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eSelection No 82960

Pre-Feasibility Study for Tashkent-Samarkand Road PPP, Uzbekistan

Clarifications

4/06/2020 update

1. I see that there is a requirement for the Team Leader to be fluent in Russian. Is it possible for those without Russian skills to apply but then hire a translator? Is this a standard requirement for EBRD consulting projects in Uzbekistan? EBRD: The relevant set of skills which the key experts are required to have are defined for each assignment and published in the procurement notice. That will be possible but not preferred and all costs should be included within the budget. The proposals are assessed according with the evaluation criteria, skills and competencies defined in the procurement notice.

2. If I understood correctly, there is a requirement to work with a local company in Tashkent. Is this a standard requirement? Does the EBRD have a list of pre-approved/screened local companies it works with? EBRD: The relevant unique requirements are defined for each assignment and published in the procurement notice. It is the consultant’s responsibility to make all necessary local arrangements to meet the objectives set out in the Terms of Reference. EBRD does not have such list.

3. Does the EBRD keep any list of pre-approved consultants, or a list of consultants it has worked with in the past? Is there preference given to companies that have been hired by EBRD as consultants in the past when project proposals are assessed? EBRD: EBRD does not have such list nor has preference of certain consultants. The proposals are assessed according with the evaluation criteria, skills and competencies defined in the procurement notice.

4. With respect to the start date for this particular project, understanding that it is contingent on the opening of borders and lifting of travel restrictions, however, is there a goal date at the EBRD is striving for? EBRD: As per the procurement notice the assignment is expected to start in the second half of 2020.

29/05/2020

1. Regarding eligibility of consultants previously engaged for the project, such as

Spectrum Holding Ltd, would they be eligible to participate in this next phase?

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EBRD: Consultants with previous involvement relating to this assignment who contributed to

its revision or preparation will not be eligible to participate - this applies to the lead firm, the

consortium member(s) as well as the subcontractor(s).

2. Reg Task 4: The Consultant will draft TOR for a full feasibility study with indicative budget estimates. Will the Consultant implementing this assignment be allowed to participate in the next phase of the project – Elaboration of a full Feasibility Study? Or it will be considered as Conflict of Interest. EBRD: The consultant engaged in this assignment will likely be not eligible for the next phase

study, if any. It will depend on the outcome of this assignment, scope of work, and

involvement of the parties. The eligibility and conflict of interest cannot be established at this

stage as this will depend on the content of the future scope of work (if any).

3. The cost estimate of EUR 600,000 appears to be inadequate for the study covering approx. 300 km of road, especially if no separate provisions are made for the surveys and investigation. Kindly look into and clarify if any provisional sums are provided for survey & investigations. EBRD: Please be advised the cost estimate is as announced on our website. The consultants are invited to make comments about implementation of the assignment (to successfully deliver the work set out in the Terms of Reference) as part of their technical or financial proposal. The contracting of the consultant will be subject to the funding available. 4. Regarding point 3.2 Task 1: Alignment Option Study: Topographic, Geotechnical, Traffic, Environmental and social surveys were envisaged in the scope of work. It is suggested that topographic and geotechnical studies done by Spectrum be utilized for the existing alignment and new alignment may be proposed based on desktop study in Google considering the project duration of 18 weeks for Draft Final Report. Environment and social studies could also be taken up only after alignment is finalized. Project duration and cost estimate may kindly be increased for undertaking these studies and considering the impacts in cost estimates. EBRD: Spectrum did not do any topographic and geotechnical study. The report is a desktop conceptualisation of the Project based on visual inspection and data provided by the Ministry of Transport which did not include topographic or geotechnical. 5. Regarding Background Spectrum Report and Prefeasibility Report for Tashkent – Andijan Road - can you please share: - Spectrum Report for Tashkent to Samarkhand - Prefeasibility Report for Tashkent – Andijan Road

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EBRD: The reports will be made available to the winning consultant. 6. Which document will be considered as an evidence of:

- sub-consultant’s intention to participate in the assignment together with the applicant?

- establishing a consortium by the partners submitting proposal?

