These proposed Particular Condition of Contract (PCC) clauses are to be read in conjunction with the World Bank’s standard bidding document for Works (2015). They are designed to address specific issues and improve compliance, particularly with regard to occupational health and safety, social and environmental standards.
Clause / Revised Text / Original Text / ExplanationInspection and Audits by the World Bank / 1.15 / This clause shall be amended as follows:
The Contractor shall permit, and shall cause its agents (whether declared or not), sub-contractors, sub-consultants, service providers, suppliers and any personnel thereof, to permit, the Bank and/or persons appointed by the Bank to inspect the Site and all accounts and records relating to the performance of the Contract and the submission of the bid, and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank.
The Contractor and its agents (whether declared or not), sub-contractors, sub-consultants, service providers, suppliers and any personnel thereof attention is drawn to Sub-Clause 15.6 [Corrupt or Fraudulent Practices] which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Sub-Clause 1.15 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the World Bank’s prevailing sanctions procedures). / The Contractor shall permit the Bank and/or persons appointed by the Bank to inspect the Site and/or the Contractor’s accounts and records relating to the performance of the Contract and to have such accounts and records audited by auditors appointed by the Bank if required by the Bank. / This expands the opportunity for the Bank to do its due diligence to all those associated with the Contractor and the contract.
This requires all parties to adhere to the Bank’s Corrupt and Fraudulent Practices policy.
Protection of the Environment / 4.18 / This clause shall be amended as follows:
The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.
The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor’s activities shall not exceed the values stated in the technical Specification for the works, or as prescribed by applicable Laws.
The Contractor shall comply with all national, provincial and local environmental laws and regulations.
The Contractor shall:
•Prepare and submit to the Engineer for acceptance the “Contractor’s Environmental and Social Management Plan” (CESMP) which provides a detailed explanation of how the Contractor shall comply with the project’s safeguard documents such as the Project Environmental and Social Management Plan (ESMP) that were provided as part of the bid documents and/or have been publicly disclosed.No civil works shall commence until the CESMP has been cleared by the Engineer.
•Ensure that CESMP includes as a minimum the following management plans, with a level of detail appropriate for the project based on the ESMP requirements:
- Work Activity
- Traffic
- Occupational Health and Safety
- Environment
- Waste
- Social
- Labor Influx
- CSMP Implementation
•Approve public disclosure of the CESMP once approved by the Engineer through the project web site and other means that the Employer may deem appropriate.
•Shall allocate sufficient resources in terms of budget and staff to carry out the provisions of the approved CESMP.
•Carry out the project in accordance with the approved CESMP.
•Attend public meetings at their own expense as requested by the Engineer to discuss the CESMP or any other aspects of the project’s environmental and social compliance of interest to the public.
•Submit monthly reports on the CESMP implementation progress to the Engineer in an agreed format.
•Update the CESMP as necessary—in particular when there are design changes, (e.g. changes in the alignment, lay down areas, working hours or practices, etc.) that impact on the project area of influence or the public—or upon instruction by the Engineer for re-approval and re-disclosure.
For CESMP or ESMP infringements, the Contractor shall be given a Notice by the Engineer to initiate actions to remedy the issue within 48 hours. If remediation and restoration has been satisfactorily initiated but could not be completed during this period, the Engineer shall determine a reasonable extended period to complete the remediation in consultation with the Contractor and the Employer.
If in the judgment of the Engineer the Contractor has not:
•Initiated any satisfactory remedial action within the 48 hour period, or
•The restoration is not being done properly, or
•The restoration is not being done in a timely manner during any extended period, then:
The Engineer may instruct the Contractor to cease all remediation activities. The Employer shall be entitled to employ and pay others to carry out the restoration work. The Contractor shall reimburse the Employer through deductions to payments all costs reasonably incurred by the Employer for others to carry out the restoration work.
For plant and materials to be imported from overseas, the Contractor shall determine and comply with all importation related inspection and quarantine requirements, including fumigation and other such treatments, and allow for these in their procurement planning and works pricing. Appropriate quarantine certificates are to be provided to the Engineer prior to importing of material and/or equipment. / The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.
