1168 Assurance Report Final Buahit Dilyibza Road Project
1168 Assurance Report Final Buahit Dilyibza Road Project
1168 Assurance Report Final Buahit Dilyibza Road Project
May 2016
Addis Ababa, Ethiopia
Buahit – Dilyibza Design and Build Road Project – Final Report
Table of Contents
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List of Tables
Table 4.1 List of Procurement Processes undertaken and Contracts Made
Table 5.1 List of firms who were invited to submit proposals
Table 5.2 List of firms who submitted proposals
Table 5.3 List of unavailable documents and required information
Table 5.4 Lists of Secondary Information Disclosed and their Sources
Table 6.1 List of firms who were invited to submit proposals
Table 6.2 List of firms who submitted proposals
Table 6.3 List of unavailable documents and required information
Table 7.1 List of firms who were invited to submit proposals
Table 7.2 List of unavailable documents and required information
Table 8.1 List of Applicants who have collected the Bidding Documents
Table 8.2 List of Applicants who submitted their applications for post qualifications and financial Bids
Table 8.3 List of Post-Qualified Bidders
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1. Executive Summary
This report is prepared by the AP in accordance with the Contract Agreement made with CoST – Ethiopia which,
as part of its program, aims to address on increasing transparency and accountability in the construction
sector.CoST is an international multi-stakeholder program and is based on the belief that ‘increased transparency
through disclosure of project information’ will lead to greater accountability of public officials and eventually to
more efficient and effective construction of public infrastructure.
The report represents only for Lot II: Buahit – Dilyibza Road Projectwhich is one part from the total projectof
Debark – Buahit – Dilyibza Design and Build Road Project. The total Project of the Road alignment has been
divided into two lots (Lot I and Lot II) and the PE is undertaking the Procurement and Contract implementations
independently. Therefore only one Lot (Lot II project), as Agreedwith CoST – Ethiopia, is considered in this report.
On the report,Disclosure &Assurance Process has been carried out in detail for the respective project in
accordance with the available information collected from PE.It includes disclosure of Procurement, Contract &
Project Information, examining Completeness and Accuracy of the disclosed information, conducting detail
analysis and identifying causes of Concern for the Project under review. The analysis concentrates on the
evaluation of PE’s performance on Procurement and Contract implementations in all stages with respect to the
requirements set out including applicable lawsand provisions.
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According to PE’s explanation, consultants that couldn’t submit their proposals is due to their own
discretion; whereas, in ERA’s letter of invitation to submit proposal the consultants were requested to
confirm whether they are going to submit their proposal for the project or not.
Moreover the PE has forwarded the following explanationto their measures undertaken on resolving the issue:
As part of modernization endeavor ERA (the PE) is currently requesting reasons, filing and taking necessary
actions on bids for which several prospective bidders withdraw after purchasing bids, to make the necessary
consideration on the tender documents, as appropriate. Moreover, ERA is currently indicating the major
qualification criteria of projects on the respective NOTICE OF INVITATION FOR BIDS so as to enable potential
bidders to foresee their capacity to participate in the bids and/or to execute the project, which reduces cot of
bidding by bidders, to reduce or avoids similar withdrawals, etc.
Even if we couldn’t get the outcome of the assessment, the start of the PE on resolving the issue is appreciated.
Alongside with PE’s consideration, it is our attention to look forward in advanceon the following points;
To study the negative impact on the number of invited bidders to the issue and consider on increasing the
number of Consulting Firms to participate on the Design & Supervision Service Bids,
To review the requirements of Bid Documents for Construction Works and also for Design and Supervision
Services,
To conduct profound studies on the submission problems of Bid Offer.
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It is understood that the formation of Contract Agreement with the Supervision Firms will go along with the
finalization of procurement process formation of Contract for Construction Works. Such case could have direct
effect on making delay on making Contract for Supervision Services within the Intended Time. However we draw
our attention to the PE to organize all the necessary resources and design efficient procurement plans in
consideration with the completion of the two procurement processes at the same time.
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Construction Works:The Contractor is contractually obliged to furnish the following mentioned insurances
before the commencement of the work. However, the following insurance policies & premium could not be
finalizeduntil the reporting period of Dec., 2014;
Professional Indemnity Insurance for Design (sub-clause 18.2): theContractor shall effectProfessional
Indemnity Insurance, which shall insure the contractor’s liability by reason of professional negligence in the
design of the works.
