SALIMA, MALAWI: ESIA - REQUEST FOR PROPOSAL

SALIMA, MALAWI: ESIA - REQUEST FOR PROPOSAL

1 21 ST. CLAIR AVENUE EAST, SUITE 700 TORONTO, ONTARIO M4T 1L9 CANADA JCMPOWER.CA

Dear Sir/Madam: JCM Matswani Solar Corp Limited (ProjectCo) requests a competitive proposal for an ESIA Study for a large-scale solar photovoltaic (PV) project in Salima, Malawi. ProjectCo is a limited liability corporation in Malawi owned, developed and managed by a consortium composed of InfraCo Africa Limited, JCM Power and Matswani Capital (PTY) Limited. ProjectCo has set out to develop, finance, build, own and operate an up to 40MWAC solar PV plant in Salima, Malawi (the Project) on an 80-hectare site within 4km of the Salima (Nanjoka) substation in Malawi. The estimated coordinates of the center of the site are -13.709444, 34.326576 (Note: the official coordinates of the site boundary are currently being finalized with the local authorities). The coordinates of the center of the Salima (Nanjoka) substation are -13.753804, 34.331411. Enclosed is the Project Background and Scope of Work for the ToR. Please confirm via e-mail within two (2) business days whether a proposal will be submitted by your company. Proposals must be received by ProjectCo no later than February 2nd, 2018. Please provide proposals electronically via e-mail at [email protected] and [email protected]. Award notification is envisaged no later than February 9th, 2018

to have a single contract that covers the complete Scope of Work and bidders are encouraged to include sub-contractors to fulfil the Scope of Work as needed. However, ProjectCo reserves the right to contract separately. Given the nature of project development in Malawi, ProjectCo reserves the right to suspend or terminate the work at any time. All information presented herein should be considered and treated as confidential. Sincerely,

Patrick Godfrey Project Developer JCM Matswani Solar Corp Limited


Contents 1 The Project Company, Sponsor Group and Background .......................................................... 3

1.1 About JCM Power ................................................................................................................ 3

1.2 About InfraCo Africa ............................................................................................................. 3

1.3 About Matswani .................................................................................................................... 4

2 Project Background and Rationale ............................................................................................. 4

3 Tasks ............................................................................................................................................. 5

3.1 Task 1: Kick-Off Meeting, Site Visit and Information Gathering ........................................ 5

3.1.1 Scope of Work ............................................................................................................... 5

3.1.2 Deliverables .................................................................................................................... 6

3.2 Task 2: Environmental and Social Impact Study .................................................................. 6

3.2.1 Introduction .................................................................................................................... 6

3.2.2 Phase 1: Project Scoping ............................................................................................... 7

3.2.2.1 Scoping & ESIA Terms of Reference .................................................................... 8

3.2.2.2 Stakeholder Engagement Plan .............................................................................. 9

3.2.2.3 Deliverables ............................................................................................................. 9

3.2.3 Phase 2: E&S Assessment ........................................................................................... 11

3.2.3.1 Environmental and Social Impact Assessment ................................................... 11

3.2.3.2 Stakeholder Engagement and Public Consultation ............................................ 12

3.2.3.3 Deliverables ........................................................................................................... 13

3.2.4 Phase 3: E&S Management ......................................................................................... 14

3.2.4.1 Resettlement Action Plan .................................................................................... 15

3.2.5 Phase 4: Assistance with Financing ............................................................................ 15

4 Requirements and Assets .......................................................................................................... 15

5 Required Components of the Proposal ................................................................................... 16

6 Selection Process ....................................................................................................................... 16


1 The Project Company, Sponsor Group and Background

ProjectCo is a Malawi special purpose vehicle (SPV) incorporated to develop, finance, build, own and operate solar energy projects. The SPV shareholders include:

• JCM Power (Project Sponsor a Canadian company), InfraCo Africa Limited (Co-development Funder/Partner incorporated in England and Wales) and Matswani Capital (Co-development Partner incorporated in South Africa)

JCM Power and InfraCo Africa Limited will provide the development capital to bring the project to financial close, while Matswani Capital, through a separate services agreement, provides development services to the ProjectCo in Malawi.

1.1 About JCM Power

JCM Power is an experienced Canadian solar power developer transitioning to become an independent power producer, focused on renewables (primarily solar PV) in high growth markets that are critically short of power supply.

With a successful track record of developing solar PV projects and a transmission link in North America, in Sub-Saharan Africa, Latin America and Southern Asia.

JCM Power executives have over 160 years of cumulative power, development and emerging markets experience, achieved through senior level positions at Enel, Engie, Gas Natural Fenosa, IFC/World Bank, OPG, Recurrent Energy and Vestas.

JCM Power currently has 12 projects under development (seven in sub-Saharan Africa, three in Latin America, one in Pakistan, one in Canada/USA) and, to date, has secured over $115 million to develop and construct its current portfolio of diversified clean power projects, including over $60 million grant funding, concessionary loans and development co-investment capital from DFIs.

1.2 About InfraCo Africa

InfraCo Africa Limited (InfraCo) seeks to alleviate poverty by mobilizing investment into sub-Saharan infrastructure projects. InfraCo does this by funding teams of experienced project developers or by investing directly into projects which need the financial commitment and leverage that InfraCo can bring.

InfraCo is part of the Private Infrastructure Development Group (PIDG). Established in 2004, InfraCo is managed as a private company although funded by the governments of Austria (ADA), the Netherlands (DGIS), Switzerland (SECO) and the UK (DFID US$2 billion of investment and provided new infrastructure for approximately 13 million people, improving living standards and powering economic growth in sub-Saharan Africa.

http://www.infracoafrica.com/who-we-are/our-developers/

http://www.pidg.org/

http://www.entwicklung.at/en/austrian-development-cooperation/actors/ada/

https://www.government.nl/ministries/ministry-of-foreign-affairs

http://www.seco.admin.ch/?lang=en

https://www.gov.uk/government/organisations/department-for-international-development


1.3 About Matswani

Johannesburg-based Matswani Capital (PTY) Ltd. (Matswani), a company specializing in the development of several types of projects within sub-Matswani is headquartered in South Africa, it also has a full-time presence in Malawi and Mozambique.

