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Procurement Policy Office
(Established under section 4 of the Public Procurement Act 2006)
Ref: DB/SBD32/04-11
STANDARD BIDDING DOCUMENTS
for
Design-Build and Turnkey Contracts
(Two-Stage)
Procurement Policy Office
Ministry of Finance and Economic Development
Port Louis
08 April 2011
Foreword
The Standard Bidding Documents in this publication, follow the Standard Bidding
Documents of the Asian Development Bank (ADB), and have been prepared pursuant to section
7(c) of the Public Procurement Act 2006 for use by public bodies, mainly for procurement of
works. These documents may be used for national and international Open Advertised Bidding
(OAB) with or without prequalification.
For works where the Public Body is unsure of the specifications it should adopt and
would like first to see the options available to it in the market, consideration could be given to the
Two Stage Bidding - Design-Build and Turnkey options.
Those wishing to submit comments or suggestions on the Bidding Documents or to
obtain additional information on procurement in Mauritius are encouraged to contact:
The Director
Procurement Policy Office
Ministry of Finance and Economic Development
Level 8, Emmanuel Anquetil Building, Port Louis, Mauritius
Tel: No. (230)201-3760 & Fax: No. (230)201-3758
Email: mof-pposecretariat@mail.gov.mu
iii
_________________________________________________________________________________________________
Preface
The Standard Bidding Documents in this publication have been prepared for Public
Bodies to use in the procurement of Design-Build and Turnkey projects through national or
international competitive bidding. Their use is encouraged as the procedures and practices they
incorporate have been developed through broad international practice and experience, and in
accordance with the ADB (Asian Development Bank) Guidelines for Procurement.
The Conditions of Contract are those of FIDIC’s “Design-Build and Turnkey” (First Edition
1995). Some proposed clauses for Part II (Conditions of Particular Application) of the FIDIC
Conditions have been re-drafted by ADB. Finally, it would be up to the Public Body (Employer) to
adapt the Conditions of Particular Application to suit the requirements of specific projects.
Public Bodies may opt to use the FIDIC’s Conditions of Contract from Plant and Design-
Build First Edition 1999 as a substitute whilst keeping the same Instructions to Bidders.
In respect to past experience, the Contractor may not always be responsible for total
design as the contract may contain components where the Employer has provided the design
criteria or where the Employer wishes to execute part of the detailed design under the supervision
of the Contractor.
iv
_________________________________________________________________________________________________
Instructions
These Standard Bidding Documents are intended to serve as a model for Design-Build
and Turnkey type of contracts. The procedures and practices presented in the documents have
been developed through broad international experience, and may be helpful in the drafting of
bidding documents for Design-Build and Turnkey contracts.
Use of the documents requires among other things completing the specific details and
deleting inappropriate provisions in all the places indicated. The following directions should be
observed when using the documents:
(i) All the documents listed in the Contents are normally required. However, they
should be adapted as necessary to the circumstances of the particular project.
(ii) Single Stage bidding procedure: In the Single Stage bidding procedure,
bidders submit one envelope containing the price proposal and the technical
proposal. The envelope is opened in the presence of bidders’ representatives
who choose to attend. The total amount of each bid and any alternative bid, and
other relevant details are read out and recorded. The bid is evaluated and the
award of contract is made to the lowest evaluated substantially responsive
bidder.
The Single Stage bidding procedure should be utilized for contracts where the
civil works content is very high such as for roads, pipelines and power
transmission line projects where there is not likely to be problems in the
evaluation of alternative proposals for machinery or equipment. In accordance
with ADB established procedures, prequalification of bidders is required for civil
works, turnkey contracts, and contracts for the fabrication of expensive and
technically complex items to ensure that only experienced and financially capable
firms will submit bids. This option assumes prequalification.
(iii) Two-Stage bidding procedure:
For the Two Stage Bidding the following procedure shall apply:
(a) The first stage bid will consist of a technical bid only, without any
reference to prices, and a list of any deviations to the technical and commercial
conditions set forth in the bidding documents or any alternative technical
solutions a Bidder wishes to offer, and a justification therefore, always provided
that such deviations or alternative solutions do not change the basic objectives of
the project. Following evaluation of the first stage bids, the Employer will invite
each Bidder who meets the minimum acceptable qualification criteria and who
has submitted a technically responsive first stage bid to a clarification meeting,
during which the Bidder’s bid will be reviewed and all required amendments,
additions, deletions and other adjustments will be noted and recorded. Only
those bidders submitting a technically responsive and acceptable first stage bid
will be invited to submit a second stage bid.
(b) The second stage bid will consist of:
(i) an updated technical bid incorporating all changes required by the
Employer or as necessary to reflect any amendment to the bidding
documents issued subsequent to submission of the first stage bid, and
v
_________________________________________________________________________________________________
(ii) the commercial bid.
The Two-Stage bidding procedure should be utilized for projects where
alternative technical proposals are possible such as for certain types of
machinery or equipment or for certain types of manufacturing plants. As only
experienced bidders are expected to submit bids for such projects and as
prequalification is not generally required for equipment and machinery, post-
qualification of bidders is included in the bidding documents. In the detailed
evaluation of the bidders' technical proposals, the qualifications of the bidders in
respect of experience and financial capacity are evaluated in the first instance
and bidders who do not meet the post-qualification criteria are not considered
further.
(iv) The majority of Design-Build and Turnkey contracts will be covered by either the
single stage or two stage bidding.
The most common situations where a Two-Stage bidding procedure is adopted,
are: (a) the Public Body is unsure of the specifications it should adopt and would
like first to see the options available to it in the market; and (b) where the Public
Body is aware of its options in the market but for a given set of performance
requirements there are two or more equally acceptable technical solutions
available to the Public Body.
(v) In addition, the Public Body may consider it appropriate to include
prequalification with a Two-Stage bidding procedure.
(vi) Specific details, such as the name of the Employer, address for bid submission,
etc., should be furnished in the spaces indicated.
(vii) The footnotes and "boxed" notes in the standard documents and notes preceding
each standard document in the text are not part of the contract documents, but
contain guidance and instructions for the user. Do not retain them, in the actual
bidding documents.
(viii) Where alternative Clauses or texts are shown, select those which best suit the
particular works and discard the text which is not appropriate.
(ix) The criteria for bid evaluation in the Instructions to Bidders must be carefully
reviewed in every case and new or different criteria may be added. Only
evaluation criteria that are appropriate for use for the particular works in question
should be retained, the rest should be deleted. In case new criteria are added,
the ‘Instructions to Bidders’ must specify which formulae and/or limits will be
used to express in monetary terms the result of the application of such criteria.
(x) When using the FlDIC’s Conditions of Contract, "Part I -General Conditions"
should preferably be retained intact to facilitate perusal by bidders. “Part I-
General Conditions of FIDIC is not reproduced in these documents. Modifications
to the General Conditions should be introduced in "Part II - Conditions of
Particular Application".
(xi) The subsection entitled "Part II - Conditions of Particular Application" included in
these standard documents only provides guidance on the various topics that
should or may be covered in that Part. The user of these standard documents
must specifically draft provisions for that Part as appropriate to the specific
project.
vi
_________________________________________________________________________________________________
BIDDING DOCUMENTS
Issued on: ____________________
for
_____________________________
___________________________
OAB No: [insert OAB number]
Project: insert name of Project, if applicable]
Public Body(Employer): [insert name of Public Body]
vii
_________________________________________________________________________________________________
Table of Contents
Preface.................................................................................................................................................... iii
Instructions ............................................................................................................................................. iv
INVITATION FOR BIDS ............................................................................................................................ 10
Table of Clauses ................................................................................................................................ 17
Section 1. Instructions to Bidders .................................................................................................. 18
A. General .................................................................................................................................... 18
B. Bidding Documents ................................................................................................................ 24
C. First Stage: Bids Preparation ............................................................................................... 25
D. First Stage Bids: Opening and Evaluation .......................................................................... 29
G. Second Stage: Submission of Bids ..................................................................................... 37
H. Second stage: Opening and Evaluation of Technical Proposals .................................... 38
I. Second Stage: Opening and Evaluation of Price Proposals ........................................... 41
J. Award of Contract .................................................................................................................. 50
Section 2 . Part I – General Conditions of Contract..................................................................... 52
Section 3. Part II –Conditions of Particular Application .......................................................................... 54
Section 4. Employer’s Requirements ............................................................................................. 70
Section 5. Forms of Proposal and Appendices ............................................................................ 74
Technical Proposal ............................................................................................................................ 76
Appendix to Technical Proposal ...................................................................................................... 77
Technical Proposal ............................................................................................................................ 79
Appendix to Technical Proposal ..................................................................................................... 81
Form of Price Proposal ..................................................................................................................... 83
Appendix 1 to Price Proposal ........................................................................................................... 85
Form of Bid-Securing Declaration ......................................................................................................... 87
Form of Bid Security (Bank Guarantee) ................................................................................................ 90
Form of Contract Agreement ............................................................................................................... 91
Form of Performance Security.............................................................................................................. 92
Form of Advance Payment Security ..................................................................................................... 93
Form of Cost Structure for Value Added per Product .......................................................................... 94
Section 7. Schedules .............................................................................................................................. 95
I. Design, Drawings and Documentation ..................................................................................... 98
II. Plant & Equipment, including mandatory spare parts, supplied from outside the Employer’s
Country ..................................................................................................................................... 99
III. Plant & Equipment, including mandatory spare parts, from within the Employer’s Country 100
IV. Civil works, installation and other services ............................................................................. 101
V. Grand Summary ...................................................................................................................... 102
VI. Recommended Spare Parts..................................................................................................... 103
SCHEDULE OF PAYMENT..................................................................................................................... 104
SCHEDULE OF COEFFICIENT AND INDICES FOR PRICE ADJUSTMENT ................................................. 105
SCHEDULE OF MAJOR ITEMS OF CONSTRUCTIONAL PLANT .............................................................. 106
viii
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SCHEDULE OF KEY PERSONNEL........................................................................................................... 107
SCHEDULE OF SUBCONTRACTORS ...................................................................................................... 108
Section 8. Drawings ............................................................................................................................. 109
Invitation for Bids 9
_________________________________________________________________________________________________
Invitation for Bids
Invitation for Bids 10
_________________________________________________________________________________________________
INVITATION FOR BIDS
Notes on the Invitation for Bids
In accordance with the Public Procurement Act 2006 and its corresponding
Regulations and the procurement procedures issued by the PPO, the Invitation for
Bids shall be issued as:
(a) an advertisement for International Open Advertised Bidding for contracts above
the amount as prescribed in the Regulations;
(b) an advertisement in at least one newspaper of wide circulation in Mauritius; and
(c) a Communique to known potential bidders who have, in the past, shown interest
in similar projects or those identified through a market survey for which the
invitation is issued.
