Republic of Malawi Ministry of Energy Private Bag 309 Lilongwe 3 PROCUREMENT PLAN For PROJECT PREPARATORY ADVANCE (PPA) Name of Project: Mpatamanga Hydropower Project Loan No./Credit No./Grant No.: …………….. Financiers: World Bank Implementing Agency: Ministry of Energy Beneficiary Institutions: Ministry of Energy MPATAMANGAHYDROPOWER PROJECT PPA PROCUREMENT PLAN I. General 1.Project information Country: Malawi Project Name: Mpatamanga Hydropower Project Project ID: P165704 2.Project Implementation Agency: Ministry of Energy 3.Date of the Procurement Plan: August, 2020 4.Period covered by this Procurement Plan: November 2020 to June 2021 II. Preamble In accordance with paragraph 5.9 of the “World Bank Procurement Regulations for IPF Borrowers” (July 2016 Revised November 2017 and August 2018) (“Procurement Regulations”) the Bank’s Systematic Tracking and Exchanges in Procurement (STEP) system will be used to prepare, clear and update Procurement Plans and conduct all procurement transactions for the Project. This textual part along with the Procurement Plan tables in STEP constitute the Procurement Plan for the Project. The following conditions apply to all procurement activities in the Procurement Plan. The other elements of the Procurement Plan as required under paragraph 4.4 of the Procurement Regulations are set forth in STEP. III. The Bank’s Standard Procurement Documents: shall be used for all contracts subject to international competitive procurement and those contracts as specified in the Procurement Plan tables in STEP. IV. National Procurement Arrangements: In accordance with paragraph 5.3 of the Procurement Regulations, when approaching the national market (as specified in the Procurement Plan tables in STEP), the country’s own procurement procedures may be used. When the Borrower uses its own national open competitive procurement arrangements as set forth in The Public Procurement and Disposal of Assets Act, 2017 and its subsidiary instruments namely: The Public Procurement Regulations, 2004, Desk Instructions (2005), Standard bidding Documents and Circulars for the Public Procurement and Disposal of Assets (PPDA) Authority such arrangements shall be subject to paragraph 5.4 of the Procurement Regulations under the following conditions: o Provision of “set-asides” contracts for small enterprises shall not be applied. o Criteria such as environmental aspect, extent of local content, technology transfer, and managerial, scientific & operational skills development shall not be used in the evaluation of bids unless specifically agreed by the Bank on case to case basis. o Procurement Documents include provisions, intended to adequately mitigate against environmental, social (including health and safety, sexual exploitation and abuse and gender-based violence), (“ES”) risks and impacts When other national procurement arrangements other than national open competitive procurement arrangements are applied by the Borrower, such arrangements shall be subject to paragraph 5.5 of the Procurement Regulations. In accordance with paragraph 5.4(c) and 5.5 of the Procurement Regulations, the request for bids/request for proposals/request for quotations document shall require that Bidders/Proposers submitting Bids/Proposals/quotations present a signed acceptance at the time of bidding, to be incorporated in any resulting contracts, confirming application of, and compliance with, the Bank’s Anti-Corruption Guidelines, including without limitation the Bank’s right to sanction and the Bank’s inspection and audit rights. The form of the Letter of Acceptance is attached in Appendix 1. V. Prequalification: Not expected for works/goods packages in the procurement plan. VI. Leased Assets as specified under paragraph 5.10 of the Procurement Regulations: Leasing may be used for those contracts identified in the Procurement Plan tables. Not Applicable VII. Procurement of Second-Hand Goods as specified under paragraph 5.11 of the Procurement Regulations – is allowed for those contracts identified in the Procurement Plan tables. Not Applicable. VIII. Domestic preference as specified under paragraph 5.51 of the Procurement Regulations (Goods and Works). Goods: Not Applicable for those contracts identified in the Procurement Plan tables; Works: Not Applicable for those contracts identified in the Procurement Plan tables. IX. Hands-on Expanded