2 Project Background and Rationale ProjectCo is developing an up to 40MWACsolar photovoltaic (PV) power project in Salima, Malawi (the Project). The Project is in mid-stage development, having concluded prefeasibility studies, initial permitting and recently being awarded preferred bidder status through ESCOM's competitive tender for the supply of solar PV power in Malawi. ESCOM will purchase the power generated from each system via 20-year power purchase agreements (PPA). To achieve sound environmental and social performance, ProjectCo will adhere to several international policies and best practices. First and foremost, ProjectCo follows the local laws and regulations required under each jurisdiction in which we develop, own or operate a renewable energy and/or transmission projects, including laws on host country obligations under international law. ProjectCo abides by international labour standards and ensures that any partner, investee or other stakeholder will follow the same standards. ProjectCo also ensures that its anti-corruption and bribery policies are adhered to in every host country which conform to the big three regulators based in the UK, US and Canada. ProjectCo applies International Finance Corporation (IFC) ESG performance standards to its projects. For clarity, the Performance Standards 1-8 developed by the IFC, establish the requirements of any project

Performance Standard 1: Assessment and Management of Environmental and Social Risks and Impacts Performance Standard 2: Labor and Working Conditions Performance Standard 3: Resource Efficiency and Pollution Prevention Performance Standard 4: Community Health, Safety, and Security Performance Standard 5: Land Acquisition and Involuntary Resettlement Performance Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources Performance Standard 7: Indigenous Peoples Performance Standard 8: Cultural Heritage


Figure 1: Project Site Boundary in Red

3 Tasks

3.1 Task 1: Kick-Off Meeting, Site Visit and Information Gathering

3.1.1 Scope of Work

The Consultant shall hold a kick-off meeting with ProjectCo in Lilongwe, or at a separate location determined by ProjectCo, within one (1) week of contract award to review the ToR with ProjectCo and develop a detailed work plan based The Work Plan shall detail the Study

this kick-off meeting, the Consultant shall establish ProjectCo desired reporting formats and timing for monthly reporting updates. ProjectCo team shall be identified and roles and responsibility of each member established. The Consultant, with assistance from ProjectCo, shall confirm and/or identify the key Project stakeholders such as:

•

•

•


and review their interest and influence on the implementation of the Project. As part of the Study, the Consultant shall specifically address the role and requirements of ESCOM as the primary off-taker for the Project in line with the Power PurcConnection Agreement ProjectCo. ProjectCo shall provide the Consultant with any relevant and existing reports, including previous feasibility studies, solar radiation data collected, site surveys, environmental studies, geotechnical analysis, and electricity infrastructure drawings. The Consultant shall review this material, identify any information gaps and develop a plan for collecting such information. The Consultant shall discuss with ProjectCo the required access to the proposed site and the approach for collecting data from various sources. ProjectCo

information sources in Malawi, and review and approve other Project stakeholders to assess their interest in, and potential impact on, the Project. The Consultant and ProjectCo shall undertake a site visit together with key Project stakeholders to identify key points of concern and planning related to the Study and the Work Plan.

3.1.2 Deliverables

The Consultant shall provide ProjectCo with a report that contains all findings and provides a detailed account of all work performed under Task 1, including:

1. The Work Plan that details the Study timeline, milestones, deliverables, and roles and

responsibilities of the Consultant and ProjectCo for successful completion of the Study;

2. A review of key stakeholders and outreach conducted to gather stakeholder feedback on

the Project;

3. A review of Project materials and existing reports, identification of information gaps, and

plan for obtaining necessary information; and

4. A site assessment based on the site visit.

3.2 Task 2: Environmental and Social Impact Study

3.2.1 Introduction

The Consultant shall manage the Environmental and Social Impacthat the proposed Project complies with all relevant local environmental regulations; the necessary environmental permits have been secured by the project team; and the Project complies with World Bank/International potential sources of financing/funding (e.g. U.S. Ex-Im Bank, Overseas Private Investment Corporation

f The Consultant must be a reputable E&S Consultant with a track record and understanding of E&S requirements for internationally financed large scale solar PV projects to ensure the following overall objectives for the proposed Project are achieved:


1. Identification of measures the Project will need to undertake to avoid, minimize, mitigate

and compensate its significant E&S impacts;

2. Meet or exceed the relevant standards (listed below);

3. Ensure the Project obtains environmental authorization and any other licenses or permits

related to E&S issues;

4.

5. Ensure the Project meets international Lender expectations and requirements with

regards to E&S matters.

The ESIA will be carried out in accordance with the following reference standards and regulations: • All relevant Malawi relevant environmental Laws and Regulations, including Environmental

, 23, 1996);

• The 2012 IFC Performance Standards on Social & Environmental Sustainability;

• The World Bank Group Environmental, Health, and Safety General Guidelines (April

2007a); and

• The World Bank Group Environmental, Health, and Safety Guidelines for Transmission Line

(if relevant).

To evaluate possible environmental and social impacts and appropriate management and mitigation measures, the Services to be provided by the Consultant will be carried out over the following four phases:

1. Phase 1: Project Scoping;

2. Phase 2: E&S Assessment;

3. Phase 3: E&S Management; and

4. Phase 4: Assistance with meeting financing requirements.

The requirements and scope for each of these phases is described in detail below. The Consultant should not commence work on any new Phase until instructed to do so by ProjectCo. If a request to proceed to Phase 2 or 3 is not issued by ProjectCo, ProjectCo accepts no liability whatsoever for Services rendered or costs otherwise incurred beyond Phase 1, or Phase 2.

3.2.2 Phase 1: Project Scoping

The purpose of this Phase is to: 1. Identify the main potential adverse and beneficial impacts associated with the Project that

will be assessed in more detail during Phase 2;

2. Scope out areas that are not of significance that will not need to be investigated further in

the ESIA baseline;

3. Identify the main potential constraints on the Project foot print, analysis of which will feed

into defining the project layout and design to be assessed at Phase 2;

4.

-


5. Commence stakeholder engagement and develop an initial Stakeholder Engagement Plan

The work beyond Phase 1 shall only proceed after acceptance of the Scoping Report and ESIA-ToR by

3.2.2.1 Scoping & ESIA Terms of Reference

The scoping process identifies the issues that are likely to be of most importance during the ESIA and eliminates those that are of no concern and as such, these items need to be clearly defined in the Scoping Report. Scoping will conclude with the establishment of a detailed ESIA-ToR. The purpose of scoping is to identify:

1. The critical issues to be considered in an ESIA;

2. The Project stakeholders to be considered in an ESIA;

3. The appropriate time and space boundaries of the ESIA study;

4. The information necessary for decision-making; and

5. The significant effects and factors to be studied in detail.

As part of the Scoping Phase, the activities the Consultant will undertake will include (but not be limited to):

1. Develop the Project justification and rationale; and

2. Prepare a detailed project description.

3. Define the Project study area. This may cover:

a. Indirect Influence Area;

b. Direct Influence Area; and

c. Directly Affected Area.

4. Identify the key environmental conditions in areas potentially affected by the Project and highlight

those that may be vulnerable to aspects of the Project;

5. Describe their characteristics (nature, condition, quality, extent, etc.) now and in the future in the

absence of the Project; and

6. Provide sufficient data to inform judgments about the importance, value and sensitivity/

vulnerability or resources and receptors, to allow the prediction and evaluation of potential impacts.

