World Bank , FIDIC, NEC and ENAA contracts links

Some source for World Bank, FIDIC, NEC and ENAA contracts links

Contract documents

FIDIC

NEC

ENNA      http://www.enaa.or.jp/EN/activities/model.html

Details fo ENNA forms from their website http://www.enaa.or.jp/EN/activities/model.html

ENAA Model Form-International Contract for Power Plant Construction(Turnkey Lump-sum Basis) was also published in 1996 to meet the growing needs for an international contract model form for construction of power plants.In preparing the Model Form, the Committee extensively referred to, and took into consideration, the comments, recommendations, advice and suggestions of various sources such as the World Bank, and other major financing institutions, potential customers and contractors, other relevant organizations in the US and Europe. The Model Form also received a thorough check by UK law firms and a certified quantity surveyor.

This 2010 edition does not include any “Appendix” or “Work Procedures” such as were provided in the 1992 edition. Only Appendix 8 “Form of Bonds” has been revised this time and contained in this edition. All other Appendices and Work Procedures of the 1992 edition are intended to remain in use with this edition unchanged.

Compiled with flexibility and fair and reasonable balance between the Owner and the Contractor on the various risks involved in international projects, ENAA Model Form is intended for a wide range of users, including in-house legal and sales personnel and those who are involved in the various phases of actual project implementation.

Process Plant Model Form 
The Model Form for Process Plant Construction is the core of ENAA’s series of model forms and since its first edition, it has been highly acclaimed by the industry and used extensively for international projects related to construction of process plants. With some modifications, it has also been used as the General Conditions of Contract for the World Bank’s Standard Bidding Documents “Supply and Installation of Plant and Equipment”.The revisions to the 1992 Form adopted in this edition are made in the light of many invaluable comments from a large audience. More than ten years have passed since we brought out the 1992 Form. During that period, the scale of projects has grown in size and the financing schemes for such large projects have become extremely complex, thereby increasing the number of stake-holders who seek more clarity in the allocation of risks and responsibilities. We felt it was our duty to respond to such needs of the industry and to produce a revised version to fulfill such needs.

ENAA considered many factors in preparing this edition but tried to maintain the risk allocation originally envisaged in the first edition thus limiting the possibility of any confusion among the users accustomed to using the previous editions.

Contents – Process Model Form – 2010 Edition:

Form of Agreement and General Conditions
Form of Agreement
General Conditions
Part I Contract and Interpretation
Part II Subject Matter of Contract
Part III Payment
Part IV Intellectual Property
Part V Work Execution
Part VI Guarantees and Liabilities
Part VII Risk Distribution
Part VIII Change in Contract Elements
Guide Notes
Chapter I. The General Concept of the ENAA Model Form
Chapter II. Guide Notes for Agreement
Chapter III. Guide Notes for General Conditions
Chapter IV. Application to the case where No Process License is required from Contractor

For reference (Vol.2, Vol.4 and Vol.5, 1992 Edition):

Vol.2
Sample of Appendices to the Agreement
Appendix 1 Breakdown of the Contract Price
Appendix 2 Escalation Clause
Appendix 3 Unit Rates for Changes
Appendix 4 Payment Terms
Appendix 5 Form of Letter of Credit/Guarantee
Appendix 6 Insurance Requirements
Appendix 7 Performance Guarantees
Appendix 8 Form of Bonds
Appendix 9 Project Specifications
Vol.4
Work Procedures
WP 1 Correspondence Procedure
WP 2 Payment Application Procedure
WP 3 Approval and Review Procedure
WP 4 Work Change Procedure
WP 5 Procurement Procedure
WP 6 Expediting Procedure
WP 7 Shop Inspection Procedure
WP 8 Field Inspection Procedure
WP 9 Progress Report Procedure
WP 10 Commissioning and Performance Test Procedure
Vol.5
Form of Agreement and General Conditions (Alternative Form for Industrial Plant – Without Process License)
Form of Agreement
General Conditions
Part I Contract and Interpretation
Part II Subject Matters of Contract
Part III Payment
Part IV Intellectual Property
Part V Work Execution
Part VI Guarantees and Liabilities
Part VII Risk Distribution
Part VIII Changes in Contract Elements
Schedule 1 Form of Mechanical Completion Certificate
Schedule 2 Form of Acceptance Certificate