Implementation Support (HEIS) as specified under paragraphs 3.10 and 3.11 of the Procurement Regulations: Not Applicable. X. Proposed Procedures for CDD Components: Not Applicable XI. Other Relevant Procurement Information: None XII. Reference to (if any) Project Operational/Procurement Manual: The Ministry of Education Science and Technology (MoEST) team will prepare Procurement manual. The Procurement Plan will also form part of the Project Implementation Manual. XIII. Procurement Approach and Prior Review Thresholds: The Procurement Arrangements as indicated in the below table will be used. The thresholds for the Bank’s prior review requirements are also provided in the table: Prior-review Thresholds for Procurement Methods Thresholds Procurem Substanti Works Goods, IT & Non-Consulting Shortlist of National ent al Services Consultants Type Risk ($`000) Works 10,000 Open Request Request Engineerin Internatio for for Open Open Open Consultin g& nal or Quotatio Quotatio National internatio National g Constructio n or n or or NCB nal or ICB or NCB Services n ICB National National ($'000) ($'000) ($'000) ($'000) Supervision ($'000 Shopping Shopping ($'000) ($'000) ($'000) Goods, IT 2,000 & Non- Consulting ≧ < ≦ ≧ < ≦ < ≦ Services Consultan 1,000 ts (Firms) 7,000 7,000 200 1,000 1,000 100 200 300 Individual 300 Consultan ts *These prior review thresholds are for the purposes of the initial procurement plan for the first 12 months. The thresholds will be revised periodically based on re-assessment of risks. All contracts not subject to prior review will be post-reviewed. Procurement Packages/Plan with Procurement Arrangements and Time Schedule: as per the table below: b) PROCUREMENT PLAN A. Works There are no envisaged works under the PPA. B. Goods and Non-Consulting Services 1 2 3 4 5 6 7 8 9 10 Ref. Contract Estimat Market Selecti Prequ Domesti Revie Expect Expecte No. Description ed Approa on alifica c w ed bid d Cost ch Method tion Prefere by openin Contrac US$ (yes/n nce Bank g date t o) (yes/no) (Prior Signatu / Post) re Date 1. Procurement Internet 14,000.0 Limited RFQ No No Post 15-Jan- 30-Sept- modems devices and 0 21 20 purchase of airtime under COVID-19 support 2. Procurement of Hand 1,000.00 Limited RFQ No No Post 15-Jan- 30-Sept- sanitizers, face 21 20 masks/shields and gloves under COVID-19 support 3. Office Operations 185,000 Limited RFQ No No Post 15-Jan- On-going Commented [AAM1]: Should not be in the 21 procurement plan C. Consultancy Services 1 2 3 4 5 6 7 8 9 10 Ref. Contract Estimat Market Selecti Evalua Shortli Review Expecte Comme No. Description ed Approa on tion sting by d nts Cost ch Method Option (yes/n Bank Contrac US$ o) (Prior / t Post) Signatu re Date 1. Consultancy service for 49,9365 Direct CDS N/A No Post Jan 2021 Continuin Technical Advisor 0,000 g (Review of FS and Contract preparation of Baseline Solution and estimated costs) 2. Consultancy service for 250,000 Open INDV Rated Yes Post Jan 2021 To be Panel of Experts for E&S revised accordin gly 3. Consultancy service for 1,200,0 Open - QCBS Rated Yes Post Feb 2021 To be Panel of Experts for 0064 Internati revised Geotech and onal accordin Geophysical studies gly (Firm) 4. Consultancy service for 250,000 Open - QCBS Rated Yes PriorPos Jan 2021 Various Commented [AAM2]: Won’t these be Panel of Experts for Dam Internati t contracts individual consultants? If yes, the Selection Safety onal to start Method should be INDV, and Market Approach at just Open various dates 5. Consultancy service for 660,000 Open - QCBS Rated Yes PriorPos Mar 2021 To be EPC Tender Agent Internati t revised onal accordin gly 6. Consultancy services for 1,550,0 Open - QCBS Rated Yes PostPrio April Planning Owner’s Engineer 00 Internati r 2021 for RAP onal preparati on underwa y 7. Consultancy services for 100,000 Open - QCBS Rated Yes Post June To be Insurance Advisor Internati 2021 revised onal accordin gly 1 2 3 4 5 6 7 8 9 10 Ref. Contract Estimat Market Selecti Evalua Shortli Review Expecte Comme No. Description ed Approa on tion sting by d nts Cost ch Method Option (yes/n Bank Contrac US$ o) (Prior / t Post) Signatu re Date 8. Consultancy services for 40,000 Open - QCBS Rated Yes Post June To be Tax Advisor Internati 2021 revised onal accordin gly 9. Consultancy services for 75,000 Open - QCBS Rated Yes Post June To be Financial Model Advisor Internati 2021 revised onal accordin gly 10. Consultancy services for 800,000 Open - QCBS Rated Yes Post June To be Technical Advisor Internati 2021 revised onal accordin gly 11. Consultancy services for 250,000 Open - QCBS Rated Yes Post Sept To be Lenders’ Technical Internati 2021 revised Advisor onal accordin gly 12. Consultancy services for 75,000 Open - QCBS Rated Yes Post Sept To be Lenders Insurance Internati 2021 revised Advisor onal accordin gly 13. Consultancy services for 50,000 Open - QCBS Rated Yes Post Aug To be Lenders’ Model Auditor Internati 2021 revised onal accordin gly Commented [AAM3]: Won’t these be 14. Consultancy service for 270,000 Open - QCBS Rated Yes Post Mar 2021 To be Individual Consultants i.e from No. 7 to 13? Advisors for negotiation Internati revised of compensation with onal accordin displaced households gly for preparation of RAP 15. Consultancy services for 50,000 Open - QCBSCQ Rated YesNo Post Sept To be Updating LRP and RAP Internati S 2021 revised implementation onalNati accordin schedule for final design onal gly 16. Consultancy services for 50,000 Open - QCBSCQ Rated YesNo Post Mar 2021 To be designing for Internati S revised replacement buildings onal 1 2 3 4 5 6 7 8 9 10 Ref. Contract Estimat Market Selecti Evalua Shortli Review Expecte Comme No. Description ed Approa on tion sting by d nts Cost ch Method Option (yes/n Bank Contrac US$ o) (Prior / t Post) Signatu re Date accordin gly 17. Preparation of RAP: 30,000 Open - QCBSCQ Rated YesNo Post Aug To be Revised inundation Internati S 2021 revised schedule for final design onalNati accordin onal gly 18. Consultancy services for 50,000 Open - QCBSCQ Rated YesNo Post May To be probity assurance Internati S 2021 revised onal accordin gly RFQ – Request for Quotations; QCBS – Quality and Cost-based Selection and; INDV - Individual Consultant Selection. Appendix 1 Letter of Acceptance of the World Bank’s Anti-Corruption Guidelines and Sanctions Framework Date: Invitation of Bids/Proposals No.__________ To: ___________________________________________________________________________ We, along with our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not) consultants and personnel, acknowledge and agree to abide by the World Bank’s policy regarding Fraud and Corruption (corrupt, fraudulent, collusive, coercive, and obstructive practices), as set out and defined in the World Bank’s Anti-Corruption Guidelines1 in connection with the procurement and execution of the contract (in case of award), including any amendments thereto. We declare and warrant that we, along our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not), consultants and personnel, , are not subject to, and are not controlled by any entity or individual that is subject to, a temporary suspension, early temporary suspension, or debarment imposed by a member of the World Bank Group, including, inter alia, a cross-debarment imposed by the World Bank Group as agreed with other international financial institutions (including multilateral development banks), or through the application of a World Bank Group finding of non- responsibility on the basis of Fraud and Corruption in connection with World Bank Group corporate procurement. Further, we are not ineligible under the laws or official regulations of [Insert name of Employer as per bidding document] or pursuant to a decision of the United Nations Security Council. We confirm our understanding of the consequences of not complying with the World Bank’s Anti-Corruption Guidelines, which may include the following: a. rejection of our Proposal/Bid for award of contract; b. in the case of award, termination of the contract, without prejudice to any other remedy for breach of contract; and c. sanctions, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework. This may include a public declaration of ineligibility, either indefinitely or for a stated period of time, (i) to be awarded or otherwise benefit from a Bank-financed contract, financially on Preventing and Combating Fraud and Corruption in Projects Financed by International Bank for Reconstruction and Development Loans and the International 1Guidelines Development Agency Credits and Grants, dated October 15, 2006, and revised in January 2011 and July 2016, as they may be revised from time to time. or in any other manner;2 (ii) to be a nominated3 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. We