A Socio-economic baseline will be produced to inform the area of influence. The resources that

should be investigated shall include, but not be limited to:

a. Terrestrial Soils and Geology

b. Surface and Ground Water

c. Fauna and Flora

d. Air Quality and Noise

e. Solid Waste Disposal and Sewage Management

7. Assess the alternatives to the Project and the Project site and give a justification on the proposed

Project site;


8. Identify and assess the relevance and implications to the Project of all applicable environment and

social laws, regulations and policies of Malawi and all relevant international standards and guidelines;

9. Identify, collect and review existing available data for the environmental and social baseline of the

defined Project study area and surrounding area and define the baseline data gaps. This will involve

identifying, accessing, and reviewing third party/secondary data and undertaking scoping visits to

the Project Site with the appropriate specialists;

10. Prepare the Scoping Report and detailed ESIA-ToR. The ESIA-ToR will include details and

methodologies of all the specialist studies required to be undertaken at the ESIA Phase;

11. Coordinate the development and delivery of answers to requests and questions from the EAD;

12. If required, obtain approval of the Scoping Report and ESIA-ToR by the EAD (and making any

amendments thereto as requested by the EAD subject to prior approval); and

13. The Consultant shall comply with the relevant national and international data protection law and

regulations.

3.2.2.2 Stakeholder Engagement Plan

authority and other responsible government agencies, is an integral part of the scoping process. It may be the first time that some members of the communities have heard about the Project, as such scoping will also provide an opportunity for all stakeholders to be informed about the Project and to review and comment on the proposed approach to undertaking the ESIA, to ensure it will address their concerns appropriately. Public input helps to ensure that critical issues are not overlooked when preparing the ESIA-ToR. The Consultant will commence stakeholder engagement and prepare an initial Stakeholder Register and SEP that will guide the stakeholder engagement process for the ESIA scoping and assessment phase and throughout the project life.

3.2.2.3 Deliverables

Scoping Report The Consultant will produce a Scoping Report containing as a minimum, the following chapters (however the Scoping Report will need to conform to the requirements of the EAD, as well as funder body requirements):

1. Introduction introduces the report, outlining the key goals and objectives;

2. Legal, Regulatory and Administrative Analysis details the legal, regulatory and

administrative frameworks and all the relevant IFC Performance standards under which the

ESIA will be conducted to meet the expectations of both the local authorities and

international requirements;

3. Project Description concisely describes the proposed Project and its geographic,

ecological, social, and temporal context;

4. Initial Baseline summarizes the available baseline data on the environmental and socio-

economic environment within the defined Project Area;


5. Assessment of Alternatives an unbiased and transparent assessment of alternatives

from an environmental and social perspective (with reference to the technical and

economic standpoints);

6. Scoping of anticipated impacts and high-level identification of potential mitigation

measures outlines the environmental and social effects of the Project on environmental

and social receptors;

7. Stakeholders Register and Key Stakeholder Consultation - summarizes the consultation

undertaken as part of Scoping Phase;

8. Terms of Reference for the ESIA Phase - provides details of any specialist studies that

may be required to complete the understanding of the baseline;

Stakeholder Engagement Plan (SEP) The Stakeholder Register will contain all details related to the identified stakeholders including, but not

limited to:

1. Identification Information: Name, organizational position, location, role relating to the

Project, contact information;

2. Stakeholder Characterization: Stance (opposed, moderately opposed, neutral, moderately

supportive, supporting) and current dialogue level with the Project (no contact, reactive

information, proactive information occasional direct contacts, regular direct contacts,

privileged relationship/active partnership); and

3. Assessment Information: Major requirements, main expectations, nature of the

expectations (contractual/legal, linked with contractual/legal, linked with corporate

responsibility), level of the expectation, degree of urgency, knowledge level about the issue,

potential influence in the Project.

The SEP will guide the stakeholder engagement process for the ESIA scoping and assessment phases (i.e. Phase 1 and 2) and throughout the Project lifecycle. It will build upon the Stakeholder Register and should provide:

1. Desired and current engagement levels of key stakeholders;

2. Scope and impact of change to stakeholders;

3. Identified interrelationships and potential overlap between stakeholders;

4. Stakeholder communication requirements for the ESIA;

5. Information to be distributed to stakeholders, including language, format, content, and level

of detail;

6. Timeframe and frequency for the distribution of required information to stakeholders; and

7. Method for updating and refining the stakeholder management plan as the project

progresses and develops.


3.2.3 Phase 2: E&S Assessment

The purpose of this Phase is to undertake a comprehensive assessment of the significance of the Project impacts and provide for avoidance or management of such impacts, based on the approved ESIA-ToR, and implement the SEP for the Project, as developed in Phase 1.

3.2.3.1 Environmental and Social Impact Assessment

The Consultant shall undertake a comprehensive ESIA of the Project based on the ESIA-ToR produced as part of the Scoping Phase. The topics and issues to be assessed will be defined in the ESIA-ToR and addressed in specialist studies where necessary. Impacts will be assessed for all phases of the Project construction, operation and decommissioning, and will inform the detailed design phase. Typical environmental and social topics associated with a Project of this nature will include, but not be limited to:

1. Physical Environment:

a. Geology, geomorphology and soils;

b. Mineral resources;

c. Climatology and meteorological conditions;

d. Flood risk;

e. Water resources (including water quality);

f. Noise; and

g. Air quality

h. Solid waste disposal

i. Sewage.

2. Biological Environment:

a. Terrestrial ecology (habitats, flora and fauna, including avifauna)

b. Aquatic ecology

c. Ecosystems services

3. Landscape and visual;

4. Greenhouse gas emissions;

5. Socio-economics and community including:

a. Population and demographics;

b. Land use and ownership;

c. Livelihoods and employment;

d. Traditional leadership and governance;

e. Cultural heritage and archaeology;

f. Local infrastructure including transportation, fuel and energy supply, water supply and

sanitation; and


g. Community health, safety and security.

6. Waste management (water supply, sewage and solid waste); and

7. Traffic and transport.

In each of these areas, the Consultant should also assess cumulative impacts and induced impacts. The Consultant will address opportunities for the Project to make a positive impact in each of these areas. The Consultant will identify the environmental and social baseline conditions to the extent necessary to robustly evaluate all potential aspects associated with the Project, including the transmission line and road expansion, if applicable. The baseline tasks will involve collecting and reviewing available environmental and social information via consultation and the use of existing databases, satellite imagery, and documents held by relevant authorities, universities, non-governmental organizations, existing reports and the internet. The Consultant and the appointed team of specialists will carry out the necessary investigations to gather, review and compile all relevant data and to consult with stakeholders. It is expected that the Consultant will undertake field work for all the relevant specialist studies. In addition, collection of baseline data and surveys will be undertaken to enable a robust assessment appropriate to the nature and scale of the Project. The spatial and temporal extent of the baseline surveys will be determined through professional judgment and industry best practice. Data will be relevant to inform decisions about project location, design, construction, operation, and mitigation measures. This section will indicate the accuracy, reliability, and data sources. Baseline information will be supported with figures and maps where possible. The Consultant and the appointed team of specialists will assess each of the environmental and social impacts identified in the Scoping Report following best practice procedures and processes including well defined methodologies and will present its findings in an organized and logical assessment format. The Consultant will include consideration of public consultation results and all stakeholder comments into the ESIA and record these in the live SEP. The Consultant will draft and submit to the EAD an Environmental

regulatory approvals for the Project.