Insurance for Works equipment (sub-clause 18.2): the Contractor shall insure the construction equipment,
plant, material & works in the joint name of Employer, the contractor&subcontractor against all loss or
damage (Contractor’s All Risk Insurance),
Insurance against injury to persons & damage to property, Third Party Insurance(sub-clause 18.3) the
Contractor shall insure against liabilities to third parties in the joint name of Employer the
contractor&subcontractor for any loss, damage, death or bodily injury (the limit of third party insurance is
Birr 2,000,000.00),
Insurance for workers (sub-clause 18.4): the Contractor shall effect and maintain insurance against loses
and claims arising from the death or injury to any person employed by the Contractor or any Subcontractor.
The issue has been forwarded to the PE and addressed the following:
Since it is the contractor’s responsibility to establish the required insurance policies any if any risk happens
to the work contract, it will be covered by the contractor himself so that no risk will be transferred to the
Employer.
Construction Supervision Service:No evidencesare available for insurances required by the Supervision
Service Contract (General and Special Conditions of Contract stated in Clause 48.1 – i, ii, iii and v) showing that
such insurances have been taken out and maintained by the Supervision Consultants.
The only document available on the Contract Document is Professional Indemnity Policy as required by General
and Special Conditions of Contract stated in Clause 48.1 – iv.
The issue has been forwarded to the PE and addressed the following:
The Special Conditions of Contract stated in Clause 20.1 specify the insurance coverage that are required to
be established by the consultant. However, this contract should be read in conjunction with the works
contract which the consultant is going to supervise. Accordingly, the insurance coverage specified in the
SCC stated above are deemed to be covered by the work contract.For instance, since the consultancy
contract has no provision for vehicles other than work contract, the consultant does not have the obligation
to provide ‘third party motor vehicle liability insurance.’ It is the contractor’s obligation to provide suchthe
insurance coverage.
In order to solve the issues, several correspondences have been forwarded by the Supervision Firm and
Employer and discussions have been held with the Contractor. It has been seen some progresses on processing
the required insurances for approval. However the furnishing of required insurances timely and in compliance with
the contractual requirements is under question. There is no latest information available whether the issues are
resolved or not. In any case the contract shall be administered properly in compliance with its contractual
provisions and it is our concern for the PE to reacttimely and make action on resolving the issues in compliance
with the GGC, Sub Clause 18.5 and other related provisions as required.
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2. Introduction
The report is organized in the order of PE’s implementation on Procurements and Contracts of the project from
Design to Construction stage.In each part, the disclosure and assurance process of Procurement and Contract
implementations of the PE are verified and analyzed separately in compliance with the respective requirements
and Contract/Project specific issues are identified. Finally recommendations for the key findings and further
review are outlined.
At the last part of this report, detail lists of Procurement, Contract and Project information are disclosed
separately for every Contract of the relevant project in the Standard Disclosure Template of CoST – Ethiopia as
per the information taken from available documents.
For the preparation of this report, the AP has gone through the following core activities in order to address the
main objectives of the assignment.
The assurance processesand the information disclosed in this report are presented in a simple and intelligible way targeting
to be addressed to the public equally without difficulty.
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Nevertheless the PE’s effort & cooperation,the following lists of documents and issues for clarifications are still
pending.It could be unusual and hard to get information for the first 4 lists of documents as it may
requiregathering information outside from PE’s office.
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In thisreport, the disclosure of project information is carried out for Lot IIpart of the Debark – Buahit – Dilyibza
Design and Build Road Project;namely,Buahit – Dilyibza Design and Build Road Project and covers mainly for
Procurement and Contract implementations.
The main sources of information disclosed in this reportare obtained from copies of documents collected from
PE.The collection of those documents has been carried out in accordance with the letter CoST – Ethiopia Ref.
No. CoST-E/Ad/01/124/14 dated 06/04/07 E.C. forwarded to the PE.
The AP has made an effort to acquire all relevant documents for the study by making contacts among respective
bodies and departments of the PE in different time. The PE’s response was appreciated and provided partly copy
of the documents through its assigned focal person and from respective departments. However some additional
and important information are required for the study which can make the report complete.
The overall lists of project information for the project under review are disclosed in the Standard Disclosure
Template of CoST – Ethiopia at the end of this report.
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environmental mitigation measures. But there are also some permanent impacts including land taking, drainage
and landscape modification, disruption of wildlife, and relocation of people, which must be properly mitigated or
compensated for. It is expected that most of the identified impacts can be mitigated satisfactorily and residual
impacts can be reduced to acceptable levels through adoption of the specified mitigation measures.