Power Plant Model Form In the course of preparation of the ENAA Process Form, it was recognized that there was a growing need for a model form of an international contract for power plant construction. It was also recognized that power plants are a fundamental part of the infrastructure of industrial society and also play a major role in the development of society in general, and of industry in particular, in developing countries.In drafting this Model, the Committee has endeavored to incorporate some ideas, which are fair, impartial and practical, but not generally contained in other model forms for power plant construction contract. It makes this Model Form, we believe, all the more useful for all related parties.

Main Features:
(1)   Most suitable for use in a full turnkey power plant construction projects.
(2)   Fair and reasonable balance between the Owner and the Contractor on the various risks involved in international projects on a full turnkey basis.
(3)   More focus is provided on and improvement made with regard to the provisions relating to Taking Over procedures such as Commissioning and Reliability Test and also the provisions relating to the Performance Guarantees.
(4)   Notes for construction contracts under project finance scheme are added to the Guide Note as an appendix.

Contents – Power Model Form-:

Vol.1(112 pages) Form of Agreement and General Conditions
Form of Agreement
General Conditions
Part I Contract and Interpretation
Part II Subject Matters of Contract
Part III Payment
Part IV Intellectual Property
Part V Work Execution
Part VI Guarantees and Liabilities
Part VII Risk Distribution
Part VIII Changes in Contract Elements
Vol.2(80 pages) Sample of Appendices to the Agreement
Appendix 1 Breakdown of the Contract Price
Appendix 2 Escalation Clause
Appendix 3 Unit Rates for Changes
Appendix 4 Payment Terms
Appendix 5 Form of Letter of Credit/Guarantee
Appendix 6 Insurance Requirements
Appendix 7 Performance Guarantees
Appendix 8 Form of Bonds
Appendix 9 Project Specifications
Vol.3(36 pages) Guide Notes
Item 1. Features of the ENAA Model Form and its Fields of Application
Item 2. Engineer
Item 3. Completion/Taking Over and Performance Guarantee
Item 4. ContractorÅfs Total Maximum Liability
Item 5. Training
Item 6. Sub-contracting
Item 7. Environmental Conditions

The Model Forms are available either in document format (A4 booklet) or CD (in MS-Word 2000 version).
>>Process Model Form & Power Model Form ODER FORM

EPS Model Form Both Process Plant and Power Plant model forms are on a turnkey lump sum basis. A further type of contract, however, still used in many cases for international construction projects is the Engineering, Procurement and Supply (EPS) type contract, for which only a limited number of model forms exist. ENAA has noted the need for a model form for EPS type contract and to fulfill such need.In this new EPS model form, ENAA decided to refrain from making amendment to the general approach of the existing model forms other than to accommodate the changes necessarily flowing from the change of the contract scheme to the EPS scheme. ENAA has deferred the making of any such amendments until publication of the revised edition of the existing model forms that will follow this new EPS model form.

Contents – EPS Model Form-:

Agreement
General Conditions
Part I Contract and Interpretation
Part II Subject Matter of Contract
Part III Payment
Part IV Intellectual Property
Part V Work Execution
Part VI Guarantees and Liabilities
Part VII Risk Distribution
Part VIII Change in Contract Elements
Schedule 1 Delivery Certificate
Schedule 2 Acceptance Certificate
Guide Notes
Chapter I. General
Chapter II. Guide Notes for Agreement
Chapter III. Guide Notes for General Conditions

EPS Model Form includes CD as a part of document.
>>>EPS Model Form ORDER FORM

World Bank information from

http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/PROCUREMENT/0,,contentMDK:20062773~menuPK:84284~pagePK:84269~piPK:60001558~theSitePK:84266,00.html