3.2.3.2 Stakeholder Engagement and Public Consultation

The Consultant shall ensure that the concerns and views of all the stakeholders are incorporated during the ESIA. All comments will be responded to formally and addressed in the reporting as relevant. Consultation meetings will be held throughout the ESIA process. The Consultant shall engage with all stakeholders (both interested and affected parties) at all the Phases of this assignment and in line with the national requirements and international best practice. The views and concerns and opinions of women, youth and other groups that may be deemed as vulnerable should be gathered in a suitable way, taking into consideration their vulnerability, and will be considered via specific meetings, as required.


Public Disclosure The ESIA will be submitted to the EAD for review and approval. The EAD review entails that the draft ESIA will be advertised and made available for public review and comment (including in public libraries and at headquarters of the District where the Project comes within). The ESIA may also be placed on ProjectCo for review and comments. Public Hearings If the EAD considers it necessary to obtain more public views about the Project, it shall together with ProjectCo, conduct public hearings on dates and locations it would publicize in the media and through other local means suitable for the targeted stakeholders. Comments received on the draft ESIA will be assimilated and the final ESIA will then be submitted to the EAD as part of the decision-making process. Notwithstanding the above, the Consultant will ensure that disclosure requirements and stakeholder engagement also meet the requirements stipulated under the IFC Performance Standards. The Consultant should be available during all licensing processes to review the ESIA, and answer questions from Project Stakeholders.


The ESIA Report will contain the following separately bound volumes:

1. Volume I: Non-Technical Summary (NTS);

2. Volume II: ESIA Main Report; and

3. Volume III: ESIA Technical Appendices.

Please note, these deliverables will be required to comply with any specific reporting requirements of the EAD. Volume I: Non-Technical Summary (NTS) This will provide a high-level overview for identifying the scope and nature of the Project and predicted environmental and social impacts in non-technical language to will be understandable to a range of stakeholders. The NTS will be used as a tool to aid consultation and information disclosure. Volume II: ESIA Main Report The ESIA Main Report will follow the structure agreed with the EAD but will include:

1. Introduction;

2. Legal, Regulatory and Administrative Analysis;

3. Project Description;

4. Baseline;

5. Assessment of Alternatives;

6. Impact Assessment;


7. Mitigation Measures; and

8. E&S Management.

The Consultant will be required to develop a framework ESMP as part of the ESIA Main Report for the construction and operation of the proposed Project. The ESMP will be based on the findings of the ESIA. Furthermore, the ESMP will incorporate any specific measures or actions as may be required by the

meet IFC Performance Standards, as well as national requirements. The ESMP will cover the construction and operation phase of the project, and will include the following:

1. Establish the components of the Project ESMP, list and outline all the associated

management plans that may be required;

2. Describe the measures and actions to be implemented during the design, construction and

operational phases of the project to eliminate or reduce key identified impacts to

acceptable levels and to meet legal and other requirements with regards to environment

and social management;

3. Grievance mechanism process;

4. Identify how environmental and social performance will be monitored, audited and

reported; and

5. Present the timeframe for completing the actions.

The ESMP will also provide an outline of how environmental and social issues will be managed during the decommissioning phase of the project. Volume III: ESIA Technical Appendices These will provide the information and analysis compiled during the assessment that is too detailed to include in the Non-Technical Summary or Main Report. Stakeholder Engagement Plan The ESIA Report will be supported by a stand-alone SEP. The SEP developed will be updated at the close of the ESIA with greater focus on the construction and operational phases of the Project. The Consultant shall keep detailed records of all the stakeholder engagement activities undertaken including detailed minutes, registers, photos etc. of all meetings and stakeholder engagement undertaken (both under formal and informal circumstances).

3.2.4 Phase 3: E&S Management

On completion of the ESIA process the Consultant will develop an updated Environmental and Social

Project, develop required to update the framework ESMP to include any conditions as set out in the Environmental Permit/Authorization received from EAD. Furthermore, the ESMP will incorporate any specific measures


updated ESMP must cover the construction and operation phase of the project, and include the following, in addition to the framework ESMP:

1. E&S Policy Statement;

2. E&S standards;

3. Establish additional components of the Project ESMP, list and outline all the associated


4. Outline labour management and welfare requirements;

5. Identify roles and responsibilities for the Project and the EPC Contactor;

6. Identify how environmental and social performance will be monitored, audited and

reported; and

7. Present the timeframe for completing the actions.

The updated ESMP will form the basis of environmental and social protection provided by the

performance in accordance with international standards and best practice. The ESMP will guide the main

The ESMP will include construction guidelines that address how contractors should incorporate environmental and social considerations in their overall work.

3.2.4.1 Resettlement Action Plan

If physical and economic displacement are likely to be a result of the Project, a Resettlement Action Plan acceptable to Lenders will be required. A RAP terms of reference will be developed based on the

outcome of the ESIA. If there is no physical displacement, only economic, a Livelihood Restoration Plan pending on the outcome of the

Scoping phases, the Consultant will be required to provide a detailed proposal for the RAP or LRP. It may be decided, jointly with ProjectCo after Scoping, to initiate the RAP or LRP in parallel to the ESIA process. All land acquisition, compensation and livelihood restoration will be addressed in a RAP / LRP. The Consultant shall prepare the RAP / LRP in compliance with relevant Malawi Laws and the 2012 IFC Performance Standards in particular PS5 on Land Acquisition and Involuntary Resettlement.

3.2.5 Phase 4: Assistance with Financing

The Consultant shall assist in answering due diligence questions related to environmental and social issues from potential investors/Lenders in the Project. This is a post-ESIA activity and bidders are requested to submit hourly rates for identified (level not by name) staff for this Phase. Procurement of these services will be carried out on a needs basis.

4 Requirements and Assets

The successful bidder will:


• Have deep knowledge about the Malawian community, culture, Malawi Land Act (and other relevant acts and/or amendments) and relevant documentation and associated political and legal regimes

• Speak English

• Be available to begin working within one (1) week of being notified as a successful bidder

• Responsible for organizing travel to sites in Malawi

• Have a working knowledge of solar photovoltaic projects or similar projects in Malawi

• Be familiar with IFC Performance Standards

Speaking the local tongue of Chewa would be an asset as well.