The purpose is to supply information to enable potential bidders to decide on their
participation.
The Invitation for Bids should also be incorporated in the bidding documents.
Invitation for Bids 11
_________________________________________________________________________________________________
INVITATION FOR BIDS
Date: ____[of issue of invitation]_____
Procurement Reference No. ____________________
1. SAMPLE FORMAT FOR INVITATION FOR BIDS (First Stage Bids)
[Name of Project]
BRIEF DESCRIPTION OF WORKS
1. The [insert name of Public Body] invites sealed bids from eligible bidders for
[insert description of works to be procured].
2. Interested bidders may obtain further information from [insert name of Public
Body’s office] and inspect the bidding documents at the following address:
[state address]
from [insert office hours].
3. A complete set of the bidding documents may be purchased by interested bidders in
person or on submission of a written application to the address mentioned in para (2) and
upon payment of a nonrefundable fee of [insert amount in local currency] or [insert
amount in specified convertible currency]. The method of payment will be [insert method
of payment]. The document will be sent by [insert delivery procedure] or handed over to
the purchaser of the Bidding documents.
4. A Two Stage Bidding Procedure will be adopted and will proceed as follows:
(a) The first stage bid will consist of a technical bid only, without any
reference to prices, and a list of any deviations to the technical and
commercial conditions set forth in the bidding documents or any
alternative technical solutions a Bidder wishes to offer, and a justification
therefore, always provided that such deviations or alternative solutions do
not change the basic objectives of the project. Following evaluation of the
first stage bids, the Employer will invite each Bidder who meets the
minimum acceptable qualification criteria and who has submitted a
technically responsive first stage bid to a clarification meeting, during
which the Bidder’s bid will be reviewed with any bidder with a view to
understanding its technical bid or to indicating changes required to make it
acceptable and seeking the bidder's willingness to make such changes.
Only those bidders submitting a technically responsive and acceptable first
stage bid will be invited to submit a second stage bid.
Invitation for Bids 12
_________________________________________________________________________________________________
(b) The second stage bid will consist of (i) an updated technical bid
incorporating all changes required as per the Employer’s revised
specifications, and (ii) the commercial bid.
5. Bids must be delivered to the address below
[state address]
at or before [insert time and date].
6. [If required] All second stage bids must be accompanied by a bid security of [insert
amount in local currency or minimum percentage of bid price] or an equivalent amount in
a freely convertible currency. Late bids will be rejected.
7. First stage bids will be opened in the presence of the bidders’ representatives who
choose to attend at the address below
[state address]
at [insert time and date].
Second stage bids will be opened in the presence of the bidders’ representatives
who choose to attend at the time and date and at the address given in the letter of
invitation to submit second stage bids.
Invitation for Bids 13
_________________________________________________________________________________________________
2. Sample Letter of Invitation (Second Stage Bids)
(letterhead of the Public Body)
Date:
Contract Name:
To: [Name and address of the Bidder]
Dear Ladies and/or Gentlemen,
1. We hereby inform you that you are invited to submit a sealed second stage bid for
the execution and completion of the cited contract for which you submitted a first stage
bid on [date of submission of first stage bid], which was reviewed during the clarification
meeting(s) held on [date(s)] and found to be technically responsive.
2. Your second stage bid should include an updated technical and commercial offer
[or accepted alternative offer] and on the modifications, if any, pursuant to the First
Stage Evaluation and clarification meeting(s) held with you on [date(s)].
3. Second stage bids must be delivered to the address below:
[State address]
at or before [insert time and date]
4. Second stage bids will be opened in the presence of the bidders’ representatives
who choose to attend at the address below:
[State address]
at [insert time and date].
5. Second stage bids shall remain valid for [number of days] after the date of bid
opening prescribed above.
6. [If required in the Bid documents] Second stage bids must be accompanied by a
bid security in an amount of [fixed amount in local currency] or the equivalent of [fixed
amount in U.S. dollars] in a freely convertible currency in one of the forms stated in the
Bid documents:
7. [If bidders were prequalified, include any update requirement from the
information provided for prequalification.] 5
8. Please confirm receipt of this letter immediately in writing. If you do not intend to
bid, we would appreciate being so notified again in writing at your earliest opportunity.
Yours truly,
Authorized signature:
Name and title:
Employer:
Invitation for Bids 14
_________________________________________________________________________________________________
3
The dates of bid submission and bid opening should be the same, and the time should also be the same
or immediately thereafter.
5
Information to be updated may be specified, such as an updated financial situation, new contractual
commitments or current litigation.
Instructions to Bidders 15
_________________________________________________________________________________________________
Section 1
Instructions to Bidders
Instructions to Bidders 16
_________________________________________________________________________________________________
SECTION 1
INSTRUCTIONS TO BIDDERS
Notes on the Instructions to Bidders
Section 1 should provide the information necessary for bidders to prepare
responsive bids, in accordance with the requirement of the Employer. It should give
information on bid submission, opening of technical proposals, evaluation of
technical proposals, clarification of technical proposals, opening of price proposals,
evaluation of price proposals and on the award of contract.
Matters governing the performance of the Contractor under the Contract, payments
under the Contract, or matters affecting the risks, rights, or obligations of the parties
under the Contract are normally not included in this section, but rather in the
sections on general or particular conditions of contract. If duplication of a subject is
inevitable in the different sections of the documents, the user should exercise care
to avoid contradiction or conflict between clauses dealing with the same topic.
Instructions to Bidders 17
_________________________________________________________________________________________________
Section 1 - Instruction to Bidders
Table of Clauses
A. General
20. Alternative Proposals by Bidders
1. Scope of Bid 21. “Deleted”
2. Public Entities Related to Bidding 22. Format and Signing of Bid
Documents & to challenge & appeal
Eligible Bidders G. Second Stage- Submission of Bids
3. Corrupt or Fraudulent Practices
4. Eligible Bidders 23. Sealing and Markings of Bids
5. Eligible Materials, Equipment and 24. Dead line for Submission of Bids
Services 25. Late Bids
6. Qualification of the Bidder 26. Modification and Withdrawal of Bids
7. One Bid per Bidder
8. Cost of Bidding H. Second Stage - Opening and Evaluation of
9. Site Visit Technical Proposals
B. Bidding Documents 27. Opening of Technical Bids
28. Process to be Confidential
10. Content of Bidding Documents 29. Preliminary Examination of Technical
11. Clarification of Bidding Documents Proposals
12. Amendment of Bidding Documents 30. Evaluation and Comparison of
Technical Proposals
C. First stage-Preparation of Bids 31. “Deleted”
32. Invitation to Attend Opening of Price
13. Proposals
13.1 Language of Bid
13.2 Documents comprising the bid I. Second Stage - Opening of Price Proposals
13.3 Bid Form
13.4 Format and Signing of bid 33. Bid Opening of Price Proposals
13.5 Sealing and Marking of First Stage bid 34. Process to be Confidential
13.6 Deadline for submission of bids 35. Clarification of Price Proposals
36. Preliminary Examination of Bids and
D. First Stage- Opening and Evaluation Determination of Responsiveness
13.7 Opening of First Stage Bid by Public 37. Correction of Errors
Body 38. Conversion to Single Currency
13.8 Preliminary Examination of First 39. Evaluation and Comparison of Price
Stage bids by Public Body Proposals
13.9 Technical Evaluation of First Stage 40. Margin Of Preference
Bids
13.10 Qualifications J. Award of Contract
E. Clarification Meeting 41. Award
13.11 Clarification of First Stage Bid and 42. Employer’s Right to Accept any Bid
Review of Alternative Solutions and to Reject any of all Bids
13.12 Invitation to Submit Second Stage 43. Notification of Award
Bids. 44. Signing of Contract
45. Performance Security
F. Second Stage- Bids Preparation
14. Documents Comprising the Bid
15. Bid Form and Price Schedules
16. Bid Prices
17. Currencies of Bid and Payment
18. Bid Validity
19. Bid Security/Bid Securing
Declaration
Instructions to Bidders 18
_________________________________________________________________________________________________
Section 1. Instructions to Bidders
A. General
1. Scope of Bid 1.1 The ____________________________________ [name of
Public Body] (hereinafter referred to as "the Employer"),
wishes to receive bids for design-build and completion of
_________________________________________________
_________________________________________________
[insert the name of the Project and specific Works, and a
summary description of its key elements, so as to clearly
identify and distinguish it from other works], as defined in
these bidding documents (hereinafter referred to as "the
Works").
Bidders are advised that this Standard Bidding Document
contains no Bidding Data Sheet (BDS). Section 1-
Instructions to Bidders incorporates every data that the
procuring entity would have otherwise inserted in the BDS to
assist Bidders in the preparation of their bids.
1.2 The successful bidder will be expected to complete the
1
Works within ________________ [months/weeks] from the
date of commencement of the Works.
2. Public Entities 2.1 The public entities related to these bidding documents are the
Related to Public Body, acting as procurement entity(Employer), the
Bidding Procurement Policy Office, in charge of issuing standard
Documents & to bidding documents and responsible for any amendment these
challenge & may require, the Central Procurement Board in Charge of
appeal vetting Bidding document, receiving and evaluation of bids in
respect of major contracts and the Independent Review Panel,
set up under the Public Procurement Act 2006 (hereinafter
referred to as the Act.)
2.2 Sections 43, 44 and 45 of the Act provide for challenge and
review mechanism. Unsatisfied bidders shall follow
procedures prescribed in Regulations 48, 49 and 50 of the
Public Procurement Regulations 2008 to challenge
procurement proceedings and award of procurement
contracts or to file application for review at the Independent
Review Panel.
3. Corrupt or 3.1 The Government of the Republic of Mauritius requires that
Fraudulent bidders/suppliers/contractors, participating in procurement in
Practices Mauritius, observe the highest standard of ethics during the
procurement process and execution of contracts. In
pursuance of this policy,
1
For contracts of less than one year duration, use weeks. The figure indicated here should be the same as shown in
the Appendix to Bid. (Section 5)
Instructions to Bidders 19
_________________________________________________________________________________________________
(1) A bidder or a supplier shall not engage in or abet any
corrupt or fraudulent practice, including the offering
or giving, directly or indirectly, of improper
inducements, in order to influence a procurement
process or the execution of a contract, including
interference in the ability of competing bidders to
participate in procurement proceedings.
(2) A bidder or a supplier shall not engage in any
coercive practice threatening to harm, directly or
indirectly, any person or his property to influence his
participation in a procurement process, or affect the
execution of a contract.
(3) A bidder shall not engage in collusion, before or after
a bid submission, designed to allocate procurement
contracts among bidders, establish bid prices at
artificial non-competitive levels or otherwise deprive
a public body of the benefit of free and open
competition.
(4) A public body shall reject a bid if the bidder offers,
gives or agrees to give an inducement referred to in
subsection (1) and promptly notify the rejection to the
bidder concerned and to the Policy Office.