The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor’s activities shall not exceed the values stated in the Specification or prescribed by applicable Laws. / No change
No change
New
New. The clauses here clearly define the requirements of the Contractor with regard to the preparation and adherence to the ESMP.
This is an important addition insofar as it provides a very clear contractual mechanism for how non-compliance issues are to be managed under the contract.
This addition clearly defines the biosecurity requirements which are an issue particularly for island countries.
Clearance of Site and Disposal of Solid Waste / 4.23 and 11.11 / In pursuance of the provisions under clauses 4.23 and 11.11 the following further provisions shall also apply:
Solid Waste Disposal: At all times, the Contractor is responsible for the safe andsound disposal of all solid waste generated by the Works.
Solid waste includes:
•General waste (i.e. office type waste, household waste (from any workers camps), lightweight packaging materials).
•Recyclable waste(i.e. certain plastics, metals, rubber etc. that can be recycled).
•Organic biodegradable waste (i.e. waste that will decay / break down in a reasonable amount of time, such as green waste, food waste).
•Inorganic non-recyclable waste (i.e. waste that cannot decompose / break down and which cannot be recycled).
•Hazardous waste (i.e. asbestos, waste oil etc.)
With the approval of the Engineer:
- General waste (including only small quantities of lightweight packaging waste) can be disposed of at approved and permitted landfills.
- Organic biodegradable waste maybe deposited in designated dumping areas in reasonable quantities.
- Recyclable waste may be supplied to a local receiver licensed to process such waste.
The export of any hazardous waste must be in compliance with the Basel and Waigani Conventions and any relevant laws enacted by source and the recipient countries.
Surplus Material Disposal: Surplus material (millings, excavation materials, concrete rubble, and other clean fill materials) will be generated. Disposal of surplus materials is at the Contractor’s expense.
The CESMP Waste Management Plan shall describe solid waste streams generated by the works and detail the approved disposal methods along with permissions.
Burning of any materials is not permitted.
With the approval of the Engineer clean fill material (e.g. millings and crushed asphalt, basecourse material, concrete rubble) may be used to backfill areas where old equipment or infrastructure has been removed or as a resource for general use by the client and/or the community.
All spoil materials removed by clearing and grubbing, surplus material from excavations, non-clean fill material etc. shall be removed from the work site and transported to the Employer’s nominated disposal site(s) in compliance with any local requirements before the start of the defects liability period.
Unless otherwise instructed by the Engineer, other surplus materials not needed during the defects liability period shall be removed from the site and if appropriate the countryand in compliance with the ESMP. / 4.23:During the execution of the Works, the Contractor shall keep the Site free from all unnecessary obstruction, and shall store or dispose of any Contractor’s Equipment or surplus materials. The Contractor shall clear away and remove from the Site any wreckage, rubbish and Temporary Works which are no longer required.
Upon the issue of a Taking-Over Certificate, the Contractor shall clear away and remove, from that part of the Site and Works to which the Taking-Over Certificate refers, all Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works. The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain on Site, during the Defects Notification Period, such Goods as are required for the Contractor to fulfil obligations under the Contract.
11.11 Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site.
If all these items have not been removed within 28 days after receipt by the Contractor of the Performance Certificate, the Employer may sell or otherwise dispose of any remaining items. The Employer shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and restoring the Site.
Any balance of the moneys from the sale shall be paid to the Contractor. If these moneys are less than the Employer’s costs, the Contractor shall pay the outstanding balance to the Employer.
The Contractor is to arrange for removal of unwanted excess bitumen from the work site and shall allow for transportation to an approved location nominated by the Engineer for appropriate disposal at the Contractor’s expense. / The proposed additions more clearly define how Contractors shall deal with solid waste generated under the project.
These clauses particularly pertain to island countries where there is limited land fill availability for disposal of solid waste.
Waigani applies to South Pacific countries only.
These clauses require a site cleanup before the defect liability period and eventual disposal.
Labor Laws / 6.4 / This clause shall be amended as follows:
The Government will only guarantee the issuing of work permits for Contractor staff with technical skills generally unavailable in the country.