EBRD: The Consultant should be free to provide any relevant evidence they see fit. The EBRD will accept, amongst others, one or more of the following: the self-certification by the lead consultant that all resources are available; letters of intent, signed CVs from the experts provided by sub-contractors. Consultants invited for negotiations will need to confirm availability of the proposed resources at contracting stage. If the resources are not available at that stage, this can be ground for termination of negotiations. 7. I am helping to form a consortium to bid for this EBRD assignment. I have been approached by three different groups, as has the local law firm in Uzbekistan I am collaborating with. Please confirm if there are any restrictions for one firm to participate in more than one submission. My understanding is that we can join two or more consortia bidding for it, as sub-contractors/ sub-consultants, and do not need formal approval by the EBRD to do so. Is that correct? EBRD: EBRD’s approval is not required for Consultants to participate in selections. The Consultant can act as a sub-contractor in multiple submissions, however, if a Consultant acts in any other capacity than sub-contractor (i.e. lead consultant or consortium partner), it can only be part of one submission as a lead firm or consortium member. Please refer to section 10 in Standard Instruction to Consultants. 8. It is specified in the ToR (section 3.1, point 7) that the Consultant will have to get approvals from Uzbek authorities: - “The Consultant will make an assessment on the best option for the project between a new road based on an alignment defined and agreed with the Uzbek authorities…defined and agreed with the Uzbek authorities …”, - “The best solution agreed with the Uzbek authorities…”.

8.1 Is the list of authorities whose approval will be required is known at the moment? Is EBRD going to limit the number of approving authorities to avoid exceeding the assignment’s scheduled timeline? EBRD: Ministry of Transport will be the Uzbek authority relevant for this engagement. 8.2 How EBRD and Consultant will act if Uzbek authorities will not provide their approval for reasons beyond the control of EBRD and Consultant? Will such situation be treated as Consultant’s failure to complete the assignment within the prescribed time limits?

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EBRD: The Contract will be signed between the Consultant and the EBRD. The final approval

of deliverables will lie with EBRD.

9. Given the description provided in Section 1) Topographic Survey (3.2, Task 1) the

services specified appear to be a preparation to procurement of the topographic survey

rather than the survey itself. Please confirm that the services listed in Section 1) Topographic

Survey (3.2, Task 1) relate to preparation to procurement of topographic survey services at

later stages of the project (preparation of the full-pledged Feasibility Study).

EBRD: The scope involves obtaining the topographic information that enables the Consultant

to propose the alignment options, definition of bridges and tunnels needed and refine the

project costs.

10. It is specified in the scope of GG study (item 2, task 1) that the Consultant shall

“prepare a topographic map for the project influenced area”. We understand a preparation

of topographic maps for a 300 km road is a prolonged and costly task which can hardly be

completed within the time limits and budget of the assignment in question. Could you please

clarify which exact actions this task implies? Which detailing is expected for topographic

maps?

EBRD: We expect the Consultant to propose the degree of details of the topographic

information within time and budget. Limitations, reservations and suggestions for further

study should be made clear by the Consultant in its proposal. The map to be prepared under

this assignment is not for the detailed design by any means but should sufficiently form part

of the basis of alignment options and decision.

11. The scope of GG study (item 2, task 1) includes the following tasks:

(v) assess the seismicity of the project area and identify any faulty zone, in particular touching

on or crossing the existing road;

(v) assess major drainage and rainfall distribution along the existing road;

(vi) evaluate ground and subsoil structure at a selected points;

(vii) assess the structure of the major tunnels and bridges on the existing road.

Could you please clarify to what extent these studies shall be performed as a desk work and

to what extent – as a field work? Is it up to the Consultant to determine the amount of field

work to be performed within the assignment?

EBRD: It is up to the Consultant to determine the amount of field work to be performed within

the assignment but it is its responsibility to obtain the level of information needed to provide

an informed advice to the Ministry of Transport who will validate the result.