(5) (a) Subject to paragraph (b), a bidder or supplier who
is responsible for preparing the specifications or
bidding documents for, or supervising the execution
of a procurement contract, or a related company of
such bidder or supplier, shall not participate in such
bidding.
(b) Paragraph (5) shall not apply to the several
bodies (consultants, contractors or suppliers) that
together may be performing the supplier’s obligations
under a turnkey or design-build contract.”
(6) (a) No public official, or his close relative, shall
participate as a bidder in procurement
proceedings of that public body and no award of
a procurement contract shall be made directly to
such official or to any body in which he or his
close relative, is employed in a management
capacity or has a substantial financial interest.
(b) “close relative” includes spouse, child grandchild
or parent.
(extract from section 51 and 52 of the Act)
3.2 Furthermore, bidders shall be aware of the provision stated in
Sub-Clause 15.5 of the Conditions of Contract.
4. Eligible Bidders 4.1 A Bidder, and all parties constituting the Bidder, shall have
the nationality of an eligible country subject to section 17 of
the Act. A Bidder shall be deemed to have the nationality of a
country if the Bidder is a citizen or is constituted, or
Instructions to Bidders 20
_________________________________________________________________________________________________
incorporated, and operates in conformity with the provisions
of the laws of that country. This criterion shall also apply to
the determination of the nationality of proposed
subcontractors or suppliers for any part of the Contract
including related services.
(a) With a view to facilitating participation by
bidders, the public body shall accept the
submission by bidders of equivalent
documentation when particular documents
required by the bidding documents are not
available or issued, for example, in a foreign
bidder’s country of origin.
(b) Public bodies may also accept certifications
from bidders attesting to compliance with
eligibility requirements.
4.2 Public bodies may require the submission of signed
statements from the bidders, certifying eligibility, in the
absence of other documentary evidence establishing
eligibility.
Eligibility requirements may concern:
(a) Business registration, for which evidence may include the
certificate of company registration;
(b) Tax status, for which documentation of tax registration
and tax clearance are relevant;
(c) Certifications by the bidder of the absence of a debarment
order and absence of conflict of interest; and
(d) Certification of status regarding conviction for any offence
involving fraud, corruption or dishonesty.
4.3 A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest with
one or more parties in this bidding process, if :
(a) they have a controlling partner in common; or
(b) they receive or have received any direct or indirect
subsidy from any of them; or
(c) they have the same legal representative for purposes
of this bid; or
(d) they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or
influence on the Bid of another Bidder, or influence
the decisions of the Employer regarding this bidding
Instructions to Bidders 21
_________________________________________________________________________________________________
process; or
(e) a Bidder participates in more than one bid in this
bidding process. Participation by a Bidder in more
than one Bid will result in the disqualification of all
Bids in which the party is involved. However, this
does not limit the inclusion of the same subcontractor
in more than one bid; or
(f) a Bidder or any of its affiliates participated as a
consultant in the preparation of the design or
technical specifications of the contract that is the
subject of the Bid; or
(g) a Bidder, or any of its affiliates has been hired (or is
proposed to be hired) by the Employer as Engineer
for the contract.
4.4 A firm that is under a declaration of ineligibility by the
Government of Mauritius in accordance with applicable laws,
at the date of the deadline for bid submission or thereafter,
shall be disqualified.
A list of bidders who are disqualified or debarred from
participating in public procurement in Mauritius is available on
the website of the Procurement Policy Office:
http://ppo.gov.mu
4.5 Government-owned enterprises in the Government’s country
shall be eligible only if they can establish that they: (i) are
legally and financially autonomous; (ii) operate under
commercial law; and (iii) that they are not a dependent
agency of the Government.
4.6 (1) When submitting any bid, a foreign individual, firm,
company or institution, shall specify whether or not any agent
has been appointed in Mauritius, and if so:
a) the name and address of the agent;
(b) the amount of the commission amount to the agent, the
type of currency and mode of payment;
(c) the conditions of the agency agreement; and
(d) the tax account number of the local agent.
(2) If a bid submitted stated that there is no local agent, and if
it is proven thereafter that there exists an agent or if a bidder
has stated an amount for a commission and it is proven that
there exists a higher amount for that commission, action shall
be taken against him under section 52 of the Act for his
suspension and debarment.
Instructions to Bidders 22
_________________________________________________________________________________________________
4.7 Bidders shall provide such evidence of their continued
eligibility to the satisfaction of the Public Body, as the Public
Body shall reasonably request.
5. Eligible 5.1 The materials, equipment, and services to be supplied under
Materials, the Contract shall have their origin in eligible source countries
Equipment and as defined in Sub-Clause 4.1 above and all expenditures
Services made under the Contract will be limited to such materials,
equipment, and services. At the Employer's request, bidders
may be required to provide evidence of the origin of
materials, equipment, and services.
5.2 For purposes of Sub-Clause 5.1 above, "services" means the
works and all project-related services including design
services.
5.3 For purposes of Sub-Clause 5.1 above, “origin" means the
place where the materials and equipment are mined, grown,
produced or manufactured, and from which the services are
provided. Materials and equipment are produced when,
through manufacturing, processing or substantial or major
assembling of components, a commercially recognized
product results that is substantially different in basic
characteristics or in purpose or utility from its components.
6. Qualification of 6.1 To be qualified for award of Contract, bidders shall:
the Bidder
(a) submit written confirmation of authorization to sign on
behalf of the Bidder which could be in the form of a power of
attorney or in any other form demonstrating that the
representative has been duly authorized to sign.
2
(b) _________________________________________
_________________________________________
_________________________________________;
and
(c) submit proposals regarding work methods,
scheduling and resourcing which shall be, provided
in sufficient detail to confirm the bidders capability to
complete the works in accordance with the
Employer’s Requirements, the specifications and the
time for completion.
6.2 Bids submitted by a joint venture of two or more firms as
partners shall comply with the following requirements:
(a) the bid, and in case of a successful bid, the Form of
Contract Agreement, shall be signed so as to be
legally binding on all partners;
2
Specify qualification requirements for bidders, including members of joint ventures, equipment manufacturers and
subcontractors. Requirements should specify financial capacity, technical capability, minimum acceptable levels with
regard to Bidder's experience in supplying and installing facilities with comparable technical parameters, its
manufacturing and installation capacity, its financial capacity and other relevant factors such as work in hand, future
commitments, and current litigation.
Instructions to Bidders 23
_________________________________________________________________________________________________
(b) one of the partners shall be authorized to be in
charge; and this authorization shall be evidenced by
submitting a power of attorney signed by legally
authorized signatories of all the partners;
(c) the partner in charge shall be authorized to incur
liabilities, receive payments and instructions for and
on behalf of any or all partners of the joint venture
and the entire execution of the Contract;
(d) all partners of the joint venture shall be jointly and
severally liable for the execution of the Contract in
accordance with the Contract terms, and a relevant
statement to this effect shall be included in the
authorization mentioned under (b) above as well as
in the Bid Form and the Form of Contract
Agreement (in case of a successful bid); and
(e) a copy of the agreement entered into by the joint
venture partners shall be submitted with the bid.
6.3 Bidders shall also submit proposals of work methods and
schedule in sufficient detail to demonstrate the adequacy of
the bidders’ proposals to meet the Employer's Requirements
and the completion time referred to in Sub-Clause 1.2 above.
7. One Bid per 7.1 Each bidder shall submit only one bid either by itself, or as a
Bidder partner in a joint venture. A bidder who submits or
participates in more than one bid will cause all those bids to
be rejected.
8. Cost of Bidding 8.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer shall
in no case be responsible or liable for those costs, regardless
of the conduct or outcome of the bidding process.
9. Site Visit 9.1 The bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the bid and entering into a contract for the design-
build and completion of the Works. The costs of visiting the
Site shall be at the bidder's own expense.
9.2 The bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and
lands for the purpose of such inspection, but only upon the
express condition that the bidder, its personnel and agents,
will release and indemnify the Employer and its personnel
and agents from and against all liability in respect thereof and
will be responsible for death or personal injury, loss of or
damage to property and any other loss, damage, costs and
expenses incurred as a result of the inspection.
Instructions to Bidders 24
_________________________________________________________________________________________________
B. Bidding Documents
10. Content of 10.1 The bidding documents are those stated below, and should
Bidding be read in conjunction with any Addenda issued in
Documents accordance with Clause 12:
Invitation for Bids
Section 1 Instructions to Bidders
2 Part I - General Conditions
3 Part II - Conditions of Particular Application
4 Employer's Requirements
5 Forms of Proposals and Appendices
6 Sample Forms
7 Schedules
8 Drawings
10.2 The bidder is expected to examine carefully the contents of
the Bidding documents. Failure to comply with the
requirements of bid submission will be at the bidder's own
risk. Pursuant to Clause 29, bids which are not substantially
responsive to the requirements of the bidding documents will
be rejected.
11. Clarification of 11.1 A prospective bidder requiring any clarification of the bidding
Bidding documents may notify the Employer in writing or by fax
Documents (hereinafter the term “fax" is deemed to include
electronic transmission) at the Employer's address indicated
in the Invitation for Bids. The Employer will respond to any
request for clarification which it receives earlier than
3
______________ [insert number] days prior to the deadline
for submission of bids. Copies of the Employer's response,
including a description of the inquiry, will be forwarded to all
purchasers of the bidding documents.
12.1 Amendment 12.1.1 At any time prior to the deadline for submission of bids, the
of Bidding Employer may, for any reason, whether at its own initiative or
Documents in response to a clarification requested by a prospective
bidder, modify the bidding documents by issuing addenda.
12.1.2 Any addendum thus issued shall be part of the bidding
documents pursuant to Sub-Clause 10.1, and shall be
communicated in writing or by fax to all purchasers of the
bidding documents. Prospective bidders shall acknowledge
receipt of each addendum by fax to the Employer.
12.1.3 To afford prospective bidders reasonable time in which to
take an addendum into account in preparing their bids, the
Employer may extend the deadline for submission of bids, in
accordance with ITB 13.6.
3
Adequate time should be allowed for potential bidders to take the Employer's response into account in bid
preparation. Usually 28 days are sufficient, but for large and complex works with long bid preparation periods, a
minimum period of 42 to 56 days may be necessary, depending on the circumstance. It may be necessary to extend
the deadline for submission of bids (see Sub-Clause 24.2).
Instructions to Bidders 25
_________________________________________________________________________________________________
12.2 Pre-bid Meeting
12.2.1 The bidder or its official representative is invited to attend a
pre-bid meeting which will take place at _________________
_______________________________________ [address of
4
venue] on ______________ [time and date].
12.2.3 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that
stage.
12.2.4 The bidder is requested to submit any questions in writing or
by fax, to reach the Employer not later than one week before
the meeting.