The successful bidder shall:

• Abide by PIDG Anticorruption and Integrity Policy and Procedures or equivalent;

• Permit the inspection of all their accounts and records and other documents relating to the project that are required to be maintained pursuant to the agreement and to have them audited;

• Restore any amount of the funding with respect to which fraud and corruption has occurred; and

• Cooperate fully in any investigation into allegations of fraud and corruption.

5 Required Components of the Proposal The proposal must provide clear, concise responses to the scope of services requirements above including all expected fees, assumed hourly estimates, as well as an estimate of any miscellaneous or third-party costs required to deliver the work requested under this RFP. The proposal must also:

•

with communities impacted by the development, construction and operation of power projects;

• Provide any additional information relating to the bidder or members of the team and other key personnel involved that would be relevant to the evaluation of the proposal with a discussion about their relevant experience; and

• Include Curriculum Vitae (CV) of the key personnel conducting the work.

6 Selection Process


Proposals will be reviewed and evaluated by ProjectCo. Proposals must be received by ProjectCo no later than February 2nd, 2018. Final selection of the successful bidder will be announced by February 9th, 2018,

management committee approval.

TERMS OF REFERENCE Malawi- ESIA for a 40MW Solar PV plant

Contact: Patrick Godfrey | [email protected]

1

Contents 1 The Project Company, Sponsor Group and Background ............................................................................................................. 4

JCM Power ...................................................................................................................................................................................................................... 4

InfraCo Africa ................................................................................................................................................................................................................. 4

Matswani ............................................................................................................................................................................................................................. 5

2 General Requirements for Deliverables, Documentation and Reporting ................................................................... 5

3 Tasks ...................................................................................................................................................................................................................................................... 5

Task 1: Kick-Off Meeting, Site Visit and Information Gathering .............................................................................. 5

3.1.1 Scope of Work ................................................................................................................................................................................................ 5

3.1.2 Deliverables ......................................................................................................................................................................................................... 6

Task 2: Environmental and Social Impact Study ........................................................................................................................ 6

3.2.1 Introduction ......................................................................................................................................................................................................... 6

3.2.2 Phase 1: Project Scoping ...................................................................................................................................................................... 7

3.2.3 Phase 2: E&S Assessment ............................................................................................................................................................... 11

3.2.4 Phase 3: E&S Management ............................................................................................................................................................ 14

3.2.5 Phase 4: Assistance with Financing ...................................................................................................................................... 15

2

Abbreviations

AfDB

E&S

EAD

EHS

EIS

EMA

EPC

ESAP

ESCOM

ESIA

ESIA-ToR

ESMP

FAT

GCA

JCM

IFC

ITT

LRP

MERA

MNREM

NTS

O&M

OE

OPP

PDL

PPA

African Development Bank

Environmental & Social

Environment Affairs Department of Malawi

Environmental Health & Safety

Environmental Impact Statement

Environmental Management Act

Engineering, Procurement, and Construction

Environmental and Social Action Plan

Electric Supply Company of Malawi

Environmental and Social Impact Assessment

Environmental and Social Impact Assessment

Terms of Reference

Environmental and Social Management Plan

Factory Acceptance Test

Grid Connection Agreement

JCM Matswani Solar Corp Limited

International Finance Corporation

Invitation to Tender

Livelihood Restoration Plan

Malawi Energy Regulatory Authority

Malawi Ministry of Natural Resources

Non-Technical Summary

Operation & Maintenance

Owners Engineer

Operating Policies and Procedures

Preliminary Design Layout

Power Purchase Agreement

3

PV

RAP

Scoping Report

SEP

The Consultant

The Project

The Study

The Work Plan

TMY

ToR

Photovoltaic

Resettlement Action Plan

Environment and Social Scoping Report

Stakeholder Engagement Plan

Firm to perform the feasibility study

40MWAC Malawi solar PV project

Feasibility study

Detailed work plan based on Terms of Reference

Typical Mean Year

Terms of Reference

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Terms of Reference

1 The Project Company, Sponsor Group and Background

JCM Matswani Solar Corp Limited is a Malawi special purpose vehicle (SPV) incorporated to develop, finance, build, own and operate solar energy projects. The SPV shareholders include:

• JCM Power (Project Sponsor a Canadian company), InfraCo Africa Limited (Co-development Funder/Partner incorporated in England and Wales) and Matswani Capital (Co-development Partner incorporated in South Africa)

JCM Power and InfraCo Africa Limited will provide the development capital to bring the project to Financial Close, while Matswani Capital, through a separate services agreement, provides development services to the Project Company in Malawi.

JCM Power

JCM Power is an experienced Canadian solar power developer transitioning to become an owner/operator, focused on renewables (primarily solar PV) in high growth markets that are critically short of power.

With a successful track record of developing solar PV projects and a transmission link in North America, JCM Power focus is to develop projects in Sub-Saharan Africa, Latin America and Southern Asia.

JCM Power executives have over 160 years of cumulative power, development and emerging markets experience, achieved through senior level positions at Enel, Engie, Gas Natural Fenosa, IFC/World Bank, OPG, Recurrent Energy and Vestas.

JCM Power currently has 11 projects under development (7 in Sub-Saharan Africa, 3 in Latin America, 1 in Canada/USA and, to date, has secured over $115 million to develop and construct its current portfolio of diversified clean power projects, including over $60 million grant funding, concessionary loans and development co-investment capital from DFIs.

InfraCo Africa

InfraCo Africa (InfraCo) seeks to alleviate poverty by mobilizing investment into sub-Saharan infrastructure projects. InfraCo does this by funding teams of experienced project developers or by investing directly into projects which need the financial commitment and leverage that InfraCo can bring.

InfraCo is part of the Private Infrastructure Development Group (PIDG). Established in 2004, InfraCo is managed as a private company although funded by the governments of Austria (ADA), the Netherlands (DGIS), Switzerland (SECO) and the UK (DFID lized over US$2 billion of investment and provided new infrastructure for approximately 13 million people, improving living standards and powering economic growth in sub-Saharan Africa.

http://www.infracoafrica.com/who-we-are/our-developers/

http://www.pidg.org/

http://www.entwicklung.at/en/austrian-development-cooperation/actors/ada/

https://www.government.nl/ministries/ministry-of-foreign-affairs

http://www.seco.admin.ch/?lang=en

https://www.gov.uk/government/organisations/department-for-international-development

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Matswani

Johannesburg-based Matswani Capital (PTY) Ltd. (Matswani), a company specializing in the development of several types of projects within Sub-developer. While Matswani is headquartered in South Africa, it also has a full-time presence in Malawi and Mozambique.