Details at world bank site Home > Projects > Procurement > Index of Standard Bi… > Supply and Installation – Index

PrefaceThese “Standard Bidding Documents for the Supply and Installation of Plant and Equipment” have been prepared for use in contracts financed by the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA) (interchangeably known as “The World Bank” or “the Bank”) involving the supply, installation and commissioning of specially engineered plant and equipment, such as turbines, generators, boilers, switchyards, pumping stations, telecommunications, process and treatment plants, and the like for power, water, sewerage, telecommunication and similar projects. Normally, this set of documents should be used when (i) the value of the plant and equipment portion represents the major part of the estimated contract value, or (ii) the nature and complexity of the plant and equipment is such that the facilities cannot safely be taken over by the Employer without elaborate testing, precommissioning, commissioning and acceptance procedures being followed. If the user has questions regarding which SBD should be used in a particular case, the appropriate Bank’s Regional Procurement Advisor or the Procurement Policy and Services Group, Operational Core Services Network, should be consulted. 

These documents include both a Single Stage (Option A) and an alternative Two Stage (Option B) bidding procedure to be chosen by Borrowers as appropriate to each circumstance. The choice of the Two Stage bidding procedure shall be subject to the Bank’s advance approval on a case-to-case basis, depending on the complexity of the contract and the particular circumstances surrounding its procurement and implementation. The Bidding Procedures Flowcharts (one for Single Stage bidding and one for Two Stage bidding) show how the bidding documents are intended to be used both during the bidding process and during the formulation of the eventual contract documents.

(i) The use of SBDs prepared by the Bank is mandatory for all contracts financed by the Bank. (ii) The documents have been prepared as standard documents, which can be used in their published form without the need for the Borrower to amend or add text to the standard sections of the document. All information and data particular to each individual contract and required by bidders in order to prepare responsive bids must be provided by the Employer, prior to issuing the Bidding Documents, in the Bid Data Sheet (Section III), the Special Conditions of Contract (Section V), the Technical Specifications and Drawings (Section VI), and the Appendixes to the Form of Contract Agreement (in Section VII). Unless specifically agreed with the Bank, the Special Conditions of Contract shall not materially alter the provisions of the General Conditions of Contract. (iii) The role of “the Engineer,” as found, for example, in the Conditions of Contract for Electrical and Mechanical Works produced by the International Federation of Consulting Engineers (FIDIC), is not included in these Bidding Documents. In its place, and fulfilling the same duties, there are two new parties named the “Project Manager” and the “Adjudicator.” 

The Project Manager is appointed by the Employer. Its role is to supervise and manage the Contract on behalf of the Employer with the intention of achieving the Employer’s objectives for the completed Contract. When appointing the Project Manager, the Employer may either select a reputable firm of Consulting Engineers experienced in the particular field, or the Employer may appoint one of its own staff as Project Manager, if the Bank is satisfied that it has suitable in-house expertise. 

The name of the Adjudicator proposed by the Employer is to be given in the Bid Data Sheet, and the bidders have the right to accept or propose an alternate in their bids. The documents foresee the nomination of an Adjudicator whose role is to review and decide upon any matters of potential dispute between the parties where the parties, with or without the help of the Project Manager, have been unable to settle the matter amicably. The costs of the Adjudicator are shared equally by both parties. Arbitration is resorted to only if the parties fail to settle the dispute through the Adjudicator. 

(iv) The General Conditions of Contract are based on the Model Form of International Contract for Process Plant Construction published by the Engineering Advancement Association of Japan (ENAA), and the Bank gratefully acknowledges the permission of ENAA to make use of and amend the Model Form for inclusion in these Standard Bidding Documents. These General Conditions meet the Bank’s requirements, and they shall be used without amendment unless specifically agreed with the Bank. 

The ENAA conditions were drafted primarily with turnkey contracts in mind where the Contractor is responsible for each activity required for completion of the facilities, e.g., design, manufacture, delivery, installation, testing, commissioning, training, etc. However, these conditions have been adapted by the Bank for use for single responsibility contracts where some activities, such as parts of the preliminary design or site preparation works, are done by others. 