12.2.5 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any response prepared after
the meeting, will be transmitted promptly to all Bidders who
have acquired the Bidding Document from the sources
indicated in the Invitation for Bids. Any modification of the
Bidding Document that may become necessary as a result of
the pre-bid meeting shall be made by the Employer
exclusively through the issue of an addendum pursuant to
ITB 12.2 and not through the minutes of the pre-bid meeting.
12.2.6 Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a bidder.
C. First Stage: Bids Preparation
13.1 Language of 13.1.1 The Bid as well as all correspondence and documents
Bid relating to the bid exchanged by the Bidder and the
Employer, shall be written in English. Supporting documents
and printed literature that are part of the Bid may be in
another language provided they are accompanied by an
accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
Notwithstanding the above, documents in French submitted
with the bid may be accepted without translation.
13.2.1 Documents 13.2.1 The First Stage bid submitted by the Bidder shall comprise the
comprising the following documents:
Bid
Bid Form–First Stage, duly completed and signed by the
Bidder together with all Attachments identified in ITB Sub-
Clause 13.2.3 below.
First Stage bids are technical bids and shall contain no
prices or price schedules or other reference to rates and
prices for completing the facilities. First Stage bids
4
Not later than 28 days before the deadline for bid submission. It should take place concurrently with the Site visit; if
any (see Sub Clause 8.3).
Instructions to Bidders 26
_________________________________________________________________________________________________
containing such price information will be rejected.
13.2.2 Bidders shall note that they are permitted to propose technical
alternatives or other alternative bids with their First Stage bids
in addition to or in lieu of the requirements specified in the
bidding documents, provided they can document that the
proposed alternative bids are to the benefit of the Public Body,
that they fulfill the principal objectives of the contract, and that
they meet the basic performance and technical criteria
specified in the bidding documents.
Any alternative bid proposed by bidders in their First Stage bid
will be the subject of discussion during the clarification
meeting with the Bidder.
13.2.3 Attachments to the First Stage bid
Each Bidder shall submit with its First Stage bid the following
attachments:
(a) Attachment 1: Bidder’s Eligibility and Qualifications
In the absence of prequalification, documentary
evidence established in accordance with ITB Clause 4
that the Bidder is eligible to bid and is qualified to
perform the contract if its bid is accepted.
The documentary evidence of the Bidder’s eligibility to
bid shall establish to the Public Body’s satisfaction that
the Bidder, at the time of submission of its bid, is from
an eligible source country as defined in ITB Sub-Clause
5.
The documentary evidence of the Bidder’s qualifications
to perform the contract, if its bid is accepted, shall
establish to the Public Body’s satisfaction that the
Bidder has the financial, technical, production,
procurement, shipping, installation, and other
capabilities necessary to perform the contract and, in
particular, meets the experience and other criteria
outlined in the ITB 6.1 and ITB 6.3.
Bids submitted by a joint venture of two or more firms as
partners shall comply with ITB 6.2
(b) Attachment 2: Eligibility and Conformity of the Facilities
Documentary evidence established in accordance with
ITB Clause 5 that the facilities to be offered by the
Bidder in its bid or in any alternative bid are eligible
facilities and conform to the bidding documents.
The documentary evidence of the eligibility of the
facilities shall consist of a statement on the country of
origin of the plant and equipment offered, which shall be
confirmed by a certificate of origin issued at the time of
Instructions to Bidders 27
_________________________________________________________________________________________________
shipment.
The documentary evidence of the conformity of the
facilities to the bidding documents may be in the form of
literature, drawings and data, and shall furnish
(i) a detailed description of the essential technical
and performance characteristics of the facilities
(ii) a list giving full particulars, including available
sources, of all spare parts, special tools, etc.,
necessary for the proper and continuing
functioning of the facilities for a period of […]
years, following completion of the facilities in
accordance with the provisions of the contract
(iii) commentary on the Public Body’s Technical
Specifications and adequate evidence
demonstrating the substantial responsiveness of
the facilities to those specifications. Bidders shall
note that the standards for workmanship,
materials and equipment designated by the Public
Body in the bidding documents are intended to be
descriptive (establishing standards of quality and
performance) only and not restrictive. The Bidder
may substitute alternative standards, brand
names and/or catalog numbers in its bid, provided
that it demonstrates to the Public Body’s
satisfaction that the substitutions are substantial,
equivalent, or superior to the standards
designated in the Technical Specifications.
(c) Attachment 3: Subcontractors proposed by the Bidder
With its bid, the Bidder shall include details of all
major items of supply or services that it proposes
purchasing or subletting, giving details of the name and
nationality of the proposed Subcontractor, including
vendors, for each of these items. The Bidder shall be
responsible for ensuring that any Subcontractor proposed
complies with the requirements of ITB Sub-Clause 4.4 and
that any plant, equipment or services to be provided by the
Subcontractor comply with the requirements of ITB Clause
5 and ITB Sub-Clause 13.2.3 (a).
The Public Body reserves the right to delete any
proposed Subcontractor from the list prior to or during
the clarification meeting with the Bidder.
(d) The technical proposal shall contain the following:
(i) Bid Form for Technical Proposal and
Appendix to Technical Proposal;
(ii) Written Authorization for signing the bid;
(iii) Information on Qualification;
(iv) Confirmation of Eligibility;
(v) Schedule of Major Items of Equipment;
Instructions to Bidders 28
_________________________________________________________________________________________________
(vi) Schedule of Major Items of Constructional
Plant;
(vii) Schedule of Key Personnel;
(viii) Schedule of Subcontractors;
(ix) Schedule of Recommended Spare Parts;
(x) Schedule of Compliance with the Bidding
Documents; and
(xi) any other materials required to be completed
and submitted by bidders in accordance with
these Instructions to Bidders.
13.3 Bid Form 13.3.1 The Bidder shall complete the first stage bid form furnished in
the bidding documents in the manner and detail indicated
therein and submit the same with its first stage bid.
13.4. Format and 13.4.1 The Bidder shall prepare an original and the two copies/sets
Signing of Bid of clearly marking each one as: “FIRST STAGE BID—ORIGINAL,”
“FIRST STAGE BID—COPY NO. 1,” “FIRST STAGE BID—COPY NO.
2,” etc., as appropriate. In the event of any discrepancy
between the original and any copy, the original shall govern.
Electronic Bidding is not allowed.
13.4.2 The original and all copies of the bid shall be typed or written
in indelible ink and shall be signed by the Bidder or a person
or persons duly authorized to bind the Bidder to the contract.
All pages of the bid, except for unamended printed literature,
shall be initialed by the person or persons signing the bid.
13.4.3 The bid shall contain no alterations, omissions or additions,
unless such corrections are initialed by the person or persons
signing the bid.
13.5 Sealing and 13.5.1 The Bidder shall seal the original first stage bid and each copy
Marking of First of the bid in separate envelopes, each containing the
Stage Bids documents specified in ITB Clause 13.2.1, and shall mark the
envelopes as “FIRST STAGE BID—ORIGINAL” and “FIRST STAGE
BID—COPIES,” all duly marked as required in ITB Sub-Clause
13.4.1 The envelopes shall be sealed in an outer envelope. If
electronic bidding is permitted.
13.5.2 The inner and outer envelopes shall
(a) be addressed to the Public Body, and
(b) bear the contract name, the Invitation for Bids (IFB)
title and number, and the words “FIRST STAGE BID. DO
NOT OPEN BEFORE [date]______,” to be completed
with the time and date specified in the BDS, pursuant
to ITB Sub-Clause 13.6.1
13.5.3 The inner envelopes shall each indicate the name and
address of the Bidder to enable the bid to be returned
unopened in case it is declared “late.”
If the outer envelope is not sealed and marked as required by
Instructions to Bidders 29
_________________________________________________________________________________________________
ITB Sub-Clauses 13.4.1 and 13.4.2, the Public Body will
assume no responsibility for the bid’s misplacement or
premature opening. If the outer envelope discloses the
Bidder’s identity, the Public Body will not guarantee the
anonymity of the bid submission, but this disclosure will not
constitute grounds for bid rejection.
13.6 Deadline for 13.6.1 First Stage bids must be received by the Public Body at:
submission of
bids [insert address]
and no later than:
[insert time and date]
Late bids will be rejected.
D. First Stage Bids: Opening and Evaluation
13.7 Opening of first 13.7.1 The Public Body will open the First Stage bids in the presence
stage bid by of Bidders’ representatives who choose to attend on the date
Public Body of bid submission and at the time and place indicated
hereunder:
[insert date, time and place]
Bidder’s representatives shall sign a register as proof of their
attendance.
13.7.2 The names of all bidders who submitted First Stage bids will
be read out, and other such details as the Public Body, at its
discretion, may consider appropriate, will be announced at the
opening.
13.7.3
The Public Body will prepare minutes of the bid opening.
13.8 Preliminary 13.8.1 The Public Body will examine the bids to determine whether
examination of they are complete, whether the documents have been
First Stage Bids properly signed and whether the bids are generally in order.
Any bids found to be nonresponsive or not meeting the
minimum levels of the performance or other criteria specified
in the bidding documents will be rejected by the Public Body
and not included for further consideration. The Public Body
will also carry out a preliminary examination of any alternative
bids submitted by bidders.
13.9 Technical 13.9.1 The Public Body will carry out a detailed evaluation of the bids
Evaluation of in order to determine whether the technical aspects are
first stage bids substantially responsive to the requirements set forth in the
bidding documents. In order to reach such a determination,
the Public Body will examine the information supplied by the
bidders, pursuant to ITB Clause 13.2.3, and other
requirements in the bidding documents, taking into account
Instructions to Bidders 30
_________________________________________________________________________________________________
the following factors:
(a) overall completeness and compliance with the Technical
Specifications and Drawings; the technical merits of
alternatives offered and deviations from the Technical
Specifications; suitability of the facilities offered in
relation to the environmental and climatic conditions
prevailing at the site; quality, function and operation of
any process control concept included in the bid
(b) achievement of specified performance criteria by the
facilities
(c) compliance with the time schedule called for in the
corresponding Appendix to the Form of Contract
Agreement and any alternative time schedules offered
by bidders, as evidenced by a milestone schedule
provided in the bid
(d) type, quantity, and long-term availability of spare parts
and maintenance services
(e) any other relevant technical factors that the Public Body
deems necessary or prudent to take into consideration
(f) any deviations to the commercial and contractual
provisions stipulated in the bidding documents.
13.9.2 The Public Body will also review complete technical
alternative bids, if any, offered by the Bidder, pursuant to ITB
Sub-Clause 13.2.2, to determine whether such alternatives
may constitute an acceptable basis for a Second Stage bid to
be submitted on its own merits.