Background

JCM Matswani Solar Corp Limited (JCM) is developing a 40MWac solar photovoltaic (PV) power project

in Salima, Malawi (the Project). The Project is in mid-stage development, having concluded prefeasibility

studies, initial permitting and recently being awarded preferred bidder status through ESCOM's

competitive tender for the supply of solar PV power in Malawi. ESCOM will purchase the power

generated from each system via 20-year power purchase agreements (PPA).

The objective of the feasibility study (the the Project

for JCM. The Study will allow JCM to assess the development of the Project. JCM wishes to appoint

a consulting in accordance with the Operating Policies

Private Infrast

2 General Requirements for Deliverables, Documentation and Reporting

The Study shall consist of discrete tasks as outlined

Task deliverable.

All task deliverables and documents shall be submitted in draft form to JCM for review and comment

prior to finalization. The interim deliverables specified in this ToR shall serve to keep JCM informed

about the Consultant Consultant

satisfactorily. The Consultant shall submit formal progress reports to JCM every two (2) weeks.

The Study shall culminate in a Final report which shall consist of final Task reports with an overarching

Executive Summary.

The Consultant shall undertake a quality control review process, including a technical and editorial

review of all deliverables and documents submitted to JCM to ensure readability, accuracy, and

consistency.

All reporting, information and communication are to be in English.

3 Tasks

Task 1: Kick-Off Meeting, Site Visit and Information Gathering

3.1.1 Scope of Work

The Consultant shall hold a kick-off meeting with JCM in Lilongwe, or at a separate location

determined by JCM, within four (4) weeks of contract award to review the ToR with JCM and develop

a detailed work plan based on the ToR (the

The Work Plan shall detail the Study timeline and milestones, and shall form the basis for assessing the

Consultant this kick-off meeting, the Consultant shall establish JCM

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desired reporting formats and timing for monthly reporting updates. JCM and Consultant

contact and key members of the Study team shall be identified and roles and responsibility of each

member established. The Consultant, with assistance from JCM, shall identify the key Project

stakeholders such as:

• Malawi Ministry of Natural Resources, Energy & Mining ;

• ; and

• Electric Supply Company o ;

and review their interest and influence on the implementation of the Project.

As part of the Study, the Consultant shall specifically address the role and requirements of ESCOM as

the primary off-taker for the Project in line with the Power Purchase Agreement

Connec between ESCOM and JCM.

JCM shall provide the Consultant with any relevant and existing reports, including previous feasibility

studies, solar radiation data collected, site surveys, environmental studies, geotechnical analysis, and

electricity infrastructure drawings. The Consultant shall review this material, identify any information

gaps and develop a plan for collecting such information. The Consultant shall discuss with JCM the

required access to the proposed site and the approach for collecting data from various sources.

JCM shall facilitate the Consultant Consultant

on the Consultant urces in Malawi, and review and

provide concurrence on the Consultant

assess their interest in, and potential impact on, the Project.

The Consultant and JCM shall undertake a site visit together with key Project stakeholders to identify

key points of concern and planning related to the Study and the Work Plan.

3.1.2 Deliverables

The Consultant shall provide JCM with a report that contains all findings and provides a detailed

account of all work performed under Task 1, including:

the Work Plan that details the Study timeline, milestones, deliverables, and roles and

responsibilities of the Consultant and JCM for successful completion of the Study;

a review of key stakeholders and outreach conducted to gather stakeholder feedback on

the Project;

a review of Project materials and existing reports, identification of information gaps, and

plan for obtaining necessary information; and

a site assessment based on the site visit.

Task 2: Environmental and Social Impact Study

3.2.1 Introduction

ensure that the proposed Project complies with all relevant local environmental regulations; the

necessary environmental permits have been secured by the project team; and the Project complies

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and other potential sources of financing/funding (e.g. U.S. Ex-Im Bank, Overseas Private Investment

f

The Consultant must be a reputable E&S Consultant with a track record and understanding of E&S

requirements for internationally financed large scale solar PV projects to ensure the following overall

objectives for the proposed Project are achieved:

Identification of measures the Project will need to undertake to avoid, minimize, mitigate

and compensate its significant E&S impacts;

Meet or exceed the relevant standards (listed below);

Ensure the Project obtains environmental authorization and any other licenses or permits

related to E&S issues;

Ensure the Project meets international Lender expectations and requirements with

regards to E&S matters.

The ESIA will be carried out in accordance with the following reference standards and regulations:

All relevant Malawi relevant environmental Laws and Regulations, including

Environmental Manage

The 2012 IFC Performance Standards on Social & Environmental Sustainability;

The World Bank Group Environmental, Health, and Safety General Guidelines (April

2007a); and

The World Bank Group Environmental, Health, and Safety Guidelines for Transmission

Line (if relevant).

To evaluate possible environmental and social impacts and appropriate management and mitigate

measures, the Services to be provided by the Consultant will be carried out over the following four

phases:

Phase 1: Project Scoping;

Phase 2: E&S Assessment;

Phase 3: E&S Management; and

Phase 4: Assistance with meeting financing requirements.

The requirements and scope for each of these phases is described in detail below.

The Consultant should not commence work on any new Phase until instructed to do so by JCM. In

the event that a request to proceed to Phase 2 or 3, as the case may be, is not issued by JCM, JCM

accepts no liability whatsoever for Services rendered or costs otherwise incurred beyond Phase 1, or

Phase 2 as the case may be.

3.2.2 Phase 1: Project Scoping

The purpose of this Phase is to:

Identify the main potential adverse and beneficial impacts associated with the Project that

will be assessed in more detail during Phase 2;

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Scope out areas that are not of significance that will not need to be investigated further

in the ESIA baseline;

Identify the main potential constraints on the Project foot print, analysis of which will

feed into defining the project layout and design to be assessed at Phase 2;

-

Commence stakeholder engagement and develop an initial Stakeholder Engagement

The work beyond Phase 1 shall only proceed after acceptance of the Scoping Report and ESIA-ToR

3.2.2.1 Scoping & ESIA Terms of Reference

The scoping process identifies the issues that are likely to be of most importance during the ESIA and

eliminates those that are of no concern and as such, these items need to be clearly defined in the

Scoping Report. Scoping will conclude with the establishment of a detailed ESIA-ToR.

The purpose of scoping is to identify:

The critical issues to be considered in an ESIA;

The Project stakeholders to be considered in an ESIA;

The appropriate time and space boundaries of the ESIA study;

The information necessary for decision-making; and

The significant effects and factors to be studied in detail.

As part of the Scoping Phase, the activities the Consultant will undertake will include (but not be limited

to):

Develop the Project justification and rationale; and

Prepare a detailed project description.

Define the Project study area. This may cover:

a. Indirect Influence Area;

b. Direct Influence Area; and

c. Directly Affected Area.