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The PE has carried out four Procurement processes &entered into three Contract Agreements for the project
under review as shown in Table 4.1.
Table 4.1: List of Procurement Processesundertaken and Contracts Made
Item
Procurement undertaken Contract Made for
No.
Consultancy Service for Design (EIA, FS, etc.) and Construction
1 No Contract was made
Supervision
Consultancy Service for Construction Supervision Construction Supervision
2
(1sttime) (1sttime)
Consultancy Service for Construction Supervision Construction Supervision
3
(2ndtime) (2ndtime)
4 Construction Works Design and Construct
Initially the PE has carried out shortlisting and evaluation of proposals of Consulting Firms for the Consultancy
Services of the review of EIA Studies, Detail Engineering Design; Feasibility Study, Preparation of Resettlement
Action Plan and Tender Document Preparation and Construction Supervision for the Project under review. As per
the final result of evaluation, the PE couldn’t entered into Contract due to the following the following reasons.
Considering the absence of adequate competition in the bidding process,
Unreasonably high offer of the scorer consultant for phase I and II, which is a sign of front loaded offer,
and
Considering a lower offer for phase III of the objectives of the service.
Due to the cancellation of the above Bid, the construction works were tendered based on Design and Build
Contract strategy taking into account the urgency of the project and using the previous design as a scope design.
The Construction Supervision Contract was also re-tendered separately.
After finalizing the Procurement Processesfor both Supervision and Construction Works, the PE has entered into
Contract Agreement to those scorers simultaneously and started the Contract on April 25, 2011. The construction
works couldn’t be completed as per the original Contract Duration. Therefore, considering the expiry of the
original Contract period, the PE has made an additional invitation for Construction Supervision and awarded
theContract to other qualified Consulting Firm.
Currently the construction works are on progress along with supervision service by the later Supervision
Consultant.
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The PE has carried out the tendering and procurement process for Consultancy Services of the review of EIA
Studies, Detail Engineering Design; Feasibility Study, Preparation of Resettlement Action Plan and Tender
Document Preparation and Construction Supervision for the Project under review. As per the final evaluation
result of Proposals, no Contract was formed for the Bid due to certain recommended reasons by TAC.
Out of six invited firms, only two (2) of them have submitted their proposals on or before the deadline for
submission of proposals.
Table 5.2: List of firms who submitted proposals
Item No. Name of Consulting Firms Country
1 Associated Engineering Consultants plc Ethiopia
2 Construction Design Share Company Ethiopia
The envelopes containing the technical proposals were opened immediately after the deadline for submission of
proposals in the presence of ERA’s CAC members and representatives of consulting firms.
The Technical Analysis Committee (TAC), having performed the detailed evaluation of the proposals, submitted
their analysis to Contract Award Committee (CAC).
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The final Technical Proposals Evaluation Report was endorsed by CAC and approved by the DG on 30/07/2009.
As per the technical evaluation result,only one consulting firmwas technically responsive.
The financial proposal of the only one technically responsivefirm was opened on August 11, 2009 at 2:30 pm in
the presence of ERA’s CAC membersand representative of the firm.
The tendering procedure and the evaluation of financial proposal was carried out by TAC. The selection criterion
for the highest score of the firm is based on the aggregate score results of 80% technical and 20% financial
proposals.
TAC, after having evaluated the financial proposal, recommended the following reasons for re-tendering;
Considering the absence of adequate competition in the bidding process,
Unreasonably high offer of the scorer consultant for phase I and II, which is a sign of front loaded offer,
and
Considering a lower offer for phase III of the objectives of the service.
Considering the above reasons, the PE didn’t award the Bid to the scorer instead cancelled the Bid and re-
tendered the construction works based on Design and Construct Contract strategy taking into account the
urgency of the project and using the previous design as a scope design.
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The issue has been forwarded to the PE’s and gave the following explanation:
All the six shortlisted firms have been invited to submit their proposal. Four consultants have not
submitted their proposals at their own discretion; whereas, in ERA’s letter of invitation to submit
proposal the consultants were requested to confirm whether they are going to submit their proposal for
the project or not.
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The PE has entered into two Construction Supervision Contracts with different Consulting Firms in order to
supervise the Construction Works. The need for additional Supervision Contract was due to the expiry of the
contract duration of the first Supervision Contract. Initially the PE has entered into Contract Agreement with
DANA and Associates Plc Consultants in JV with IDCON Infrastructure Development Consultant plc on April 05,
2011.