12. Will the Consultant’s remuneration be split into several parts corresponding to the stages of the contract performance? Will the Consultant be compensated in the case the full

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scope of services cannot be provided for reasons beyond the Consultant’s control (e.g. if the OL does not approve moving to next phase of the engagement as specified in last paragraph of section 3.1.)? EBRD: Payment terms will be discussed with the winning bidder. In case of early termination of the consultancy contract, EBRD and the Consultant will discuss the conditions as necessary as per the consultancy contract. 13. Will the acceptance of Consultant’s services be subject to approval of deliverables by Uzbeks authorities?

EBRD: The deliverables will be reviewed in consultation with the Uzbek authorities and the

acceptance will be made in liaison with the Uzbek authorities. The final approval of

deliverables will lie with EBRD as the contracting party of the consultancy services.

14. Will the funding be provided by EBRD only? There is also reference to the Japan-Europe Cooperation Fund. EBRD: The assignment will be funded from the EBRD bilateral co-operation fund, which is the Japan-Europe Cooperation Fund. The payments to the Consultant will be made by EBRD only. 15. I presume that it is our responsibility to translate our EOI from English into Russian. Is this right? EBRD: There is no need for the translation of the proposals into Russian. 16. Please confirm the process that would be necessary should an extension to the end date stated in the Consultancy Contract be agreed between parties (for example due to unforeseen circumstances such as COVID-19).

EBRD: The Consultant will liaise with EBRD to agree on terms for the extension, if required.

17. Clause 10f of General Conditions of Contract does not include provision for a pandemic, can this be added? EBRD: EBRD is not opposed to it. This can be addressed during contract negotiations. 18. Please confirm that this is a tender (Request For Proposal) and not an Expression of Interest.

EBRD: Confirmed. This is a single stage selection procedure requiring a full technical and financial proposal. 19. In the document Terms of Reference Tasks 0 – 4 are included as tasks for the Consultant. However, Appendix-1 provides details of a Resettlement Plan which is not included in the tasks. Please confirm if the Resettlement Plan is part of the tasks and deliverables for this assignment.

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EBRD: Under the section 3.1 – Task 1: Alignment Option Study, there is a separate provision, please see it below, that specifically mentions PR5 assignment and refers to the guidance on PR5 in the appendix 1. And then under the deliverables, the ToR makes it explicit what outputs related to PR5 need to be produced and submitted. The preliminary Resettlement Plan is therefore part of the task and deliverables. (vii) follow the guidance attached in Appendix 1 related to the EBRD Performance Requirement (PR) 5 for Land Acquisition, Involuntary Resettlement and Economic Displacement,[1] conduct a preliminary assessment for potential involuntary resettlement and land acquisition along the proposed alignments, and quantify costs associated with land acquisition and involuntary resettlement for different alignment scenarios. 20. Regarding Terms of Reference, 3.2 Task 1: Alignment Option Study, Topographic Survey - We understand that the corridors for the 296km Tashkent-Samarkand Road and the 19km link road to the city of Syrdaria will need to be surveyed. Please can you confirm the required width of the corridor to be surveyed with respect to (i) the existing alignment and (ii) alternate alignment (as shown in Figure 1 in the ToR)? EBRD: The required survey corridor should be based on the current technical regulation in Uzbekistan and proposed category of the road (preliminary indication – category Ib). 21. Regarding Terms of Reference, 3.2 Task 1: Alignment Option Study, Traffic Survey. The following traffic surveys are required: - The traffic volume survey - The origin and destination (O/D) survey - The axle load survey - Willingness to pay survey 21.1 Please can you confirm that the Mobile Phone Network Data (MND) will be provided to the Consultant by the Ministry of Transport / Ministry of Internal Affairs free of charge. EBRD: The Ministry of Transport and relevant authorities will provide all of their support with below (e.g. axle surveys, cooperation to stop the traffic). The ToR was discussed with all relevant authorities and EBRD the authorities’ sign-off. However, EBRD cannot guarantee availability of the information at this time - but if it is available, we do not anticipate problems. Therefore, the consultants are asked to price the proposal on the assumption that the MND data is not available and will use the conventional survey methods. Please clarify in your proposals the amount allocated for this so it is contingent to the availability of the required information. 21.2 The conduct of truck axle load surveys usually requires authorization of Traffic Police or other government body empowered to stop trucks. Can it be assumed the Government will