Assess the alternatives to the Project and the Project site and give a justification on the

proposed Project site;

Identify and assess the relevance and implications to the Project of all applicable

environment and social laws, regulations and policies of Malawi and all relevant

international standards and guidelines;

Identify, collect and review existing available data for the environmental and social

baseline of the defined Project study area and surrounding area and define the baseline

data gaps. This will involve identifying, accessing, and reviewing third party/secondary data

and undertaking scoping visits to the Project Site with the appropriate specialists;

Prepare the Scoping Report and detailed ESIA-ToR. The ESIA-ToR will include details

and methodologies of all the specialist studies required to be undertaken at the ESIA

Phase;

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Coordinate the development and delivery of answers to requests and questions from the

EAD;

Obtain approval of the Scoping Report and ESIA-ToR by the EAD (and making any

The Consultant shall comply with the relevant national and international data protection

law and regulations.

3.2.2.2 Stakeholder Engagement Plan

authority and other responsible government agencies, is an integral part of the scoping process. It may

be the first time that some members of the communities have heard about the Project, as such scoping

will also provide an opportunity for all stakeholders to be informed about the Project and to review

and comment on the proposed approach to undertaking the ESIA, to ensure it will address their

concerns appropriately. Public input helps to ensure that important issues are not overlooked when

preparing the ESIA-ToR.

The Consultant will commence stakeholder engagement and prepare an initial Stakeholder Register

and SEP that will guide the stakeholder engagement process for the ESIA scoping and assessment

l be updated as

ESIA activities are carried out.

The process will include a mapping exercise to determine all stakeholders that may be affected by the

Project or have interest in the Project. For instance, all entities at the various levels of government,

communities within the Project area of Influence, non-governmental organizations and civil society.

Initial engagement and consultation will be to inform them of the Project and seek their views and

potential concerns. This may involve the preparation of a Project Background Information Document,

presentation materials, preparation of site notices and advertisements (as appropriate), etc., identify

potential impacts (based on an understanding of the environment and social context, project

description and experience of similar projects).

The SEP will also identify ways of communicating with stakeholders as appropriate to each group; e.g.

tailored communication for those who have no access to television and radio or are illiterate.

Translators will also be available at meetings to ensure these are conducted in languages appropriate

to the community groups.

Activities related to Stakeholder Engagement throughout the ESIA process are outlined in each phase

of the process below.


Scoping Report

The Consultant will produce a Scoping Report containing as a minimum, the following chapters

(however the Scoping Report will need to conform to the requirements of the EAD, as well as funder

body requirements):

Introduction introduces the report, outlining the key goals and objectives;

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Legal, Regulatory and Administrative Analysis details the legal, regulatory and

administrative frameworks and all the relevant IFC Performance standards under which

the ESIA will be conducted to meet the expectations of both the local authorities and

international requirements;

Project Description concisely describes the proposed Project and its geographic,

ecological, social, and temporal context;

Initial Baseline summarizes the available baseline data on the environmental and socio-

economic environment within the defined Project Area;

Assessment of Alternatives an unbiased and transparent assessment of alternatives

from an environmental and social perspective (with reference to the technical and

economic standpoints);

Scoping of anticipated impacts and high-level identification of potential mitigation

measures outlines the environmental and social effects of the Project on

environmental and social receptors;

Stakeholders Register and Key Stakeholder Consultation, summarizing the consultation

undertaken as part of Scoping Phase;

Terms of Reference for the ESIA Phase that provides details of any specialist studies that

may be required to complete the understanding of the baseline;


The Stakeholder Register will contain all details related to the identified stakeholders

including, but not limited to:

a. Identification information: Name, organizational position, location, role relating to

the Project, contact information;

b. Stakeholder characterization: Stance (opposed, moderately opposed, neutral,

moderately supportive, supporting) and current dialogue level with the Project (no

contact, reactive information, proactive information occasional direct contacts,

regular direct contacts, privileged relationship/active partnership); and

c. Assessment information: Major requirements, main expectations, nature of the

expectations (contractual/legal, linked with contractual/legal, linked with corporate

responsibility), level of the expectation, degree of urgency, knowledge level about

the issue, potential influence in the Project.

The SEP will guide the stakeholder engagement process for the ESIA scoping and assessment phases

(i.e. Phase 1 and 2) and throughout the Project lifecycle. It will build upon the Stakeholder Register and

should provide:

Desired and current engagement levels of key stakeholders;

Scope and impact of change to stakeholders;

Identified interrelationships and potential overlap between stakeholders;

Stakeholder communication requirements for the ESIA;

Information to be distributed to stakeholders, including language, format, content, and

level of detail;

Timeframe and frequency for the distribution of required information to stakeholders;

and

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Method for updating and refining the stakeholder management plan as the project

progresses and develops.

3.2.3 Phase 2: E&S Assessment

The purpose of this Phase is to undertake a comprehensive assessment of the significance of the

Project impacts and provide for avoidance or management of such impacts, based on the approved

ESIA-ToR, and implement the SEP for the Project, as developed in Phase 1.

3.2.3.1 Environmental and Social Impacts Assessment

The Consultant shall undertake a comprehensive ESIA of the Project based on the ESIA-ToR produced

as part of the Scoping Phase. The topics and issues to be assessed will be defined in the ESIA-ToR and

addressed in specialist studies where necessary.

Impacts will be assessed for all phases of the Project construction, operation and decommissioning,

and will inform the detailed design phase.

Typical environmental and social topics associated with a Project of this nature will include, but not be

limited to:

Physical Environment:

a. Geology, geomorphology and soils;

b. Mineral resources;

c. Climatology and meteorological conditions;

d. Flood risk;

e. Water resources (including water quality);

f. Noise; and

g. Air quality.

Biological Environment:

a. Terrestrial ecology (habitats, flora and fauna, including avifauna)

b. Aquatic ecology

c. Ecosystems services

Landscape and visual;

Greenhouse gas emissions;

Socio-economics and community including:

a. Population and demographics;

b. Land use and ownership;

c. Livelihoods and employment;

d. Traditional leadership and governance;

e. Cultural heritage and archaeology;

f. Local infrastructure including transportation, fuel and energy supply, water supply

and sanitation; and

g. Community health, safety and security.

Waste management (water supply, sewage and solid waste); and

Traffic and transport.

In each of these areas, the Consultant should also assess cumulative impacts and induced impacts.

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The Consultant will address opportunities for the Project to make a positive impact in each of these

areas.

The Consultant will identify the environmental and social baseline conditions to the extent necessary

to robustly evaluate all potential aspects associated with the Project. The baseline tasks will involve

collecting and reviewing available environmental and social information via consultation and the use of

existing databases, satellite imagery, and documents held by relevant authorities, universities, non-

governmental organizations, existing reports and the internet.