understand that we may be declared ineligible as set out above upon: a. completion of World Bank Group sanctions proceedings according to its prevailing sanctions procedures; b. cross-debarment as agreed with other international financial institutions (including multilateral development banks); c. the application of a World Bank Group finding of non-responsibility on the basis of Fraud and Corruption in connection with World Bank Group corporate procurement; or d. temporary suspension or early temporary suspension in connection with an ongoing World Bank Group sanctions proceeding. For avoidance of doubt, the foregoing effects of ineligibility do not extend to a sanctioned firm’s or individual’s execution of its ongoing Bank-financed contracts (or its ongoing sub-agreements under such contracts) that are not the subject of a material modification, as determined by the Bank. We shall permit, and shall cause our sub-contractors, sub-consultants, agents (whether declared or not), personnel, consultants, service providers or suppliers, to permit the Bank to inspect4 all accounts, records, and other documents relating to the procurement process and/or contract execution (in the case of award), and to have them audited by auditors appointed by the Bank. 2For 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. 3A 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. 4Inspections in this context are usually 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. We agree to preserve all accounts, records, and other documents (whether in hard copy or electronic format) related to the procurement and execution of the contract. Name of the Bidder/Consultant: Name of the person duly authorized to sign the Bid/Proposal on behalf of the Bidder/Consultant: Title of the person signing the Letter: PROCUREMENT Eastern Africa : Mpatamanga Hydropower Project PLAN General Information Country: Eastern Africa Bank’s Approval Date of the Original Procurement Plan: 2021-04-29 2022-01-21 Revised Plan Date(s): (comma delineated, leave blank if none) Project ID: P165704 GPN Date: Project Name: Mpatamanga Hydropower Project Loan / Credit No: / , IDA / V3570 Department of Energy Affairs Executing Agency(ies): WORKS Activity Reference No. / Estimated Actual Draft Bidding Bid Evaluation Report Loan / Credit Procurement Prequalification High SEA/SH Procurement Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents as Proposal Submission / Contract Description Component Review Type Method Market Approach Amount Amount Document / and Recommendation Signed Contract No. Process (Y/N) Risk Document Type Status Documents Evaluation Report Notice / Invitation Issued Opening / Minutes Completion (US$) (US$) Justification for Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned GOODS Activity Reference No. / Draft Bidding Bid Evaluation Report Loan / Credit Procurement Prequalification Estimated Actual Amount Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents as Proposal Submission / Description Component Review Type Method Market Approach Document / and Recommendation Signed Contract Contract Completion No. Process (Y/N) Amount (US$) (US$) Status Documents Evaluation Report Notice / Invitation Issued Opening / Minutes Justification for Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual NON CONSULTING SERVICES Activity Reference No. / Draft Bidding Bid Evaluation Report Loan / Credit Procurement Prequalification Estimated Actual Amount Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents as Proposal Submission / Description Component Review Type Method Market Approach Document / and Recommendation Signed Contract Contract Completion No. Process (Y/N) Amount (US$) (US$) Status Documents Evaluation Report Notice / Invitation Issued Opening / Minutes Justification for Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual CONSULTING FIRMS Activity Reference No. / Combined Evaluation Loan / Credit Contract Type Estimated Actual Amount Expression of Interest Short List and Draft Request for Proposals Opening of Technical Evaluation of Description Component Review Type Method Market Approach Process Status Terms of Reference Report and Draft Signed Contract Contract Completion No. Amount (US$) (US$) Notice Request for Proposals as Issued Proposals / Minutes Technical Proposal Negotiated Contract Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual MW-DOEA-232193-CS-CQS Consultant / Consultancy Services for / Post Qualification Open - International 50,000.00 0.00 Canceled 2021-05-04 2021-04-30 2021-05-25 2021-07-08 2021-08-07 2021-09-11 2022-03-10 Probity assurance Selection MW-DOEA-239037-CS-CQS Consultant Under / Consultancy Services for / Prior Qualification Open - International 50,000.00 0.00 2021-06-11 2021-07-08 2021-07-02 2021-07-12 2021-09-15 2021-10-12 2021-10-15 2021-11-19 2022-05-18 Implementation Probity Assurance Selection MW-DOEA-236771-CS-QCBS / Consultancy service for Quality And Cost- / Prior Open - International 1,200,000.00 0.00 Canceled 2021-06-10 2021-06-17 2021-08-31 2021-09-15 2021-09-30 2021-10-24 2021-11-28 2022-04-01 Panel of Experts for Geotech Based Selection and Geophysical studies INDIVIDUAL CONSULTANTS Activity Reference No. / Invitation to Loan / Credit Contract Type Estimated Actual Amount Draft Negotiated Description Component Review Type Method Market Approach Process Status Terms of Reference Identified/Selected Signed Contract Contract Completion No. Amount (US$) (US$) Contract Consultant Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual MW-DOEA-249598-CS-INDV Individual Under / Hiring Consultant Expert On IDA / V3570 Post Consultant Open 50,000.00 0.00 2021-08-30 2021-10-19 2021-11-17 2021-12-08 2022-01-12 2022-07-11 Implementation Biodiversity (Fauna) Selection MW-DOEA-249600-CS-INDV Individual Under / Hiring Consultant Expert On IDA / V3570 Post Consultant Open 50,000.00 0.00 2021-08-31 2021-10-19 2021-11-18 2021-12-09 2022-01-13 2022-07-12 Implementation Biodiversity (Flora) Selection MW-DOEA-249602-CS-INDV Individual Under / Hiring of Environmental IDA / V3570 Post Consultant Open 62,500.00 0.00 2021-09-10 2021-09-20 2021-11-29 2021-12-20 2022-01-24 2022-07-23 Implementation specialist Selection Individual MW-DOEA-249603-CS-INDV IDA / V3570 Post Consultant Open 62,500.00 0.00 Under Review 2021-09-10 2021-09-20 2021-11-28 2021-12-19 2022-01-24 2022-07-23 / Hiring of Biodiversity Expert Selection MW-DOEA-249605-CS-INDV Individual Under / Hiring of Social Risk IDA / V3570 Post Consultant Open 62,500.00 0.00 2021-09-10 2021-09-20 2021-11-28 2021-12-19 2022-01-23 2022-07-22 Implementation specialist Selection MW-DOEA-249606-CS-INDV Individual / Hiring of Occupational IDA / V3570 Post Consultant Open 62,500.00 0.00 Canceled 2021-09-13 2021-09-20 2021-12-02 2021-12-23 2022-01-27 2022-07-26 Health and Safety specialist Selection MW-DOEA-240255-CS-INDV Individual Under / Consultancy Service for IDA / V3570 Post Consultant Open 62,500.00 0.00 2021-09-15 2021-09-20 2021-12-03 2021-12-24 2022-01-28 2022-07-27 Implementation Hiring Dam Specialist Selection MW-DOEA-249601-CS-CDS / Consultancy Service for Pending Technical Supervision of IDA / V3570 Post Direct Selection Direct 50,000.00 0.00 2021-09-17 2021-10-22 2021-12-26 2022-06-24 Implementation additional investigations and Geological revisions MW-DOEA-240289-CS-INDV Individual Under / Consultancy Services for IDA / V3570 Post Consultant Open 62,500.00 0.00 2021-09-16 2021-09-20 2021-12-10 2021-12-31 2022-02-04 2022-08-03 Implementation Hiring of hydraulic engineer Selection MW-DOEA-240290-CS-INDV Individual / Consultancy Service for IDA / V3570 Post Consultant Open 62,500.00 0.00 Canceled 2021-09-17 2021-09-20 2021-10-27 2021-11-17 2021-12-22 2022-06-20 Hiring of Electro-mechanical Selection expert Page 1 MW-DOEA-240284-CS-INDV Individual / Consultancy Services for Under IDA / V3570 Post Consultant Open 62,500.00 0.00 2021-09-16 2021-09-20 2021-12-10 2021-12-31 2022-02-04 2022-08-03 Hiring of geologist Implementation Selection /geotechnical specialist MW-DOEA-272920-CS-INDV Individual Pending / Consultancy Services for IDA / V3570 Post Consultant Open 25,000.00 0.00 2022-02-09 2022-04-30 2022-05-21 2022-06-25 2022-08-26 Implementation Labor Influx Management Selection MW-DOEA-272922-CS-INDV Individual / Consultancy Service for Pending IDA / V3570 Post Consultant Open 62,500.00 0.00 2022-02-09 2022-04-25 2022-05-16 2022-06-20 2022-12-17 Electro-mechanical expert Implementation Selection (Member of Panel of Expert) MW-DOEA-272943-CS-INDV / Consultancy Services for Individual Pending Occupational Health and IDA / V3570 Post Consultant Open 62,000.00 0.00 2022-02-09 2022-05-05 2022-05-15 2022-06-19 2022-12-16 Implementation Safety Specialist (Member of Selection Panel of Experts) Page 2