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make these resources available to conduct the surveys together with equipment (i.e. portable axle load scales)? EBRD: Yes. The surveys will be conducted in cooperation with the Counterpart (the Ministry of Transport) and the Uzbek Police. For the equipment (potable axle load scale, etc.), the Consultant is expected to discuss with the authorities (Ministry of Transport and the Uzbek Police). 21.3 Similar to the above question, willingness to pay and O/D surveys require authorization to stop traffic. Will the client arrange and provide this authorization? EBRD: Yes. The surveys will be conducted in cooperation with the Counterpart. 22. Regarding Terms of Reference, 3.3 Task 2: Analysis of Feasibility, Intermodal analysis The intermodal analysis for the Tashkent-Samarkand corridor is required including air and rail transportation. Please can you confirm what data will be provided by EBRD or the local authorities and whether they will be free of charge? EBRD: We expect the Consultant to propose the data and information needed for adequate intermodal analysis. The Consultant will endeavour to make arrangements with the relevant parties through the Government in order for the Consultant to obtain the data and information needed. EBRD will make best efforts to facilitate communications and availability of data free of charge. 23. Regarding Terms of Reference, 4. Implementation Arrangements and Deliverables, Equipment Handling. For the Project purpose the Consultant will be allowed: - to hire a short-term office and car and drivers - to procure various IT equipment and software - purchase office stationaries and small items Please can you confirm that all the above items including e.g. a hire of a car and drivers or purchase of small office items will be subject to the advance submission of procurement plan for the OL’s consent? EBRD: It is up to the Consultant to make its own arrangements. All costs should be included in the financial proposal, as required. The local arrangements, cost structure and payment terms will be discussed during the contract negotiations based on the winning Consultant’s proposal. 24. Please can you confirm whether all the above items will be reimbursed on a lump sum basis (no receipts will be required) or at cost (the receipts will be required). EBRD: Payment terms will be discussed with the winning consultant during contract negotiation.

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25. The project objectives state “…this study will provide the GoU and the Parties with a selection of possible alignments (limited to bypasses), so that they will be able to compare and select the project alignment on economic, fiscal, financial, environmental and social development grounds”. However, the scope under Task 0 requires a decision between either i) a completely new route or ii) improvement of the existing route (with bypasses). Recommendations are to be made in the Inception Report 6 weeks from the start following a consultation process. We assume the criteria for the decision between the two alternatives will be qualitative since only one option is to be considered in detail under the subsequent tasks. Please confirm our understanding is correct. EBRD: EBRD expects the winning Consultant to propose a methodology and agree on it with the Uzbek Authorities for the selection of the best alternative including a completely new alternative. 26. The Consultant will collect traffic flow data and transport information in order to describe and analyse traffic characteristics, establish an adequately reliable traffic forecast for the project and estimate the possible economic savings in time and distance due to the project road. The ToR suggest Mobile Phone Network Data (MND) could be available and that this would be cheaper than field surveys. However, The Consultant is required to “….explore if the mobile phone network operators in Uzbekistan with the assistance and involvement of the Ministry of Transport / Ministry of Internal Affairs could release the raw data, which then will be anonymised and processed to yield comprehensive matrices.” Given the uncertainty, we presume we are required to price for field surveys. Please confirm. EBRD: Please refer to the answer 21.1. The bidders are asked to price the proposal on the assumption the MND data is not available and will use the conventional survey methods. Please clarify in your proposals the amount allocated for this so it is contingent to the availability of the required information. 27. The scope of work defined in the Appendix appears to relate to the level of detail required at feasibility study stage, rather than pre-feasibility as for the current project. For example, (for each proposed alignment) it is required to: -Identify all Displaced People (DPs) likely to experience involuntary resettlement impacts - Identify all assets that may need to be compensated in accordance with the national legislation and EBRD ESP 2014: Performance Requirement 5 (PR5); - Conduct an inventory of all affected land and non-land assets and gather sample-based socio-economic information on the affected parties; Along with other tasks we would expect to apply at feasibility study stage. Please confirm the scope of work required for the Preliminary Resettlement Plan at this pre-feasibility stage. EBRD: Since it is a PPP project, the way PR5 due diligence is carried out is different from those usually performed for sovereign deals. Even though it is pre-feasibility stage, we expect the preliminary resettlement plan (RP) to be prepared. This RP can be high level as some elements