13.10 Qualifications 13.10.1 In the absence of prequalification, the Public Body will
ascertain to its satisfaction whether bidders determined as
having submitted responsive First Stage bids are qualified to
satisfactorily perform the contract.
13.10.2 The determination will take into account the Bidder’s financial,
technical and production capabilities and past performance. It
will be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB Sub-Clause 13.2.3 (a), as well as
such other information as the Public Body deems necessary
and appropriate.
An affirmative determination will be a prerequisite for the
Public Body to invite the Bidder to a clarification meeting in
accordance with ITB Clause 13.11. A negative determination
will result in rejection of the Bidder’s bid.
E. Clarification Meeting
13.11 Clarification of 13.11.1 The Public Body may conduct clarification meetings with each
First Stage Bids or any Bidder to clarify any aspects of its First Stage bid that
and Review of require explanation at this stage of the evaluation. During
Alternative these meetings, the Public Body may bring to the attention of
Instructions to Bidders 31
_________________________________________________________________________________________________
solutions the Bidder any matters, technical or otherwise, where for
whatever reason, it requires amendments or changes to be
made to the First Stage bid.
The Public Body will advise the Bidder of any exceptions or
13.11.2 deviations in the First Stage bid, that are unacceptable and
that are to be withdrawn in the Second Stage bid.
The Public Body will also advise the Bidder whether the
13.11.3 proposed alternative bid, if any, is acceptable, and will identify
the degree (if any) to which such an alternative bid may be
incorporated in the Bidder’s Second Stage bid.
13.12 Invitation to 13.12.1 At the end of the First Stage evaluation and after holding
submit Second clarification meetings:
Stage Bid
(a) the Public Body shall issue an amendment to the bidding
documents modifying, inter alia and as needed, the evaluation
criteria or other sections of the Instructions to Bidders, the
Special Conditions of Contract, and the Technical
Specifications resulting from the First Stage evaluation and
clarification meetings, with the objective of improving
competition without compromising essential project objectives.
and
(b) notify a Bidder that its bid has been rejected on the
grounds of being substantially nonresponsive, or that the
Bidder does not meet the minimum qualification requirements
set forth in the bidding documents.
21.2 Bidders are not allowed to form joint venture(s) with
other bidders, nor change the partner or structure of the joint
venture if the Bidder in the First Stage was a joint venture.
21.3 The deadline for submission of Second Stage bids will
be specified in the invitation to submit Second Stage bids.
F. Second Stage Bids: Preparation
14. Documents 14.1 The bid submitted by the bidder shall comprise two
Comprising the envelopes submitted simultaneously, one containing only the
Bid technical proposal and the other the price proposal.
14.2 The technical proposal shall contain the following:
(i) Bid Form for Technical Proposal and Appendix to
Technical Proposal;
(ii) Written Authorization for signing the bid;
(iii) Schedule of Major Items of Equipment;
(iv) Schedule of Major Items of Constructional Plant;
(v) Schedule of Key Personnel;
(vi) Schedule of Subcontractors;
(vii) Schedule of Recommended Spare Parts;
(viii) Schedule of Compliance with the Bidding
Documents; and
(ix) any other materials required to be completed and
submitted by bidders in accordance with these
Instructions to Bidders 32
_________________________________________________________________________________________________
Instructions to Bidders.
14.3 The price proposal shall contain the following:
(i) Bid Form for Price Proposal and Appendix to Price
Proposal;
(ii) Form of Bid Security/Form of Bid Securing
Declaration;
(iii) Schedules of Prices:
I. Design, Drawings and Documentation
II. Plant and Equipment, including Mandatory
Spare Parts Supplied from outside the
Employer's Country;
III. Plant and Equipment, including Mandatory
Spare Parts supplied from within the
Employer’s Country;
IV. Civil Works, Installation and Other Services;
V. Grand Summary; and
VI. Recommended Spare Parts.
(iv) Schedule of Payment;
(v) Schedule of Coefficients and Indices for Price
Adjustment; and
(vi) any other materials required to be completed and
submitted by bidders in accordance with these
Instructions to Bidders.
15. Bid Form and 15.1 The Bidder shall complete the Bid Form and the appropriate
Price Schedules Price Schedules furnished in the bidding documents in the
manner and detail indicated therein, following the
requirements of Clauses 16 and 17.
16. Bid Prices 16.1 Unless specified otherwise in Employer's Requirements,
Bidders shall quote for the entire facilities on a “single
responsibility" basis such that the total bid price covers all the
Contractor's obligations mentioned in or to be reasonably
inferred from the bidding documents in respect of the design,
manufacture, including procurement and subcontracting (if
any), delivery, construction, installation and completion of the
facilities. This includes all requirements under the
Contractor's responsibilities for testing, pre-commissioning
and commissioning of the facilities and, where so required by
the bidding documents, the acquisition of all permits,
approvals and licenses, etc, operation maintenance and
training services and such other items and services as may
be specified in the bidding documents, all in accordance with
the requirements of the Conditions of Contract.
16.2 Bidders shall give a breakdown of the prices in the manner
and detail called for in the Schedules of Prices.
16.3 In the Schedules, Bidders shall give the required details and
a breakdown of their prices, including all taxes, duties, levies,
and charges payable in Mauritius as of twenty eight (28) days
prior to the deadline for submission of bids, as follows:
Instructions to Bidders 33
_________________________________________________________________________________________________
(a) Design including all necessary drawings and
documentation for the Work.
(b) Plant and equipment to be supplied from outside the
Employer's country (Schedules of Prices: II) shall be
quoted on a CIF port-of entry. In addition, the FOB
price and import duties and taxes shall also be
indicated separately.
(c) Plant and equipment, manufactured or fabricated
within the Employer's country (Schedules of Prices:
III) shall be quoted on an EXW (ex-factory, ex-
works, ex-warehouse or off-the-shelf, as applicable)
basis and shall be inclusive of all costs as well as
duties and taxes paid or payable on components
and raw materials incorporated or to be incorporated
in the facilities. In addition, Value Added Tax shall
be indicated separately.
(d) Civil Works, Installation and Other Services shall be
quoted separately (Schedules of Prices: IV) and
shall include rates or prices for all labor, contractor's
equipment, temporary works, materials,
consumables and all matters and things of
whatsoever nature, including local transportation,
operations and maintenance services, the provision
of operations and maintenance manuals, training,
etc. where identified In the bidding documents, as
necessary for the proper execution of the Civil
Works, Installation and Other Services.
(e) Recommended spare parts shall be quoted
separately (Schedules of Prices: VI) as specified in
either subparagraph (b) or (c) above in accordance
with the origin of the spare parts.
16.4 The terms EXW, CIF, and FOB shall be governed by the
rules prescribed in the current edition of Incoterms, published
by the International Chamber of Commerce, Paris.
16.5 Prices quoted by the bidder shall be subject to adjustment
during performance of the contract to reflect changes in the
cost of labor, fuel, material, equipment and transport
components in accordance with the procedures specified in
Sub-Clause 13.17 of the Conditions of Particular Application.
The price adjustment provision will not be taken into
consideration in bid evaluation. Bidders are required to
indicate the source of labor, equipment and material indices
in the Schedule of Coefficients and Indices for Price
Adjustment.
17. Bid Currencies 17.1 Prices shall be quoted in the following currencies:
(a) the prices shall be quoted either in the currency of
the bidder's home country, or in any other freely
convertible currency:
Instructions to Bidders 34
_________________________________________________________________________________________________
(b) a bidder expecting to incur a portion of its
expenditures in the performance of the Contract in
more than one currency, and wishing to be paid
accordingly, shall so indicate in its Bid; and.
(c) if some of the contract expenditures related to Civil
Works, Installation and Other Services pursuant to
Clause 16.3(d) are to be incurred in Mauritius, such
expenditures shall be quoted in either foreign and/or
local currency, depending upon the currency in
which the costs are to be incurred.
17.2 Bidders shall indicate their expected foreign currency
requirements in the Appendix to Price Proposal.
17.3 Bidders may be required by the Employer to clarify their local
and foreign currency requirements, and to substantiate that
the amounts included in the Schedule of Prices and shown in
the Appendix to Price Proposal are reasonable and
responsive to Sub-Clause 16.1 in which case a detailed
breakdown of its foreign currency requirements shall be
provided by the bidder.
17.4 During the progress of the Works, the foreign currency
portions of the outstanding balance of the Contract Price may
be adjusted by agreement between the Employer and the
Contractor to reflect any changes in foreign currency
requirements for the contract, in accordance with Clause
13.15 of the Conditions of Particular Application. Any such
adjustment shall be effected by comparing the amounts
quoted in the bid with the amounts already used in the Works
and the Contractor's future needs for imported items.
18. Bid Validity 18.1 Bids shall remain valid for a period of
5
_____________________ [specify number] days after the
date of opening of technical proposals specified in Sub-
Clause 24.1.
18.2 In exceptional circumstances, prior to expiry of the original
bid validity period, the Employer may request that the bidders
extend the period of validity for a specified additional period.
The request and the responses thereto shall be made in
writing or by electronic mail. A bidder may refuse the request
without forfeiting its bid security or its bid securing declaration
executed whichever is applicable. A bidder agreeing to the
request will not be required or permitted to modify its bid, but
will be required to extend the validity of its bid security for the
period of the extension, and in compliance with Clause 18 in
all respects.
5
This period should be realistic, allowing sufficient time to evaluate the technical and price proposals, bearing in mind
the complexity of the Works, and the time required for obtaining references, clarifications, clearances and approvals
and for notification of the award. Normally the validity period for the two-envelope bidding procedure should not
exceed 180 days.
Instructions to Bidders 35
_________________________________________________________________________________________________
Bid Securities
Alternative A: To be used when a Bid Security is
required.
19. Bid Security 19.1 The Bidder shall furnish, as part of its bid with the
price proposal, a bid security in the amount of
_________________ [indicate amount currency of
6
Employer’s country] or an equivalent amount in a freely
convertible currency.
19.2 The Bid Security shall be in the form of bank guarantee from
an overseas reputable bank or from a local commercial bank.
The format of the bank guarantee shall be in accordance with
the sample form of Bid Security included in Section 6. The
Bid Security shall remain valid for 30 days beyond the
original validity period for the bid, and beyond any period of
extension subsequently requested under Sub-Clause 18.2.
19.3 Any bid not accompanied by an acceptable Bid Security shall
be rejected by the Employer as nonresponsive.
19.4 The bid securities of unsuccessful bidders will be returned as
promptly as possible, but not later than 28 days after the
expiration of the period of bid validity.
19.5 The Bid Security of the successful bidder will be returned
when the bidder has signed the Contract Agreement and
furnished the required performance security.