The following three (3) firms have submitted their proposals on or before the deadline for submission of
proposals.
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The envelopes containing the technical proposals were opened immediately after the deadline for submission of
proposals in the presence of ERA’s CAC members and representatives of consulting firms.
The Technical Analysis Committee (TAC), having performed the detailed evaluation of the proposals, submitted
their analysis to Contract Award Committee (CAC).
The final Technical Proposals Evaluation Report was endorsed by CAC and approved by the DG on 30/04/2010.
As per the technical evaluation result consulting firms who submitted proposals were technically responsive.
The financial proposals were opened on 13th of May 2010 at 3:00 pm in the presence of ERA’s CAC members.
The tendering procedure and the evaluation of financial proposals were carried out by TAC. The selection
criterion for the highest score of the firm is based on the aggregate score results of 80% technical and 20%
financial proposals.
TAC, after having considered the scores and conditions proposed by the consulting firms, recommended and
CAC members endorsed to award the contract to DANA and Associates Plc Consultants in JV with IDCON
Infrastructure Development Consultant plc with ceiling contract amount of ETB 16,467,951.13 inclusive of VAT
and local taxes on 08/11/2010.
On December 15, 2010, contract negotiation has been carried out between ERA and the scorer consultant. As
per the discussion, both parties have agreed the original proposed contract amount of the service, which was
ETB 16,467,951.13, is changed to ETB 12,541,092.13 inclusive of VAT and local taxesas a Contract Price and
made agreement on April 5, 2011.
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Actual elapsed period of Procurement process (from 25/02/2010 to 05/04/2011) = 13 months and 10
days,
Expected completion of Procurement process = 3 months
Difference = 10 months and 10 days,
There was a delay on processing the procurement for more than 10 months than expected.
The issue has been forwarded to the PE’s and gave the following explanation:
The PE admits that the approval of combined technical and financial evaluation repot has taken considerable
time; but, what matters most is the procurement of Construction Supervision Service shall be/was
undertaken concurrently & side by side of the Construction Works Contract, while Works contract tender
may have a chance of being cancelled or other decisions may be made on the way forward to delivery or
scope change, the approval process of supervision contract may be pended/ delayed until the procurement
process of the works contract reaches to a promising level of approval. Accordingly procurement undertaken
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and the contract agreement for the Construction Supervision Service and the works contract were signed on
April 05, 2011 and April 25, 2011 respectively.
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Following with the withdrawal of the 1st Construction Supervision Contract, the PE has entered into Construction
Supervision Contract Agreement for the 2nd time with Transport Construction Design Share Company
onDecember 15, 2014 in order to carry out the continuation of the construction supervision and follow up of the
full engineering design and construction works of the relevant project.
All the invited firms have submitted their proposals on or before the deadline for submission of proposals.
The envelopes containing the technical proposals were opened immediately after the deadline for submission of
proposals in the presence of ERA’s CAC members and representatives of consulting firms.
The Technical Analysis Committee (TAC), having performed the detailed evaluation of the proposals, submitted
their analysis to Contract Award Committee (CAC).
The final Technical Proposals Evaluation Report was endorsed by CAC and approved by the DG on September
24, 2014. As per the technical evaluation result all consulting firms who submitted proposals were technically
responsive.
The financial proposals were opened on October 16, 2014 at 2:30 pm in the presence of ERA’s CAC members.
The tendering procedure and the evaluation of financial proposals were carried out by TAC. The selection
criterion for the highest score of the firm is based on the aggregate score results of 80% technical and 20%
financial proposals.
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TAC, after having considered the scores and conditions proposed by the consulting firms, recommended and
CAC members endorsed to award the contract to Transport Construction Design Share Company with ceiling
contract amount of ETB 12,690,599.17 inclusive of VAT and local taxes on 18/11/2014.
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No evidences are available for insurances required by the Contract Requirements (General and Special
Conditions of Contract stated in Clause 48.1 – i, ii, iii and v) showing that such insurances have been taken out
and maintained by the Supervision Consultant.
The only document available on the Contract Document is Professional Indemnity Policy as required by
General and Special Conditions of Contract stated in Clause 48.1 – iv,
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The PE intended to construct the relevant Road Project using the services of a Contractor experienced in the
investigation, design and Construction of Roads and has tendered based on Design andBuild Contract. The work
consists of furnishing design plan, documentation, equipment, materials, labor and incidentals to successfully
complete the project in compliance with the Contract Provisions.