(v) The time allowed for preparing and submitting bids should not be too short and should allow adequate time for bidders to properly study the Invitation, visit the site and prepare complete and responsive bids.

I. Bidding Documents
Issued by Employer
Invitation for Bids
Instructions to Bidders
Bid Data Sheet
General Conditions of Contract
Special Conditions of Contract
Technical Specifications and Drawings
Sample Forms and Procedures 
Eligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement
II. The Bid 
Submitted by Bidder
Cover Letter
Bid Form
Price Schedules
Attachments:
1. Bid Security
2. Power of Attorney
3. Bidder’s Eligibility (Joint Venture, if any)
4. Eligibility of Facilities
5. Subcontractors proposed by Bidder (if any)
6. Deviations (if any)
7. Alternative Bids (if any)
Technical Specifications and Drawings from the Bidder (if called for)
III. Contract Documents 
Issued by Employer & Submitted by Bidder
Notification of Award
Bid Form
Price Schedules
General Conditions of Contract
Special Conditions of Contract
Contract Agreement and Appendices
1. Terms and Procedures of Payment
2. Price Adjustment (if applicable)
3. Insurance Requirement
4. Time Schedule
5. List of Subcontractors
6. Scope of Works and Supply by Employer
7. List of Documents for Approval/Review
8. Functional Guarantees
Forms and Procedures
Technical Specifications & Drawings
Any other documents agreed as forming a part of the Contract

Option B: Two Stage Bidding

Two Stage Bidding Procedure Flowchart

I. Bidding Documents
Issued by Employer
II. The First Stage Bid
Submitted by Bidder
Invitation for Bids Instructions to BiddersBid Data Sheet

General Conditions of Contract 

Special Conditions of Contract

Technical Specifications and Drawings Sample Forms and ProceduresEligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement Cover Letter Bid Form-First StageAttachments:
1. Bidder’s Eligibility (Joint Venture, if any)
2. Facilities’ Eligibility
3. Subcontractors proposed by Bidder (if any)
4. Deviations and/or Alternative Bids Technical Specifications and Drawings from the Bidder (if called for)
 
III. Clarification Meeting & Invitation for Second Stage BidReminder of Clarification Meeting
 
IV. The Second Stage Bid
Submitted by Bidder
V. Contract Documents
Cover Letter Memorandum of Clarification MeetingUpdated Technical Bid

Bid Form-Second Stage

Price Schedules Attachments: 1. Bid Security 
2. Power of Attorney 
3. Bidder’s Eligibility 
4. Facilities’ Eligibility 
5. Subcontractors proposed by Bidder (if any)

Updated Technical Specifications and Drawings from the Bidder (in accord with Memorandum) 

Notification of Award Memorandum of Clarification MeetingBid Form

Price Schedules

General Conditions of Contract

Special Conditions of Contract

Contract Agreement and Appendixes
1. Terms and Procedures of Payment
2. Price Adjustment (if applicable)
3. Insurance Requirement
4. Time Schedule
5. List of Subcontractors
6. Scope of Works and Supply by Employer
7. List of Documents for Approval/Review
8. Functional Guarantees

Forms and Procedures

Technical Specifications & Drawings

Any other documents agreed as forming a part of the Contract

http://www.unidroit.org/english/principles/contracts/main.htm

International standard forms of contract

http://www.practicallaw.com/5-502-8478?q=&qp=&qo=&qe=


http://www.enaa.or.jp/EN/activities/model.html

World Bank contract condtions http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/PROCUREMENT/0,,contentMDK:20062773~menuPK:84284~pagePK:84269~piPK:60001558~theSitePK:84266,00.html

Standard Bidding Document  Supply and Installation of Plant and Equipment

World Bank document index  Home > Projects > Procurement > Index of Standard Bi… > Document Index   

http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/PROCUREMENT/0,,contentMDK:20062006~menuPK:84284~pagePK:84269~piPK:60001558~theSitePK:84266,00.html

 


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: