activity Schedule.

[21]   In lump-sum contracts, replace entire GCC Clause 41 with new GCC Sub-Clause 41.1, as follows:

41.1 The Activity Schedule shall be amended by the Contractor to accommodate changes of Program or method of working made at the Contractor’s own discretion.  Prices in the Activity Schedule shall not be altered when the Contractor makes such changes to the Activity Schedule.

[22]   In lump-sum contracts, add “and Activity Schedules” after “Programs.”

[23]   In lump-sum contracts, delete this paragraph.

[24]   In lump-sum contracts, add “or Activity Schedule” after “Program.”

[25]   In lump-sum contracts, replace this paragraph with the following:  “The value of work executed shall comprise the value of completed activities in the Activity Schedule.”

[26]   The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency.  Normally, both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or other nonadjustable components.  The sum of the adjustments for each currency are added to the Contract Price.

[27]   For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.

[28]    A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 

[29]   Inspections in this context usually are investigative (i.e., forensic) in nature.  They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.  Such activity includes but is not limited to: accessing and examining a firm’s or individual’s financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.

[30]   In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

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(ies) of the Contract or a freely convertible currency acceptable to the Beneficiary.

2   Insert the date twenty-eight days after the expected completion date as described in GCC Sub-Clause 57.1. 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.”

1   The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer.

2   Insert the expected completion date as described in GCC Sub- Clause 57.1. The Employer should note that in the event of an extension of the expected completion date 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.”

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