After finalizing the necessary Technical and Financial proposals Evaluations of the bidders, the PE has entered
into Contract Agreement to the scoreron 29th day of March, 2011. The Contract has started on April 25, 2011 and
now is in progress.
Among the above fifteen prospective bidders who have bought the tender documents from ERA, only three (3) of
them (see Table 8.2) have submitted their qualification applications and financial offers in separate sealed
envelopes before/on December 16, 2010, 2:30 PM which is the latest date of submission of bids.
Table 8.2: List of Applicants who submitted their applications for post qualifications and financial Bids
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The evaluation of bids has been a two stage procedure, namely, Post Qualification and Financial Bid Evaluation.
The evaluation process has been carried out by assigned TAC and recommended two bidders indicated in Table
8.3 below to be post-qualified and their Financial Bids to be opened. One bidder was rejected from further
evaluation due to bid security problem in compliance with sub-clause 13.1 of the bidding document.
Table 8.3: List of Post-Qualified Bidders
Item No. Applicants Country of Registration
1 Amahara Road Works Enterprise Ethiopia
2 SATCON Construction PLC Ethiopia
Total 2
A report for post-qualification evaluation has been endorsed by CAC and approved by the DG of ERA on
February 02, 2011.
The financial bids of the post-qualified firms have been opened on February 16, 2011 at 2:30 pm.
TAC, having performed the evaluation of the financial bid, submitted their report to CAC.
After conducting discussions on TAC’s report on March 01, 2011, CAC members endorsed the recommendation
of TAC to award the Contract to the lowest evaluated bidder, SATCON Construction PLC, with a total lump sum
cost of ETB 947,920,000.00 including VAT.
The endorsement of the final Bid Evaluation Report for the Contract has been approved by the DG of ERA on
11/03/2011.
After the PE forwarded letter of acceptance letter on 28/03/2011, the Contract Agreement has been signed
between the two parties on 29th day of March, 2011.
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The Commencement date the Contract and progress ofconstruction works are referred from copy of
monthly status report without signed and sealed on it collected from district staffs as well as not officially
distributed document to concerned parties.
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One of the expected reasons for submission problem of bidders has been analyzed on the choice of the PE to
perform the construction works based on new delivery method (Design & Build).
Actually the PE’s initial plan was to procure the design service and construction works separately. Consequently
the PE has tendered the design service jointly with supervision service. However, due to submission problem of
Bid Offer by the prospective shortlisted bidders for Design and Supervision Services the Bid has been
cancelled.Following the cancellation, it has been decided not to conduct design and related studies separately by
the Consulting Firm,Following the cancellation, it has also been decided to procure the Construction works based
on Design & Build.
According to the PE’s explanation, it is stated that Design & Build method was found to be better
alternative since it was difficult for the PE to prepare design due to difficulty of the project area especially
the terrain with very limited access and includes Tourist Attraction centers/parks; hence, the delivery
method transfers the design risk to the contractor and ensures soonest possible delivery of the project for
intended purpose of the public.
As a general practice prevailed in our country, most of the construction works are tendered without incorporating
the design part in such a way that the probability of local contractors to have adequate experience on the new
delivery methodwill be low.Therefore the absence of such experience on the field could underminelocal
contractors to participate on the bid with full confidence. Moreover it is rare to have adequate and experienced
designers retained by the local contractors to overcome the design service. As a result of such and other related
case the probability of participation of local contractors on the new delivery method bid could be less.
In addition to these the evaluation criteria to be set out in the Bid Documentsfor new delivery system could be a
challenge for the bidders and contributing factor to the problem.
The issue has been forwarded to the PE to have their response on submission problem of bidders including
otherpoints of consideration to continue the procurement process with lesser bidders that expected. Accordingly
the PE addresses the following points.
According to the PE’s explanation the new delivery method could not be the reason for the problem of bid
submission as described below;
Thechoice of new delivery method for the bid could not be the reason for undermining the competition due to
the fact that the qualification criteria for bidding set with similar frame work adopted for traditional design-bid-
build delivery projects and does not require specific experiences in road design, survey and investigations
except separate design crews are required among the key personnelrequirements, which is not a rejection
criteria.
Rather, the PE stated the following potential reasons for shortage of competition which may be attributed to;
Prospective bidders’ limitation of resources & capacity for the intended volume of works
The DB system was almost a new entry to the construction sector, particularly to theroad sector of Ethiopia.
Associated to this, local bidders may not tend to simply accept the risks associated the delivery system and
payment modalities which are different from the traditional contracts by which the public body takes the
design risk and payment is based or BOQ (admeasurement contracts).