19.6 The bid security may be forfeited
(a) if the bidder withdraws its bid, except as provided in
Sub-Clause 26.1;
(b) if the bidder does not accept the correction of its bid
price, pursuant to Sub-Clause 37.2; or
(c) in the case of a successful bidder, if it fails within the
specified time limit to
(i) sign the Contract Agreement and
(ii) furnish the required performance security,
Alternative to Bid Security
Alternative B: To be used when a Bid Securing
Declaration (BSD) is required.
6
As the price proposal may be altered by submission of a supplementary price proposal as a result of discussions with
the Employer during the evaluation of technical proposals, the bid security should be specified as a fixed sum. The
sum should not exceed two percent of the estimated cost of the contract.
Instructions to Bidders 36
_________________________________________________________________________________________________
19. Bid Securing 19.1 The Bidder shall subscribe in the Bid Submission Form, an
Declaration undertaking that if it withdraws or modifies its bid during the
period of validity of the bid or does not accept correction of
arithmetical error or if it is awarded the contract and fails to
sign the contract or to submit a performance security before
the deadline defined in the bidding documents, it may be
disqualified for a period of time from being eligible for bidding
in any public contract.
The Bid Securing Declaration shall be an Appendix to the
Price Proposal.
Alternative Proposals by Bidders
Alternative A: To be used when alternative proposals are
not permitted.
20. Alternative 20.1 Bidders shall submit offers which comply with the documents,
Proposals by including the basic Employer's Requirements as indicated in
Bidders the bidding documents. Alternatives will not be considered.
Alternative Proposals by Bidders
Alternative B: Technical alternative accepted, but only
that of the lowest evaluated substantially
responsive bidder considers.
20.1 Bidders wishing to offer technical alternatives to the
Employer's Requirements of the bidding documents must first
price the Employer's Requirements as described in the
bidding documents and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed
construction methods. Only the technical alternatives, if any,
of the lowest evaluated bidder conforming to the basic
technical requirements shall be considered by the Employer.
21. Deleted
22. Format and 22.1 The bidder shall prepare one original and
7
Signing of Bid __________________ [insert number] copies of the
technical proposal and the financial proposal, clearly
marking each one as: "ORIGINAL-TECHNICAL
PROPOSAL", "ORIGINAL-PRICE PROPOSAL", "COPY NO.
I - TECHNICAL PROPOSAL", "COPY NO. I - PRICE
PROPOSAL ", etc as appropriate. In the event of discrepancy
7
Usually two, more if essential.
Instructions to Bidders 37
_________________________________________________________________________________________________
between the original and any copy, the original shall prevail.
22.2 The original and all copies of the bid shall be typed or written
in indelible ink (in the case of copies, photocopies are also
acceptable) and shall be signed by a person or persons duly
authorized to sign on behalf of the bidder, pursuant to Sub-
Clauses 6.1 (a) or 6.2 (b), as the case may be. All pages of
the bid where amendments have been made shall be initialed
by the person or persons signing the bid.
22.3 The bid shall contain no alterations, omissions or additions,
except those to comply with instructions issued by the
Employer, or as necessary to correct errors made by the
bidder, in which case such corrections shall be initialed by
the person or persons signing the bid.
22.4 The bidder shall furnish information as described in the Form
of Bid on commission or gratuities, if any, paid or to be paid
relating to this Bid, and to contract execution if the bidder is
awarded the contract.
G. Second Stage: Submission of Bids
23. Sealing and 23.1 The bidder shall seal the original copy of the technical
Marking of Bids proposal, the original copy of the price proposal and each
copy of the technical proposal and each copy of the price
proposal in separate envelopes clearly marking each one as:
"ORIGINAL-TECHNICAL PROPOSAL", "ORIGINAL - PRICE
PROPOSAL", "COPY NO. I -TECHNICAL PROPOSAL",
"COPY NO. I - PRICE PROPOSAL", etc as appropriate.
23.2 The bidder shall seal the original bids and each copy of the
bids in an inner and an outer envelope, duly marking the
envelopes as "ORIGINAL" and "COPY".
23.3 The inner and outer envelopes shall
(a) be addressed to the Employer at the following
address: __________________________________
_________________________________________
[insert address of office for bid submission]; and
(b) bear the following identification:
Bid for _________________________
[name of Contract]
Bid Reference Number: ____________
DO NOT OPEN BEFORE ______________
[date and time for bid opening, as
mentioned in the letter of Invitation for the
second stage].
23.4 In addition to the identification required in Sub-Clause 23.3,
Instructions to Bidders 38
_________________________________________________________________________________________________
the inner envelope shall indicate the name and address of
the bidder to enable the bid to be returned unopened in case
it is declared "late" pursuant to Clause 25.
23.5 If the outer envelope is not sealed and marked as above, the
Employer will assume no responsibility for the misplacement
or premature opening of the bid.
24. Deadline for 24.1 Bids must be received by the Employer at the address
Submission of specified above no later than [the date and time indicated in
Bids the letter of invitation for the second stage].
24.2 The Employer may, at its discretion, extend the deadline for
submission of bids by issuing an addendum in accordance
with Clause 12, in which case all rights and obligations of the
Employer and the bidders previously subject to the original
deadline will thereafter be subject to the deadlines extended.
25. Late Bids 25.1 Any bid received by the Employer after the deadline for
submission of bids prescribed in Clause 24 will be rejected
and returned unopened to the bidder.
26. Modification, 26.1 The bidder may modify, substitute or withdraw its bid after bid
substitution and submission, provided that written notice of the modification,
Withdrawal of substitution or withdrawal is received by the Employer prior to
Bids the deadline for submission of bids.
26.2 The bidder's modification, substitution or withdrawal notice
shall be prepared, sealed, marked and delivered in
accordance with the provisions of Clause 23, with the outer
and inner envelopes additionally marked "MODIFICATION"
“SUBSTITUTION” or "WITHDRAWAL", as appropriate. A
withdrawal notice may also be sent by fax but must be
followed by a signed confirmation copy.
26.3 No bid may be modified by the bidder after the deadline for
submission of bids, except in accordance with Sub-Clause
26.2.
26.4 Withdrawal of a bid during the interval between the deadline
for submission of bids and the expiration of the period of bid
validity specified in Sub-Clause 18.1 may result in the
forfeiture of the bid security or execution of bid securing
declaration pursuant to Sub-Clause 19.6 or 19.1 respectively,
whichever is applicable.
H. Second stage: Opening and Evaluation of Technical
Proposals
27. Opening of 27.1 The Employer will open the technical proposals, including
Technical modifications made pursuant to Clause 26, in the presence of
Proposals bidders' representatives who choose to attend; at [at time,
date and address as mentioned in the Invitation to Bid for the
second stage]. The bidders' representatives who are present
shall sign a register evidencing their attendance.
Instructions to Bidders 39
_________________________________________________________________________________________________
27.2 The price proposals will remain unopened and will be held in
the custody of the Employer until the time of bid opening of
the price proposals. The time and date and location of the bid
opening of the price proposals will be communicated in
writing or by fax by the Employer and will follow the
evaluation of the technical proposals.
27.3 Envelopes marked “WITHDRAWAL” shall be opened and
read out first. Bids for which an acceptable notice of
withdrawal has been submitted pursuant to Clause 26 shall
not be opened.
27.4 The bidders' names, bid modifications, substitution and
withdrawals, such other details as the Employer may
consider appropriate, will be announced and recorded by the
Employer at the opening. The bidders' representatives will be
required to sign this record.
27.5 The Employer shall prepare minutes of the bid opening,
including the information disclosed to those present in
accordance with Sub-Clause 27.4.
28. Process to Be 28.1 Information relating to the examination, clarification,
Confidential evaluation and comparison of bids and recommendation for
the award of a contract shall not be disclosed to bidders or
any other persons not officially concerned with such process
until the award to the successful bidder has been announced.
Any effort by a bidder to influence the Employer's processing
of bids or award decisions may result in the rejection of the
bidder's bid.
29. Preliminary 29.1 The Employer will examine the bids to determine whether
Examination of they are complete, whether the documents have been
Technical properly signed and whether the bids are generally in order.
Proposals Any bid found to be non-responsive for any reason or not
meeting the minimum levels of the performance or other
criteria specified in the bidding documents will be rejected by
the Employer and not included for further consideration. The
Employer will also carry out a preliminary examination of any
alternative bid submitted by bidders.
30. Evaluation and 30.1 The Employer will carry out a detailed evaluation of the bids
Comparison of in order to determine whether the bidders are qualified and
Technical whether the technical aspects are substantially responsive to
Proposals the requirements set forth in the bidding documents. In order
to reach such a determination, the Employer will examine the
information supplied by the Bidders and other requirements
in the bidding documents, taking into account the following
factors:
(a) Qualification
(i) the determination will take into account the
Bidder's financial, technical and production
capabilities and past performance; it will be
based upon an examination of the
Instructions to Bidders 40
_________________________________________________________________________________________________
documentary evidence of the Bidder's
qualifications submitted by the Bidder in the
first stage, pursuant to Sub-Clause 6.1(b),
as well as such other information as the
Employer deems necessary and
appropriate; and
(ii) an affirmative determination will be a
prerequisite for the Employer to continue
with the evaluation of the technical proposal;
a negative determination will result in
rejection of the Bidder's bid.
(b) Technical
(i) overall completeness and compliance with
the Employer's Requirements; the technical
merits of plant and equipment offered and
deviations from the Employer's
Requirements; suitability of the facilities
offered in relation to the environmental and
climatic conditions prevailing at the site;
quality, function and operation of any
process control concept included in the bid;
(ii) achievement of specified performance
criteria by the facilities;
(iii) compliance with the time schedule called for
in Appendix to Technical proposal and any
alternative time schedules offered by
Bidders, as evidenced by a milestone
schedule provided in the bid;
(iv) type, quantity and long-term availability of
spare parts and maintenance services;
(v) ___________________________________
___________________________________
___________________________________
Include any other specific additional criteria that
the Employer deems necessary or prudent to be
taken into consideration.
(vi) any deviations to the commercial and
contractual provisions stipulated in the
bidding documents.
30.2 Any effort by the bidder to influence the Employer in the
Instructions to Bidders 41
_________________________________________________________________________________________________
employer's evaluation of technical proposals, bid comparison
or the Employer's decisions on acceptance or rejection of
bids may result in the rejection of the bidder's bid.
31. Deleted.
32. Invitation to 32.1 At the end of the evaluation of the technical proposals the
Attend Opening Employer will invite bidders who have submitted substantially
of Price responsive technical proposals and who have been
Proposals determined as being qualified for award to attend the bid
opening of the price proposals. Bidders shall be given
reasonable notice of the price proposal bid opening.
32.2 The Employer will notify unsuccessful Bidders on the grounds
of being substantially non-responsive to the requirements of
the bidding documents and return the unopened price
proposal after the selection process is complete.