Prior to mobilization, or for new staff, the Contractor shall supply the Engineer a list of all staff proposed for the project who have resided outside the country for more than 12 months over the last 5 years with an accompanied background check acceptable to the Engineer. This background check shall cover: (i) all countries for which the staff have citizenship; and, (ii) include verbal referee checks with employers over the last 2 years.
This background check should identify any criminal, arrest, incarceration and/or sex offenses. The Engineer reserves the right to reject any proposed staff on the basis of this background check. All costs associated with the Engineer rejecting staff due to the background check shall remain with the Contractor.
The Contractor shall comply with all the relevant labor Laws applicable to the Contractor’s Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.
The Contractor shall develop: (i)Gender Based Violence (GBV) and Child Abuse/Exploitation (CAE) Codes of Conduct; and, (ii) an Action Plan to mitigate and respond to GBV and CAE within the company and the community.
The Codes of Conduct will outline the responsibilities of: (i) the company to create a positive culture for its workplace and employees; (ii) managers to ensure that culture is implemented; and, (iii) individuals to adhere to the principles of that culture and not to engage in GBV and/or CAE.
All employees (including managers) will be required to attend training prior to commencing work to reinforce the understanding of HIV/AIDS, GBV and CAE. Subsequently, employees must attend a mandatory training course at least once a month for the duration of mobilization. / The Contractor shall comply with all the relevant labor Laws applicable to the Contractor’s Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.
The Contractor shall require his employees to obey all applicable Laws, including those concerning safety at work. / New. To minimize imported labor
New. Requires background check for staff.
No change.
New clauses for GBV and protection of children from sexual exploitation (6.21 only refers to children providing labor to the project).
Health and Safety / 6.7 / This clause shall be amended as follows:
Health and Safety: The contractor shall comply with the Occupational Health and Safety (OHS) requirements embodied in the ESMP and the World Bank’s EHS Guidelines.
The Contractor shall submit for approval by the Engineer an OHS Management Plan.Civil works shall not be permitted to commence until the Engineer has approved the OHS Management Plan prepared by the Contractor specifically for the project, the Safety Officer is mobilized and on site, and all employees have undergone site specific induction training.
For the purposes of the project, in addition to the national OHS standards the employer is adopting a code of practice for occupational health and safety based on good international industry practice. To be qualified for bidding contractors will be required to have in place an occupational health and safety management system which is compliant with, or equivalent to, OHSAS 18000 ( and is acceptable to the client.
The contractor shall specify which occupational health and safety standards are to be applicable to the project, and provide evidence of application of such standards on a project of similar size and complexity during the past 5 years. The standards to be adopted may include those of Australia, Canada, New Zealand, the EU and the US, which are referred to in the World Bank Group EHS Guidelines.
Funding for: (i)OHS training and activities; and, (ii) HIV/AIDS, GBV and CAE training and campaigns are provided in the bill-of-quantity as separate provisional sums.
The Contractor’s costs shall be financed from this on proof of record (e.g. time sheets, material invoices etc.) for the following:
- Provision of Safety Officer when acting in the role of Safety Officer.
- Recruitment of provider for delivery of HIV/AIDS education training.
- Recruitment of provider for delivery of GBV and CAE training.
- Expenses related to delivering HIV/AIDS, GBV and CAEtraining.
- Personal Protective Equipment (PPE) for all workers on the site, and visitors as appropriate
- Safety signage, safety literature, HIV/AIDS literature, condoms, voluntary counselling and testing, GBV and CAE literature, etc.
- Drug and alcohol testing of staff to enforce a zero alcohol tolerance policy.
- Sexually Transmitted Infections (STI) and Sexually Transmitted Disease (STD) including HIV/AIDS screening.
- Labor costs for attending: (i) dedicated safety training such as working at heights, confined space training, first aid training etc.; (ii) HIV/AIDS, GBV and CAE education training.The contractor shall make their employeesavailable for initial training of 1.5 days, and a total of at least 0.5 days per month for other such formal trainings.