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The decrease in participation of foreign bidders may be related to the tendering procedure, to which the
price quotation and payment is fully made in local currency.
Notwithstanding to the above, the following confirmations have been given by firms for similar other projects as
per the PE’s enquiry; which may be the potential reason for the case;
The notice of invitation for bids didn’t show the major qualification criteria for qualifying, and bidders couldn’t
have a chance to assess their capability for bidding and/or executing the project.
Bidders might not be able to finalize preparation of their bids before the deadlineof submission,
Foreign contractors purchase the bidding document and send the same to their respective head offices
abroad. After the head office evaluates/prioritize projects under tender, the firms participate on those which
they are more interested based on type, location and complexity of projects, as well as in consideration of
progress of ongoing projects and resources allocated for same locally.
In the meantime of the deadline for submission of bids for the subject project, a firm may be successful in
another project anywhere, and due to such commitment, a firm may not be capable to participate in the
tender,
Etc.
It is clear that the consequences on submission problems of Bid Offer by the prospective bidders could not be
simple. The existence of more competitors on the bid will have a better benefit both on quality & cost for the PE to
select qualified contractor for the intended work. When we look on this respect, the probability of the PE on
loosing such benefits will be high.
On the other handwhen we look on the points consideration stated by the PE on keeping theirbenefit is
appreciated. The entry of new procurement system for applicable projects is a good start towards keeping public
body benefit in different angle. There will be also benefit for our local contractors to build up their capacity and
experience on the field. As a whole the practice of design and build procurement method has given a lot of
benefits to other countries which our country lacks before.
Apart fromthe explanation given, no information is addressed for the PE effort on dealing the matter and
discussion conductedat the time of occurrence.When we go throughthe PE’s response to the issues, it
concentrates on the potential reasons that may be attributed to the problems.
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reporting period including Engineer’s Representative facilities, was 68.02 %. Up to the end of Dec., 2014
reporting period, 1340 calendar days has been elapsed. Currently the Contract is on progress.
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Professional Indemnity Insurance for Design (sub-clause 18.2): theContractor shall effectProfessional
Indemnity Insurance, which shall insure the contractor’s liability by reason of professional negligence in the
design of the works.
Insurance for Works equipment (sub-clause 18.2): the Contractor shall insure the construction equipment,
plant, material &works in the joint name of Employer, the contractor&subcontractor against all loss or
damage (Contractor’s All Risk Insurance),
Insurance against injury to persons & damage to property, Third Party Insurance(sub-clause 18.3) the
Contractor shall insure against liabilities to third parties in the joint name of Employer the
contractor&subcontractor for any loss, damage, death or bodily injury (the limit of third party insurance is
Birr 2,000,000.00),
Insurance for workers (sub-clause 18.4): the Contractor shall effect and maintain insurance against loses
and claims arising from the death or injury to any person employed by the Contractor or any Subcontractor.
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It has been observed that the overall performance of the PE on Contract Procurements and its implementation
have been carried out in well-organized way. Detailed working procedures and criteria have been designed and
properly recorded. In line with the PE’s performance, however, some issues are observed and highlighted to the
concerns which the PE to look forward.
It is our concern to the PE on the management of bulky documents on maintaining and obtaining as required. It is
observed some difficulties to access records (for example, Evaluation Reports for EOI of Design and Supervision
Service) which had not been more than 10 years. It is not an easy task on maintaining the records as the PE is
performing huge number of projects within a year. However attention has to be given on designing and
implementing proper management system and it shall also be the PE’s duty to maintain such records in
compliance with article 32 of the PPA Directive.
It has been observed for taking prolonged time than expected for the completion of the procurement processes
Supervision Service Bid. We draw our attention to the PE to organize all the necessary resources and design
efficient procurement plans in consideration for the completion of the Supervision Service procurement process in
parallel with the respective Construction Works Bid.
Problem on submission of Bid offer by Bidders after purchasing is another issue observed for Construction Works
and Supervision Contracts. It is our comment for the PE’s attention to investigate the root causes for the problem
for further improvement. It is also advisable to look on the fairness of Bid requirements set out with respect to the
volume of works so that more Bidders can be participated for the Contract.
The replacement of Supervision Firm is another issue which the PE to look forward in compliance with the
Contract Provision and in terms of the benefit it gains for making an extension of Contract to the original
Supervision Firm. It is our belief to the PE on taking the advantages by complying with the Contract Provision to
the renewal of the original service Contract so that smooth continuation to supervision services will be prevailed.