I. Second Stage: Opening and Evaluation of Price
Proposals
33. Opening of Price 33.1 The Employer will open the price proposals of all bidders who
Proposals submitted substantially responsive technical proposals at the
time and date at the location advised to the bidders. The
bidder's representatives who are present shall sign a register
evidencing their attendance.
33.2 The bidder's names, the Bid Prices, the total amount of each
bid, any discounts, the presence or absence of bid security or
the subscription or non-subscription to the bid securing
declaration whichever is applicable, and such other details as
the Employer may consider appropriate, will be announced
and recorded by the Employer at the opening. The bidder's
representatives will be required to sign this record.
33.3 The Employer shall prepare minutes of the bid opening,
including the information disclosed to those present in
accordance with Sub-Clause 33.2.
34. Process to be 34.1 Information relating to the examination, clarification,
Confidential evaluation and comparison of bids and recommendation for
the award of a contract shall not be disclosed to bidders or
any other persons not officially concerned with such process
until the award to the successful bidder has been announced.
Any effort by a bidder to influence the Employer's processing
of bids or award decisions may result in the rejection of the
bidder's bid.
35. Clarification of 35.1 To assist in the examination, evaluation and comparison of
Price Proposals price proposals, the Employer may, at its discretion, ask any
and Contacting bidder for clarification of its bid. The request for clarification
the Employer and the response shall be in writing or by electronic mail, but
no change in the price or substance of the bid shall be
sought, offered or permitted except as required to confirm the
correction of arithmetic errors discovered by the Employer in
Instructions to Bidders 42
_________________________________________________________________________________________________
the evaluation of the bids in accordance with Clause 37.
35.2 Subject to Sub-Clause 35.1, no bidder shall contact the
Employer on any matter relating to its bid from the time of
opening of price proposals to the time the contract is
awarded.
35.3 Any effort by the bidder to influence the Employer in the
Employer's evaluation of price proposals, bid comparison or
contract award decisions may result in the rejection of the
bidder's bid.
36. Preliminary 36.1 The Employer will examine the bids to determine whether
Examination of they are complete, whether the documents have been
Price Proposals properly signed, whether the required security is included,
and whether the bids are substantially responsive to the
Determination of requirements of the bidding documents; and whether the bids
Responsiveness provide any clarification and/or substantiation that the
Employer may require pursuant to Clause 35.
36.2 A substantially responsive bid is one which conforms to all
the terms, conditions and requirements of the bidding
documents, without material deviation or reservation, and
includes the amendments and changes, if any, requested by
the Employer during the evaluation of the bidder's technical
proposal.
36.3 If a price proposal is not substantially responsive, it will be
rejected by the Employer, and may not subsequently be
made responsive by correction or withdrawal of the
nonconforming deviation or reservation.
37. Correction of 37.1 Price Proposals determined to be substantially responsive
Errors will be checked by the Employer for any arithmetical errors.
Arithmetical errors will be rectified on the following basis:
(a) If there is a discrepancy between the unit rate and
the total cost that is obtained by multiplying the unit
rate and quantity, the unit rate shall prevail and the
total cost will be corrected unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit rate, in which case the total
cost as quoted will govern and the unit rate
corrected.
(b) If there is a discrepancy between the total bid amount
and the sum of total costs, the sum of the total costs
shall prevail and the total bid amount will be
corrected.
37.2 The amount stated in the Form of Bid for Price Proposal will
be adjusted by the Employer in accordance with the above
procedure for the correction of errors and, shall be
considered as binding upon the bidder. If the bidder does not
accept the corrected amount of bid, its bid will be rejected,
and the bid security may be forfeited or bid securing
Instructions to Bidders 43
_________________________________________________________________________________________________
declaration executed, whichever is applicable, in accordance
with Sub-Clause 19.6(b) or 19.1 respectively.
38. Conversion to 38.1 The Employer will convert the amounts in various currencies
Single Currency in which the Bid Price is payable in Mauritian Rupees at the
selling exchange rates officially prescribed for similar
transactions as established by the Central Bank of Mauritius
on the date of opening of bids.
39. Evaluation and 39.1 The Employer will evaluate and compare only the bids
Comparison of determined to be substantially responsive in accordance with
Price Proposals Clause 36.
39.2 For plant and equipment, the comparison shall be of the ex-
factory price of plant and equipment offered from within the
Employer's country, (such price to include all costs as well as
duties and taxes paid or payable on components and raw
material incorporated or to be incorporated in the plant and
equipment) and the CIF-named port of destination price
offered from outside the Employer's country, plus duties and
the cost of local transportation civil works, installation and
other services required under the contract. The Employer's
comparison will also include the costs resulting from
application of the evaluation procedures described in Sub-
Clause 39.4.
39.3 The Employer's evaluation of a bid will take into account, in
addition to the bid prices indicated in the Schedule of Prices,
the following costs and factors that will be added to each
Bidder's bid price in the evaluation using pricing information
available to the Employer, in the manner and to the extent
indicated in Sub-Clause 39.4 and in the Employer's
Requirements.
(a) compliance with the time schedule called for in the
Appendix to Price Proposal and evidenced as
needed in a milestone schedule provided in the bid;
(b) the projected operating costs during the initial period
of operation of the facilities;
(c) the functional guarantees of the facilities offered
against the specified performance criteria of the
plant and equipment; and
(d) the extra cost of work, services, facilities, etc.,
required to be provided by the Employer or third
parties.
(e) _________________________________________
_________________________________________
_________________________________________
39.4 Pursuant to Sub-Clause 39.3, the following evaluation
methods will be followed:
Instructions to Bidders 44
_________________________________________________________________________________________________
(a) Time Schedule: The plant and equipment covered
by this bidding are required to be shipped, installed
and the facilities completed within the period
specified in Sub-Clause 1.2 and the Appendix to
Technical Proposal.
Alternative A: To be used when alternative time
schedules are not permitted.
Bidders submitting bids which deviate from the time
schedule specified will be rejected.
Alternative B: To be used when alternative time
schedules are permitted.
No credit will be given to earlier completion.
However, Bids offering a completion date beyond
the earliest date specified shall be adjusted in the
8
evaluation by adding (indicate factor) to the bid
price. Bids offering a completion date beyond
9
(indicate latest date) shall be rejected.
(b) Operating costs: Since the operating costs of the
facilities being procured form a major part of the life
cycle cost of the facilities, these costs will be
evaluated and based on prices furnished by the
Bidder in Schedules of Prices: II and III as well as on
past experience of the Employer or other employers
similarly placed. Such costs shall be added to the
bid price for evaluation.
Alternative A: To be used when factors are specified in
this clause.
The operating cost factors for calculation are:
(i) number of years for initial period of
operation [It is recommended that the initial
period of operation not exceed the usual
period before a major overhaul of the
facilities. Usually between five to ten years.]
8
The rate maybe fixed amount per month, or prorata per week, of delay related to the loss of benefits to the Employer.
9
The accepted period between the minimum and maximum time for completion should be such that the percentage or
amount corresponding to the maximum period for completion should be less than or equal to the percentage or
amount of liquidated damages stated in the Appendix to Technical Proposal.
Instructions to Bidders 45
_________________________________________________________________________________________________
(ii) operating costs [e.g. fuel and/or other input,
unit cost, annual and total operational
requirements]
(iii) rate, in percent, to be used to discount to
present value all annual future costs
calculated under (ii) above for the period
specified in (i).
Alternative B: To be used when methodology of
calculation is specified elsewhere in the
bidding documents.
The methodology of calculation is specified
10
in _______________________________.
The price of recommended spare parts quoted in Schedules
of Prices: VI shall not be considered for evaluation.
(c) Functional Guarantee of the facilities:
(i) Bidders shall state the functional guarantees
(e.g. performance, efficiency, consumption)
of the proposed facilities in response to the
Employer's Requirements. Plant and
equipment offered shall have a minimum (or
a maximum, as the case may be) level of
functional guarantees specified in the
Employer's Requirements to be considered
responsive. Bids offering plant and
equipment with functional guarantees less
(or more) than the minimum (or maximum)
specified shall be rejected.
(ii) For the purposes of evaluation, an
11
adjustment of (indicate factor) will be
added to the bid price for each drop (or
excess) in the responsive functional
guarantees offered by the Bidder below (or
above) the value specified in the Employer's
Requirements.
(d) Work, services, facilities etc., to be provided by
the Employer: Where bids include the undertaking
10
Insert relevant Section and clause no.
11
Adjustment factor used for bid evaluation will be [amount in the currency of bid evaluation] for each one percent (1%)
-or prorate for less than one percent – [drop or excess] of the norm specified in the Employer's Requirements
[reference]
or
the value committed in the responsive bid with the most performing functional guarantees. [Delete the inapplicable
option.]
Instructions to Bidders 46
_________________________________________________________________________________________________
of work or the provision of services or facilities by
the Employer in excess of the provisions allowed for
in the bidding documents, the Employer shall assess
the costs of such additional work, services and/or
facilities during the duration of the contract. Such
costs shall be added to the bid price for evaluation;
and
(e) _________________________________________
_________________________________________
_________________________________________
39.5 (a) Any adjustment in price which results from the
above procedures shall be added, for purposes of
comparative evaluation only, to arrive at an
“Evaluated Bid Price.” Bid prices quoted by Bidders
shall remain unaltered.
(b) The Employer reserves the right to accept or reject
any variation or deviation. Variations, deviations,
and other factors which are in excess of the
requirements of the bidding documents or otherwise
result in the accrual of unsolicited benefits to the
Employer shall not be taken into account in bid
evaluation.
(c) The estimated effect of the price adjustment
provisions of the Conditions of Particular
Application, applied over the period of execution of
the Contract, shall not be taken into account in bid
evaluation.
(d) If the bid of the successful bidder is substantially
below the Employer’s estimate for the contract, the
Employer may require the bidder to produce detailed
price analyses to demonstrate the internal
consistency of those prices. After evaluation of the
price analysis, the Employer may require that the
amount of the performance security set forth in
Clause 45 be increased at the expense of the
successful bidder to a level sufficient to protect the
Employer against financial loss in the event of
default of the successful bidder under the Contract.
40. Margin Of 40.1 A. For international bidding:
Preference
Domestic preference as well as a margin of
preference for employment of local labour shall be
applicable at the Bid Evaluation, as indicated
hereunder;
40.2 B. For national bidding:
(i) a margin of preference shall be applicable to
domestic small and medium enterprises having an
Instructions to Bidders 47
_________________________________________________________________________________________________
annual turnover not exceeding Rs 50 million; and
(ii) a margin of preference for employment of local
labour shall be applicable to contractors (irrespective
of whether domestic or foreign).
40.3 Bidders from the Republic of Mauritius shall provide the
necessary evidence to prove that they meet the set criteria
to be eligible for the preference;
The following procedure shall be used to apply the margin of
preference:
(a) responsive bids shall be classified into the following
groups:
Group A: bids offered by domestic
enterprises and joint ventures meeting
the eligibility criteria for international
bidding or bids offered by eligible
domestic small and medium enterprises
for national bidding, and
Group B: all other bids.
