The Tool Desk
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The right checks depend on whether the project is thermal, hydro, wind, solar or another technology, and on the governing law and procurement rules. Treat the following as an owner-side diligence and award framework, not a universal qualification rule or legal opinion.
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Start by defining what “qualified” means for this plant
An EPC contractor can be excellent at one technology and unsuitable for another. Set the qualification definition before reviewing proposals so bidders are measured against the same requirements.
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Match experience to the proposed technology and site
- Identify the exact technology, fuel, unit size, configuration, capacity, storage arrangement, balance-of-plant systems and reference design proposed.
- State the relevant site conditions: climate, elevation, geotechnical profile, seismicity, water availability, access constraints, grid strength and environmental restrictions.
- Define whether experience must be held by the bidding legal entity, an affiliate, a joint venture member or a named subcontractor. If affiliates are relied upon, require a binding delivery role and make the prime contractor accountable for performance.
- Set requirements for engineering, procurement, civil works, erection, commissioning, grid integration and defect correction—not only equipment supply.
The World Bank Independent Evaluation Group’s 2017 review of the Morupule B project describes two to three years of successful operation as normal practice to request from bidders for similar reference units and proven designs in that context. That is useful evidence of operating history to seek, but it is not a universal legal or technical threshold for every power project.
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Verify the references rather than accepting a project list
- Request named plants, owners, locations, technology, capacity, contracting entity, scope performed and commissioning date.
- Confirm what the bidder actually did. A contractor that supplied a boiler, turbine, inverter or civil package may not have managed the complete plant integration.
- Ask for operating history, output or availability records, major defects, warranty claims, remedial works, outages and current operating status.
- Speak with the owner or operator using an independently obtained contact, and ask specifically about schedule, change orders, safety, quality, commissioning and unresolved defects.
- Check whether the reference design and major components are the same as those offered now. A reference using a materially different design may have limited evidential value.
- Review the proposed project team’s roles on each reference. A company-wide project list does not prove that the engineers and managers assigned to your plant have delivered a similar facility.
Also examine engineering depth, project-management systems, quality controls, financial and commercial capacity, claims history and any verifiable record of distressed or abandoned projects. The available guidance supports this diligence but does not establish a universal minimum revenue, balance-sheet ratio or bonding limit.
Make the EPC scope and every interface unambiguous
Many disputes begin with an apparently complete EPC price that excludes an item another agreement assumes the contractor will provide. Read the employer’s requirements, technical specifications and bidder’s offer line by line.
Build a responsibility matrix
For every system, deliverable and approval, identify the responsible party, required evidence, due date and acceptance authority. Include:
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- Front-end and detailed engineering, design calculations, drawings, software and configuration data.
- Land preparation, roads, foundations, buildings, drainage, water systems and other civil works.
- Major equipment, spares, temporary facilities, construction power and consumables.
- Grid substation, transmission line, protection and control systems, metering and communications.
- Fuel receipt and storage for thermal projects, or water conveyance and hydromechanical works for hydro projects.
- Environmental and social controls, permits, inspections, testing and statutory approvals.
- Construction, erection, integration, commissioning, training, documentation and final handover.
Mark each exclusion, assumption, owner-supplied item, provisional sum, allowance, performance boundary and change-order trigger. Ask the bidder to price or expressly reject every identified gap.
Create an interface register across project agreements
Compare the EPC scope with the equipment supply, O&M, offtake or PPA, grid connection, fuel supply, land, financing and implementation agreements. Assign one accountable party to each interface. Typical interface questions include who obtains a grid-study approval, who supplies relay settings, who pays for transmission upgrades, who provides fuel specifications, who witnesses performance tests and who bears the consequence if an owner-supplied item arrives late.
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Interface ownership must remain consistent with the schedule and the performance guarantees. A contractor cannot guarantee net output if another party controls an uncoordinated grid connection or fuel system unless the contract defines the boundary and relief precisely.
Test the design and technology before comparing prices
Require evidence that the proposed design is mature, permitted, maintainable and appropriate for the site. Compare design assumptions rather than accepting a nominal capacity figure.
| Plant type | Checks that commonly determine EPC suitability | Evidence to request |
|---|---|---|
| Thermal | Fuel quality and supply, heat-rate basis, emissions controls, cooling-water availability, ash or waste handling, ramping and minimum-load assumptions | Reference operating data, fuel analyses, heat-balance diagrams, emissions design basis, water studies and maintenance history |
| Hydro | Hydrology, sediment, geotechnical and seismic conditions, dam or civil safety, flood management, environmental flows and transmission access | Resource studies, geotechnical investigations, design reviews, safety plans, hydromechanical references and permit status |
| Wind | Wind assessment, turbine suitability, geotechnical conditions, transport routes, wake losses, grid-code compliance and connection equipment | Resource campaign and uncertainty report, turbine certificates, logistics study, geotechnical data, grid studies and offtake capacity evidence |
| Solar | Solar resource and degradation, module and inverter selection, tracker or fixed-tilt design, soiling, drainage, DC/AC ratio, grid integration and production profile | Resource assessment, energy-yield model, component warranties, layout, geotechnical and flood studies, loss assumptions and grid-connection design |
Wind technical diligence commonly reviews grid-code compliance, connection equipment and offtake capacity. Utility-scale solar diligence also examines technology, production profile, design, construction risk and integration. Adapt those categories to the actual plant rather than treating a technology-specific guide as a universal rule.