The delay on timely furnishing the required Insurances by the Construction Works Contractor is the issue
observed which need PE’s attention. It is our concern for the PE that the contract shall be administered properly
and to reacttimely and make action on resolving the issues in compliance with in compliance with its contractual
provisions.
Finally it is our belief that the study has identified key findings and highlighted the necessary recommendations
which can contribute to some extent for the improvement of the PE’s on future performance.
Page 37 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
SUPERVISION SUPERVISION
ITEMS OF DISCLOSURE CONSTRUCTION
(PHASE I) (PHASE II)
Page 38 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Type & Amount of bid security ETB 10,000.00 Bid Securing Declaration ETB 500,000.00
Content of any complaint lodged No complaint lodged No complaint lodged No complaint lodged
Engineer’s estimate NA NA No Engineer’s estimate
Date of bid opening January 10, 2011 September 02, 2014 December 16, 2010
Applied for EOI - DNA
Applied for EOI - DNA
Participated – 3 ( invited by
Participated – 6 ( invited by ERA Participated – 3,
Number of bidders: Participated, rejected and ERA letter after EOI)
letter after EOI) Rejected – 0 and,
declined to submit Rejected – 0, and
Rejected – 0, and Declined to submit – 12
Declined to submit – 3
Declined to submit – 0
DANA and Associates plc
Engineering Consultants in
Transport Construction Design
Awarded firm/contracting firm JV with IDCON SATCON Construction PLC
Share Company
infrastructure development
Consultants plc
Minutes of negotiation Minutes of negotiation
Date of contract award March 28, 2011
December 15, 2010 November 25, 2014
ETB 12,541,092.13 incl. of ETB 12,690,599.17 including VAT
Award price/original contract price ETB 947,920,000.00 including VAT
VAT and local taxes and local taxes
Professional Indemnity
Professional Indemnity Insurance: Advance Guarantee:
Insurance:
Insurance guarantee Insurance guarantee
Insurance guarantee
ETB 12,690,599.17 ETB 164,855,652.17
Contract security type and amount ETB 12,541,092.13 Performance Bond:
Advance Guarantee: Insurance guarantee
Advance Guarantee:
DNA ETB 94,792,000.00
DNA
Date of contract signing April 05, 2011 December 15, 2014 March 29, 2011
To carry out the Furnishing complete Design and Construction of 57.8 km of
construction supervision engineering services in all new Roadto DBST standard including
Contract scope and follow up of the full respects, including all field and construction of minor and major
engineering design and office work in strict adherence to drainage structures using the available
construction works of the the highest standards of the civil designs prepared in 2005 and 2006 as
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Buahit – Dilyibza Design and Build Road Project – Final Report
project. engineering profession and with a scope or preliminary design.
proper interpretation and full
understanding of the duties and
responsibilities of the Employer
representative for the
construction of the remaining
works.
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Buahit – Dilyibza Design and Build Road Project – Final Report
To ensure that the road is
constructed within the
Contract Price and Time for
Completion allowed under
the Contract or any agreed
amendments thereto.
Contract duration 36 months+1 man month 24+12 Months 1096 Calendar days
Contract start date April 25, 2011 January 22, 2015 April 25, 2011
Intended completion date April 25, 2014 January 22, 2017 April 25, 2014
Contract status (ongoing (% progress) Ongoing –
Terminated Ongoing
68.02 % (until Dec., 2014)
completion date (Revised) April 25, 2014 NA June 03, 2015
CONTRACT IMPLEMENTATION &
Page 41 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Scope at completion NA, as the Contract is not NA, as the Contract is not
DNA
completed
DISCLOSURE OF PROJECTINFORMATION completed
Changes to contract scope with reason The original road length (57.8 km) is
DNA No change
changed to 72.551 km.
Date of disclosure January 30, 2015
Total payment effected (Certified) ETB 12,557,414.84 (until ETB 761,007,885.15 incl. VAT (until
DNA
PRELIMINARY PROJECT
Note:
NA – Note Applicable
DNA – Documents not Available
Page 42 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Woreda).
Purpose Connect the areas to the east and west of the Ras Dashen Mountain.
Project description Construction Works:
The works of the contract consists of Design and Construction of new road to DBST
standard.
The work also includes construction of minor and major drainage structures.
Original Project Scope Construction Works:
Design and Construction of 57.8 km of Buahit – Dilyibza Road Project.