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of the design may not be final at this stage, but key elements of the RP as described in the appendix 1 need to be provided. Where justified, a sample-based surveys can be completed – subject to the discussion and agreement with the EBRD. Importantly, the preliminary RP should provide: (i) an estimate scale of the potential land acquisition and resettlement associated with the project/its separate design features: (b) an understanding of the significance of the PR5 impacts & risks; (c) estimate budget to address potential land acquisition/resettlement as per PR5. 28. It is stated in the Procurement notice that CVs of the experts / team members constitute 35% of overall Technical score. Could you please provide the evaluation grid separately for 5 identified Key Experts and Local Experts. EBRD: The experts will be evaluated based on the qualifications and competences specified in the procurement notice. 29. Does the page limit for the technical submission include items like a front cover, contents list etc. EBRD: The page limit applies to main text only. i.e. excluding the front cover, table of contents,

declaration, etc.

30. Please confirm that EBRD London office is where the contract is based.

EBRD: The Contract will be signed between EBRD and the Consultant. EBRD is based in

London, UK.

31. Can a list of available data be provided please?

EBRD: It has been included in the TOR.

32. Are there any expectations regarding the number and structure of

workshops/presentations throughout the project?

EBRD: This will be as per the Consultant discretion and following a methodology in its

proposals and agreed after with the Public Stakeholders.

33. Regarding ToR, Background, Last Paragraph – Does the link from Syrdaria to Bakht only needs to be analysed from the “corridor” prospective, or shall it be included in traffic, financial, CBA analyses? EBRD: It shall be included in traffic, financial, CBA analyses. 34. Regarding ToR Objectives, para.4 - As part of the assignment, the Consultant with the support of the Bank will provide detailed explanation on the EBRD Policy for the Financing of Private Parties to Concessions (BDS15-233 (F)) as well as the EBRD Environmental and Social Policy (2019).- Does this mean that when executing financial modelling, we shall specifically use EBRD as a potential lender?

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EBRD: No. The assignment will contribute to ensuring the relevant EBRD policies in the project

preparation are properly implemented.

35. Regarding ToR, Task 1 - Please confirm that the new road alignment is to be considered as widening with bypasses and no requirement to consider a full greenfield option from Tashkent to Samarkand? TOR page 4 Objectives says just bypasses, but then this is slightly confused in part on p5, 3.1, bullet 7. EBRD: A full greenfield road is one of the options. 36. The Inception report assumes that the Consultant should include the assessment of the options between a new road and the reconstruction of the existing road. Please confirm that such assessment should be executed basing only on Spectrum’s report. EBRD: No. That assessment in the Inception Report shall be done based on the Consultant work. The Consultant cannot rely on the work done by Spectrum which did cover a completely new alignment. 37. There is a need to agree the new road alignment with the Uzbek Authorities prior to moving forward. Please provide the name of the person who will take this decision. Can a list of objectives for the new road be provided so that we can align our work to them? EBRD: This is part of the methodology we expect to Consultant to undertake. The approval of any alignment will be provided by the Ministry of Transport based on the assessment of the Consultant. 38. The scope for the Topographical Survey is to be established by the Consultant as set out in TOR, page 6, 3.2. As the scope of any survey required cannot be established until this Survey Plan has been approved by the OL it is assumed that the procurement of any Topographical Survey required, and its cost will be, covered by the GoU. EBRD: Cost for the topography survey is not borne by the Uzbek Government. The consultant

should include the costs for all required surveys in the financial proposal.

Under this assignment, we would like to see the topographic map. However, if it is not

possible because the alignment is not defined, and a comprehensive topographic map (for a

preliminary design) would cost much more than the assignment budget, then the Consultant

would be expected to show in the survey plan that what the Consultant could deliver and the

cost and resource estimate with the scope of work for the full-fledged topographic survey for

the next stage.

39. The scope for the Geographical and Geotechnical Study (GG) is set out in TOR, pages 6

and 7, 3.2 . Please confirm that this is based on a desk study and that no intrusive Ground

Investigation is envisaged at this stage.