The Consultant and the appointed team of specialists will carry out the necessary investigations to

gather, review and compile all relevant data and to consult with stakeholders. It is expected that the

Consultant will undertake field work for all the relevant specialist studies. In addition, collection of

baseline data and surveys will be undertaken to enable a robust assessment, appropriate to the nature

and scale of the Project. The spatial and temporal extent of the baseline surveys will be determined

through professional judgment and industry best practice. Data will be relevant so as to inform

decisions about project location, design, construction, operation, and mitigation measures. This section

will indicate the accuracy, reliability, and data sources. Baseline information will be supported with

figures and maps where possible.

The Consultant and the appointed team of specialists will assess each of the environmental and social

impacts identified in the Scoping Report following best practice procedures and processes including

well defined methodologies and will present its findings in an organized and logical assessment format.

The Consultant will include consideration of public consultation results and all stakeholder comments

into the ESIA and record these in the SEP.

The Cons

basis of the ESIA and will be responsible for obtaining the relevant regulatory approvals for the Project.

3.2.3.2 Stakeholder Engagement and Public Consultation

The Consultant shall ensure that the concerns and views of all the stakeholders are incorporated during

the ESIA. All comments will be responded to formally and addressed in the reporting as relevant.

Consultation meetings will be held throughout the ESIA process. The Consultant shall engage with all

stakeholders (both interested and affected parties) at all the Phases of this assignment and in line with

the national requirements and international best practice.

The views and concerns and opinions of women, youth and other groups that may be deemed as

vulnerable should be gathered in a suitable way, taking into consideration their vulnerability, and will be

considered via specific meetings, as required.

Public Disclosure

The ESIA will be submitted to the EAD for review and approval. The EAD review entails that the draft

ESIA will be advertised and made available for public review and comment (including in public libraries

and at headquarters of the District where the Project comes within). The ESIA may also be placed on

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Public Hearings

If the EAD considers it necessary to obtain more public views about the Project, it shall together with

JCM, conduct public hearings on dates and locations it would publicize in the media and through other

local means suitable for the targeted stakeholders.

Comments received on the draft ESIA will be assimilated and the final ESIA will then be submitted to

the EAD as part of the decision-making process.

Notwithstanding the above, the Consultant will ensure that disclosure requirements and stakeholder

engagement also meet the requirements stipulated under the IFC Performance Standards.

The Consultant should be available during all licensing processes to review the ESIA, and answer

questions from Project Stakeholders.


The ESIA Report will contain the following separately bound volumes:

Volume I: Non-

Volume II: ESIA Main Report; and

Volume III: ESIA Technical Appendices.

Please note, these deliverables will be required to comply with any specific reporting requirements of

the EAD.

Volume I: Non-Technical Summary

This will provide a high-level overview for identifying the scope and nature of the Project and predicted

environmental and social impacts, in non-technical language to will be understandable to a range of

stakeholders. The NTS will be used as a tool to aid consultation and information disclosure.

Volume II: ESIA Main Report

The ESIA Main Report will follow the structure agreed with the EAD but will include:

Introduction;

Legal, Regulatory and Administrative Analysis;

Project Description;

Baseline;

Assessment of Alternatives;

Impact Assessment;

Mitigation Measures; and

E&S Management.

The Consultant will be required to develop a framework ESMP as part of the ESIA Main Report for the

construction and operation of the proposed Project. The ESMP will be based on the findings of the

ESIA. Furthermore, the ESMP will incorporate any specific measures or actions as may be required by

the Lenders within t

14

drafted to meet IFC Sustainability Performance Standards, as well as national requirements. The ESMP

will cover the construction and operation phase of the project, and will include the following:

Establish the components of the Project ESMP, including list and outline all the associated


Describe the measures and actions to be implemented during the design, construction

and operational phases of the project so as to eliminate or reduce key identified impacts

to acceptable levels and to meet legal and other requirements with regards to

environment and social management;

Grievance mechanism process;

Identify how environmental and social performance will be monitored, audited and

reported; and

Present the timeframe for completing the actions.

The ESMP will also provide an outline of how environmental and social issues will be managed during

the decommissioning phase of the project.

Volume III: ESIA Technical Appendices

These will provide the information and analysis compiled during the assessment that is too detailed to

include in the Non-Technical Summary or Main Report.


The ESIA Report will be supported by a stand-alone SEP. The SEP developed during the scoping phase

will be updated at the close of the ESIA with greater focus on the construction and operational phases

of the project.

The Consultant shall keep detailed records of all the stakeholder engagement activities undertaken

including detailed minutes, registers, photos etc. of all meetings and stakeholder engagement

undertaken (both under formal and informal circumstances).

3.2.4 Phase 3: E&S Management

On completion of the ESIA process the Consultant will develop an updated Environmental and Social

ernational Standards.

The Consultant will be required to update the framework ESMP to include any conditions as set out in

the Environmental Permit/Authorization received from EAD. Furthermore, the ESMP will incorporate

any specific measures or actions a

well as national requirements. The updated ESMP must cover the construction and operation phase

of the project, and include the following, in addition to the Framework ESMP:

E&S Policy Statement;

E&S standards;

15

Establish additional components of the Project ESMP, including list and outlines of all the

associated management plans that may be required;

Outline labor management and welfare requirements;

Identify roles and responsibilities for the Project and the EPC Contactor;

Identify how environmental and social performance will be monitored, audited and

reported; and

Present the timeframe for completing the actions.

The updated ESMP will form the basis of environmental and social protection provided by the

performance in accordance with international standards and best practice. The ESMP will guide the

work. The ESMP should present construction guidelines that address how contractors should

incorporate environmental and social considerations in their overall work.

3.2.4.1 Resettlement Action Plan

If physical and economic displacement are likely to be a result of the Project, a Resettlement Action

d. A RAP terms of reference will be developed

based on the outcome of the ESIA. If there is no physical displacement, only economic, a Livelihood

the outcome of the Scoping phases, the Consultant will be required to provide a detailed proposal for

the RAP or LRP. It may be decided, jointly with JCM, after Scoping to initiate the RAP or LRP parallel

to the ESIA process.

All land acquisition, and subsequent compensation and livelihoods restoration will be addressed in a

RAP / LRP. The Consultant shall prepare the RAP / LRP in compliance with relevant Malawi Laws and

the 2012 IFC Performance Standards, in particular PS5 on Land Acquisition and Involuntary

Resettlement.

3.2.5 Phase 4: Assistance with Financing

The Consultant shall assist in answering due diligence questions related to environmental and social

issues from potential investors/lenders in the Project. This is a post-ESIA activity and bidders are

requested to submit hourly rates for identified (level not by name) staff for this Phase. Procurement of

these services will be carried out on a needs basis.

Documents

SALIMA, MALAWI: ESIA - REQUEST FOR PROPOSAL