Compare EPC bids with a disclosed, risk-weighted method
Set the evaluation criteria and weightings before opening or scoring bids, and follow the procurement method applicable to the owner, public authority, lenders and jurisdiction. World Bank borrower guidance favors qualitative or rated criteria for international procurement, with weightings reflecting project risk and value. No single percentage split is correct for every plant.
Use evidence-based comparison axes
| Criterion | Questions to answer | Evidence |
|---|---|---|
| Technology experience | Has the contracting entity integrated this technology at comparable scale and conditions? | Verified references, owner interviews, operating records and named project staff |
| Scope completeness | Are exclusions, owner inputs and interface boundaries explicit? | Marked-up scope, responsibility matrix, interface register and assumptions schedule |
| Design maturity | Are major components proven, available and compliant with permits and grid requirements? | Design documents, certifications, studies, supplier commitments and permit inputs |
| Schedule realism | Does the logic-linked programme show credible procurement, construction, testing and float? | Critical-path schedule, milestones, resource plan and logistics analysis |
| Price and contingencies | What is included, escalated, taxed or left as owner cost? | Price breakdown, exclusions, allowances, escalation formula and cash-flow forecast |
| Performance and remedies | Can output, efficiency, availability and completion be measured and enforced? | Guarantee schedule, test procedures, damages, bonds, letters of credit and warranty terms |
| Safety and quality | Can the bidder control high-risk construction and inspection activities? | HSE plan, quality plan, inspection and test plans, staffing and incident history |
| Subcontractors and supply chain | Are critical suppliers qualified and contractually controlled? | Subcontractor list, manufacturing capacity, logistics plan, warranties and flow-down terms |
| O&M readiness | Will the plant be operable, maintainable and properly handed over? | Training plan, manuals, spares, staffing, software access and post-completion support |
Retain the evaluation record and apply clarifications consistently. A low headline price is not low risk if it omits transmission works, temporary facilities, taxes, commissioning resources, spares or realistic contingencies.
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Make guarantees measurable before award
Performance language must state what is measured, where, when and by which method. For each guarantee, define the boundary and test conditions, instrument and calibration requirements where applicable, duration, treatment of outages or external constraints, retest process, cure period and consequences of failure.
Define acceptance tests and taking-over
- Identify the test sequence for mechanical completion, energisation, reliability run, capacity or output, heat rate or efficiency, emissions, power quality and availability, as relevant to the technology.
- State who supplies fuel, water, electricity, test instruments and independent witnesses.
- Specify how abnormal grid conditions, curtailment, force-majeure events and owner-caused delays are treated.
- Require signed test records, calibration certificates, punch-list status, as-built drawings, software and operating documentation.
- Link taking-over and final acceptance to defined evidence rather than an ambiguous unilateral certificate.
Coordinate EPC tests with the offtake and grid agreements so that a test accepted under one contract is not impossible under another. The World Bank’s private-power guidance states that substantial damages for failing guaranteed or specified commissioning performance should be included and backed by performance bonds and letters of credit. Penalties alone do not minimize delay risk if the contractor cannot pay.
Review the contract, security and remedies as one package
Have local counsel and technical advisers review the EPC form and related agreements together. Make the following explicit:
- Scope, price basis, currency, taxes, escalation, completion date and milestone payment conditions.
- Change-control procedure, notice periods, valuation rules and authority to approve changes.
- Delay responsibility, extension events, liquidated damages, caps, carve-outs and termination rights.
- Performance guarantees, testing, retesting, cure obligations, defect correction and warranty duration.
- Indemnities, insurance, liability caps, intellectual property, confidentiality and environmental obligations.
- Parent guarantees, advance-payment security, performance bonds, retention, letters of credit and issuing-bank requirements.
- Assignment, lender step-in, termination assistance, dispute resolution, governing law and document priority.
Check that the contractor, parent entity and issuing bank or guarantor are each capable of honoring the promised security in the project’s jurisdiction. Enforceability depends on local law, wording, insolvency rules and sanctions, so a commercial term sheet is not a substitute for legal review.
Stress-test schedule, logistics, safety and quality
Schedule and site execution
Require a logic-linked schedule showing design release, long-lead procurement, manufacturing inspections, shipping, site access, civil works, erection, energisation, commissioning and float. Test the critical path against weather, geotechnical uncertainty, customs, heavy-haul routes, bridge limits, port capacity, labor availability and permit dates.