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EBRD: We do expect the Consultant to propose what can only be done on site (and what kind of support the Consultant would need from EBRD for that purpose) and what can be done on a desk basis. 40. Please expand on ‘assess structure of major tunnels and bridges on existing road’. What

is the expected output from this? We know from previous experience in Uzbekistan that it is

not permitted to photograph tunnels or bridges so this could be difficult to achieve.

EBRD: The output is an assessment of the status of the assets and its possibility to be

expanded as part of the project and the estimated cost that would entail. We do not believe

photographs are critical for the obtaining the output.

41. Please confirm if a Resettlement Framework, rather than a draft Resettlement Plan would

be acceptable to be delivered as a part of the pre-feasibility Study?

EBRD: We expect to see an estimate budget for the land acquisition and resettlement that may be involved in the project. Hence, the resettlement framework will not be enough. We need the preliminary Resettlement Plan. We would like to stress that this is PPP deal, and PR5 due diligence is required at earlier stage, even though it is still a preliminary assessment.

42. Please confirm if it is expected to identify all Displaced People (DPs) likely to experience involuntary resettlement impacts (i.e. physical and economic displacement) and all assets that may need to be compensated in accordance with the national legislation and EBRD ESP 2014: Performance Requirement 5 (PR5); Or if a preliminary social survey would be satisfactory to be carried out as a part of the pre-

feasibility study?

EBRD: It will suffice to conduct a preliminary socio-economic survey and asset inventory. But it is important that data gathered through these surveys enables calculating the estimate budget of the RP. 43. Regarding Willingness to Pay Survey – would it be possible to provide some further details regarding the scope of the requirements for this activity? EBRD: We expect the consultant to estimate what is the level of tolls, if any, that users of the future road will be willing to pay. We expect the Consultant to know the scope of requirements to come to that conclusion. 44. Regarding ToR, Task 3 - Identification of Possible PPP Structure assumes that the Consultant should “Assess with the market the viability of an Alliance model under which an investor undertakes the project in phases together with the government prioritising those segments of roads more feasible and minimise public contribution”. Please clarify this subtask. EBRD: The Consultant should analyze key advantages and flaws of Alliance model and provide recommendations whether the model shall be applicable to the Project or not.

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45. Regarding ToR, Task 4 - Please confirm that carrying out this task will not preclude the Consultant from bidding to carry out the Feasibility Study. EBRD: The Consultant under this assignment will likely not be eligible to bid on the next stage

study/assignment, if any. Please see answer 2.

46. Regarding Form 1 – TP3 c) a) Please do not repeat/copy the TORs in Methodology –Would it be acceptable to have a simple table with ToR wording in left column and methodology for its execution in the right column? EBRD: Yes. It will be acceptable. 47. Regarding Form 1 – TP5 sec.1 refers to Data Sheet ITC21.1. – Is the Data Sheet available, or will it only be made available after the EoI stage? EBRD: The listed experts in the table in Form 1 – TP5 must be consistent with that in Form 2 –FP (financial proposal). 48. Regarding Key Expert 1 – states that this person should speak Russian. Please indicate if this is essential or desirable. Would it be acceptable if Russian language speakers are present in the rest of the team and will be provided for all meetings and workshops. EBRD: It is quite important.

Team leader should lead the negotiations with Uzbek authorities. It will be extremely hard to

communicate in English.

49. Please confirm if only one CV can be presented for the role of:

Key Expert 5, Environmental and Social expert (with experience in environmental and social

impact assessments and environmental and social due diligence, health and safety,

stakeholder engagement, resettlement issues, public consultation and disclosure in the local

context, gender and inclusion expertise, and substantial involuntary resettlement expertise.)

This is a wide scope and we would like to include 2. EBRD: Two CVs for Key Expert 5 will be acceptable. 50. Regarding Contract - Please confirm multiple of fee required for insurance levels. EBRD: This will be discussed during contract negotiations with the winning bidder. 51. Please provide details of the payment schedule for this project. EBRD: Payment terms will be discussed during contract negotiations with the winning bidder.

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