Project Components Supervision: To carry out the construction supervision and follow up of the full
engineering design and construction works of the project .
Construction Works: Design and Construction of new road.
Environmental impact Landscape and Slope Stability,
Soil Erosion/ Impairment,
Impacts on Drainage and Water Resources,
Air pollution,
Noise Pollution,
Impacts on Flora and fauna, etc.
land & settlement impact Impacts on Land under Various Uses,
Expropriation of Properties & Resettlement,
Hazards from Blasting and Earthwork Activities, etc.
Estimated budget of the project with breakdown of components Supervision I: ETB 12,541,092.13 incl. of VAT and local taxes
Supervision II: ETB 12,690,599.17 including VAT and local taxes.
Construction Works: ETB 947,920,000.00 including VAT
Right of way – DNA
Price Adjustment:ETB 170,212,119.94 ( until Dec., 2014)
Funding sources The Government of Federal Democratic Republic of Ethiopia.
Project budget approval date DNA
Project start date (planned, actual) DNA
Planned/ Original duration for completing the whole project DNA
Planned/Original cost of the project DNA
Page 43 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Cost of the project at completion NA, as the project is not completed
changes of project cost with reason DNA
Project completion date (Revised) DNA
PROJECT INFORMATION AT COMPLETION
Actualduration for completing the whole project NA, as the project is not completed
changes of project duration with reason DNA
Project Scope at completion NA, as the project is not completed
changes of project scope with reason DNA
Reference to documents for disclosure upon request 1. Bid Evaluation Reports – Consultancy services for the construction
(reactive disclosure) supervision,
2. Bid Evaluation Reports – Consultancy services for Design,
3. Post Qualification Evaluation Report – Construction works,
4. Bid Evaluation Reports – Construction works,
5. Contract Agreement – Construction works,
6. Contract Agreement – Construction supervision,
Note:
NA – Note Applicable
DNA – Documents not Available
Page 44 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Engineer’s estimate NA
Date of bid opening May 28, 2009
Applied for EOI – DNA
Number of bidders: Participated, rejected and declined to Participated – 2 ( invited by ERA letter after EOI)
submit Rejected – 0, and
Declined to submit – 4
Awarded firm/contracting firm NA
Date of contract award NA
Contract scope NA
Description of contract & Contract components NA
Contract administration entity NA
Contract duration NA
Note:
NA – Note Applicable
DNA – Documents not Available
Page 46 of 49
Buahit – Dilyibza Design and Build Road Project – Final Report
Referred
Item
Section& Page Information Included in the Report PE’s (ERA’s) Comment AP’s Response
No.
No.
1 On page 7, sub- Alongside with PE’s effort however the In our opinion, there is no difficulty in acquiring CoST Ethiopia has tried its best on
topic 1.2.1.1 Disclosure and Assurance Process forthe any of the requested documents from the PE acquiring documents in different time by
Difficulty to following issuescouldn’t be analyzed and (Procuring Entity). communicating PE’s office through
Access Relevant included in this reportdue to some In relation to this, the PE’s (Procuring Entity’s) letters and verbally.
Documents inconveniency on acquiring the respective performance on the implementation of the The PE couldn’t also forward the
documents. project against the intended plan and the necessary documents along with their
construction supervision before or after comments as described in the report.
The PE’s performance on the
December, 2014 could easily be obtained from Therefore PE’s response to the issue
implementation of Contracts
the monthly reports submitted by the couldn’t be considered to incorporate in
under the Project in compliance
Employer’s Representative every month. the report.
with the intended Project Plan,
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Buahit – Dilyibza Design and Build Road Project – Final Report
Latest Annual, Quarterly or Monthly Latest Annual, Quarterly or Monthly Progress CoST Ethiopia has tried its best on
Progress Reports Reports are available and can be reviewed any acquiring documents in different time by
time. communicating PE’s office through
letters and verbally.
The PE couldn’t also forward the
necessary documents along with their
comments.
Total Cost for Right of way No comment
Approved Payment Certificates for both The information is available at any time CoST Ethiopia has tried its best on
Supervision Service Contracts (latest) acquiring documents in different time by
Instruction Notices forwarded to Notice/Instructionto Commence the communicating PE’s office through
Construction supervision Firms to Construction supervision Firms is available. letters and verbally.
Commence their Contracts The PE couldn’t also forward the
3 On the Table Changes to Contract Price with reason: Document is available for total payment necessary documents along with their
DNA effected (certified) comments.
Page 48 of 49