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Review each major subcontractor’s execution plan, staffing, payment milestones and quality controls. Ask how the contractor will recover a late turbine, transformer, boiler component, hydro gate or inverter without creating an unsafe or untested acceleration.
Safety and quality assurance
- Examine the project HSE plan, high-risk work procedures, training, incident reporting, emergency response and stop-work authority.
- Review the quality plan, inspection and test plans, welding or concrete controls, factory acceptance testing and non-conformance process.
- Require traceability for critical materials and documented approval of substitutions.
- Set owner and independent-engineer rights to inspect factories, witness tests, audit records and reject non-conforming work.
Payment milestones should correspond to verifiable progress and accepted quality, not merely expenditure or shipment.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Resource the owner’s oversight team
Selection does not end at contract signature. The owner needs authority and staff to monitor quality, progress, permits, changes, payments, testing and safety. The Morupule B implementation review identified understaffed owner and owner’s-engineer teams as a weakness in the case it evaluated.
Appoint an owner’s engineer or equivalent independent technical adviser where the owner lacks specialist capacity or the project’s complexity warrants it. Define reporting cadence, site presence, document review, inspection hold points, commissioning witness rights, schedule verification and escalation routes. Keep a controlled interface register and change log from notice to final approval.
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A plant can achieve mechanical completion yet remain difficult to operate. Evaluate the operator and maintenance model before award.
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- Confirm O&M staffing numbers, qualifications, shift coverage and responsibility for the first operating period.
- Review training syllabi, simulator or classroom provision, examinations and completion records.
- Require preventive-maintenance plans, condition-monitoring procedures, major-maintenance intervals and outage planning.
- Set initial and strategic spare-parts lists, recommended stock levels, lead times, storage conditions and ownership.
- Specify the manuals, drawings, asset registers, test records, warranties, software, configuration files, passwords and licenses to be delivered.
- Define post-completion technical support, response times and availability obligations.
Do not accept “documentation complete” without a deliverables register and evidence that operators can use the information.
Coordinate permits, finance and the wider project framework
Run legal, technical, environmental and social, insurance and financial-commercial diligence in parallel. Confirm permit status, conditions, transferability and responsibility for remaining approvals. Check environmental and social mitigation obligations against the construction method and schedule.
Test the commercial assumptions behind the plant: energy production, revenue, curtailment, offtake or PPA viability, fuel supply where relevant, land rights, transmission access, taxes and financing conditions. Review assignability and lender step-in rights so a financing party can protect completion without creating contradictory obligations.
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Red flags that should stop or condition an award
- The bidder relies on a subcontractor’s reference but cannot show prime-contractor integration responsibility.
- Reference owners will not confirm performance, defects or operating history.
- The offered design differs materially from the cited reference without a convincing maturity and testing plan.
- Important systems appear as exclusions, provisional sums or “by others” with no named interface owner.
- The schedule has no logic, procurement detail, float or recovery plan.
- Guarantees lack measurement boundaries, test conditions, retest rules or collectible security.
- The price is materially lower because taxes, transmission works, commissioning, spares or owner costs are omitted.
- Critical subcontractors, suppliers, key staff or manufacturing slots are not identified.
- The owner has no funded plan for independent inspection, document review or commissioning oversight.
- O&M training, software access, spares and final documentation are deferred to an undefined handover.
A practical award-gate checklist
- Approve the project-specific qualification and evaluation criteria.
- Verify technology-matched references, operating history and assigned personnel.
- Close every scope exclusion and assign every interface.
- Complete independent technical, site, grid, resource and design reviews.
- Score bids using disclosed, risk-weighted criteria and preserve the evaluation record.
- Agree measurable tests, acceptance evidence, damages, warranties and cure rights.
- Confirm bonds, letters of credit, parent support and issuing-bank acceptability.
- Validate schedule, logistics, safety, quality, subcontractor and supply-chain plans.
- Fund the owner’s engineer, site surveillance, change control and commissioning witness functions.
- Align EPC obligations with permits, land, fuel, grid, offtake, financing and O&M agreements before notice to proceed.
Contract-form references
FIDIC’s EPC/Turnkey Contract 2nd Ed (2017 Silver Book, Reprinted 2022 with amendments) is one published contract-form reference owners may examine. Its use, amendments and risk allocation must be adapted to the project’s governing law, procurement rules, lender requirements and actual scope; adopting a standard form does not replace technical diligence or negotiation.
The World Bank Independent Evaluation Group summarized the core principle well in its 2017 Morupule B review: “Well-defined and relevant qualification requirements, in conjunction with a thorough due diligence process of examining the qualifications and experience of bidders, are fundamental to selecting a well-qualified EPC contractor.” Apply that principle to the specific technology, interfaces and risks of the plant being procured.
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