(b) for the purpose of further evaluation and comparison
of bids only, all bids classified in Group B shall be
increased by the percentage of preference allocated
to those in group A.
Alternative A: Where the CIF cost of equipment
inclusive of duties and taxes to be used
on the permanent works is less than 60
per cent of the total value of works then
the contract can be classified as civil
works and preference will be granted to
eligible domestic contractors in
accordance with the following provisions:
40.4
1 For international Bidding:
1.1 A bidder meeting the following criteria shall be eligible for
a 10 % Domestic Preference:
(a) should be a Small and Medium Enterprise having an
annual turnover not exceeding Rs 50 million,
incorporated in the Republic of Mauritius and having
Mauritian citizens as majority shareholders; or
(b) in case of a joint venture, at least 50 % of the Works
value should be executed by Small and Medium
Enterprises individually eligible as per (a) above.
Instructions to Bidders 48
_________________________________________________________________________________________________
1.2 Furthermore, a bidder fulfilling the following conditions
shall be eligible for a margin of preference of 5 % for
employment of local labour on a project:
(a) in case of a local contractor: employment of at least
85 % local labour;
(b) in the case of a contractor other than a local
contractor: employment of 15 % or more local labour;
(c) in case a of joint venture, the local and other
contractors should individually satisfy the labour
components as per (a) and (b) above.
Note: (1) “Local Contractor” shall mean a contractor
incorporated in the Republic of Mauritius and having
Mauritian citizens as majority shareholders.
2. For National bidding
2.1 A bidder meeting the following criteria shall be eligible for
a 7.5 % Margin of Preference
(a) should be a Small and Medium Enterprise having an
annual turnover not exceeding Rs 50 million,
incorporated in the Republic of Mauritius and having
Mauritian citizens as majority shareholders; or
(b) in case of a joint venture, at least 50 % of the Works
value should be executed by Small and Medium
Enterprises individually eligible as per (a) above.
2.2 Furthermore, a bidder (individual contractor or a joint
venture) employing 85 % or more local labour on a
project shall be eligible for a margin of preference of 10 %
for employment of local labour.
40.5 Bidders applying for domestic preferences or small and
medium enterprises or for preference for employment of local
labour shall submit, as part of their bidding document details
of their registration as enterprises within Mauritius, their Joint
Venture Agreement with a foreign partner if applicable, a
signed undertaking by the parties in respect of the
percentage of sub contracting with foreign contractors, if
applicable, details of local labour composition and financial
statements for the last three years.
Instructions to Bidders 49
_________________________________________________________________________________________________
Alternative B: In large and complex packages for
Design-Build and Turnkey Contracts
where the CIF cost of equipment inclusive
of duties and taxes to be used in the
permanent works equals or exceeds 60
per cent of the total value of works, then
the preference cannot be granted to the
contractor but to domestically
manufactured equipment in accordance
with the following provisions:
40.4 A margin of preference shall be applied to domestically
manufactured equipment in accordance with the following
provisions:
(a) The preference margin shall not be applied to the
whole package but only to the domestically
manufactured equipment within the package.
(b) Equipment offered from abroad shall be quoted CIF
and equipment offered locally shall be offered EXW
(inclusive of duties and taxes).
(c) All other cost components, such as design, works
installation and supervision shall be quoted
separately.
(d) The margin of preference shall be 15 % to small and
medium enterprises for international bidding, where
the value of local inputs in respect of labour and/or
materials account for 30 % and above;
For national bidding, small and medium enterprises
having an annual turnover not exceeding Rs 50
million, shall receive a margin of preference of 10 %,
where the value of local inputs in respect of labour
and/or materials account for 30 % and above;
(e) Bidders eligible for Margin of Preference shall
submit, as part of their bidding document details of
their registration as enterprises within Mauritius,
financial statements for the last three years, a cost
structure of the goods in the format provided at
section 6.
(f) In the comparison of bids, only the CIF price in each
bid of the equipment offered from outside the
Employer's country shall be increased by the margin
of preference.
(g) No preference shall be applied for any associated
services or works included in the package.
Instructions to Bidders 50
_________________________________________________________________________________________________
(h) Bidders should not be permitted or required to
modify the mix of local and foreign equipment after
bid opening.
40.5 Bidders applying for Margin of Preference for small and
medium manufacturing enterprises should submit, as part of
their bidding document details of their registration as
enterprises within Mauritius, their Joint Venture Agreement
with a foreign partner if applicable, a signed undertaking by
the parties in respect of the percentage of sub-contracting
with foreign contractors, if applicable, financial statements for
the last three years and a cost structure of the goods in the
format provided at section 6.
J. Award of Contract
41. Award 41.1 Subject to Clause 42, the Employer will award the Contract to
the bidder whose bid has been determined to be substantially
responsive to the bidding documents and who has offered
the Lowest Evaluated Bid Price, provided that such bidder
has been determined to be (i) eligible in accordance with the
provisions of Clause 4; and (ii) qualified in accordance with
the provisions of Clause 6.
42. Employer’s Right 42.1 Notwithstanding Clause 41, the Employer reserves the right
to Accept any to accept or reject any bid, and to annul the bidding process
Bid and to Reject and reject all bids, at any time prior to award of Contract,
any or all Bids without thereby incurring any liability to the affected bidder or
bidders.
43. Notification of 43.1 Prior to the expiration of the period of validity, the Employer shall
Award notify the selected bidder of the proposed award and
accordingly notify unsuccessful bidders. Subject to Challenge
and Appeal the Employer shall notify the selected Bidder, in
writing, by a Letter of Acceptance for award of contract. The
Letter of Acceptance shall specify the sum that the Employer will
pay the Contractor in consideration of the execution and
completion of the Works (hereinafter and in the Conditions of
Contract and Contract Forms called "the Contract Price") and
the requirement for the Contractor to remedy any defects therein
as prescribed by the Contract. Within seven days from the issue
of Letter of Acceptance, the Employer shall publish on the Public
Procurement Portal (http://publicprocurement.gov.mu) and the
Employer's website, the results of the Bidding Process
identifying the bid and lot numbers and the following information:
(i) name of the successful Bidder, and the Price it
offered, as well as the duration and summary scope of the
contract awarded; and
(ii) an executive summary of the Bid Evaluation Report.
43.2 The notification of award will constitute the formation of the
Contract.
43.3 Upon the furnishing by the successful bidder of a
Instructions to Bidders 51
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performance security, the Employer will promptly notify the
other bidders that their bids have been unsuccessful
44. Signing of 44.1 At the same time that he notifies the successful bidder that its
Contract bid has been accepted, the Employer will send the bidder the
Agreement Form of Contract Agreement provided in the bidding
documents, incorporating all agreements between the
parties.
12
44.2 Within __________________ [insert number] days of
receipt of the Form of Agreement, the successful bidder shall
sign the Form and return it to the Employer.
13
45. Performance 45.1 Within _________________ [insert number] days of receipt
Security of the notification of award from the Employer, the
successful bidder shall furnish to the Employer a
performance security in an amount of ________ [insert
14
figure] percent of the Contract Price in accordance with the
Conditions of Contract. The form of performance security
provided in Section 6 of the bidding documents maybe used
or some other form acceptable to the Employer.
45.2 Failure of the successful bidder to comply with the
requirements of Clauses 44 or 45 shall constitute sufficient
grounds for the annulment of the award and forfeiture of the
bid security or execution of bid securing declaration
whichever is applicable.
12
Normaliy 28 days is sufficient.
13
Same period as allowed under Sub-Clause 44.2.
14
An amount of 10 percent of the Contract Price is commonly acceptable.
General Conditions of Contract 52
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Section 2 . Part I – General Conditions of Contract
General Conditions of Contract 53
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Section 2. Part I – General Conditions
Notes on the Conditions of Contract
The Conditions of Contract comprise two parts: Part I – General Conditions (Section 2 of
this document), and Part II – Conditions of Particular Application (Section 3 of this
document) as per FIDIC Design-Build and Turnkey First Edition 1995.
The standard text of the FIDIC General Conditions of contract should be retained intact to
facilitate its reading and interpretation by bidders. Any amendments and additions to the
General Conditions, specific to the contract in hand, should be introduced in the "Particular
Conditions of Contract". Sample Particular Conditions, applicable to the above FIDIC
Conditions of Contract as amended by ADB are included under Section 3, for ease of
bidding documents preparation. The Public Body should not consider these sample
Particular Conditions as exhaustive as it is its responsibility to amend these conditions to
best suit the particular project.
Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
Facsimile: 41 21 653 5432
Telephone: 41 21 653 5003
Conditions of Particular Application 54
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Section 3. Part II –Conditions of Particular Application
Sub-Clause 1.1 Amend subpara 1.1.1.3 of Sub-Clause 1.1 by adding the following
Definitions words at the end:
"The word ‘tender’ is synonymous with bid’."
Amend subpara 1.1.1.4 of Sub-Clause 1.1 by adding the following
words at the end:
"The words ‘Appendix to Tender’ are synonymous with the
words ‘Appendix to Technical Proposal’ and ‘Appendix to Price
15
Proposal’."
Sub-Clause 1.4 Replace the text of Sub-Clause 1.4 and add the following:
Law and
Language "The law of the Contract is the law of Mauritius.
The language is the English language."
Sub-Clause 1.5 Substitute the wordings in Part I with the following:
Contract
Agreement "A Contract Agreement in the form annexed, with such modifications
as may be necessary to record the agreement reached shall be
executed. The costs of stamp duties and similar charges imposed by
the law shall be borne by the Employer."
Sub-Clause 1.6 Replace the list of documents listed under (a) to (h) and add the
Priority of following:
Documents
"(a) the Contract Agreement;
(b) the Letter of Acceptance;
(c) the Employer’s Requirements;
(d) the Bid;
(e) the Conditions of Contract, Part II;
(f) the Conditions of Contract, Part I;
(g) the Schedules;
(h) the Drawings; and
(i) the Contractor’s Proposal."
Sub-Clause 1.15 Additional sub-clause:
Confidentiality
“The Contractor shall treat the details of the contract as private and
confidential, except to the extent necessary to carry out its
obligations under it. The Contractor shall not publish, permit to be
published or disclose any particulars of the Contract in any trade or
15
Include only where Option B, the Two-Envelope bidding procedure, has been incorporated as the Instructions to
Bidders.
Conditions of Particular Application 55
_________________________________________________________________________________________________
technical paper or elsewhere without the prior consent in writing of
the Employer.”
Sub-Clause 3.1 Add the following clause as required:
Employer
Representative’s “The Employer’s Representative shall obtain the specific approval of
16
Duties and the Employer before taking action under the following clauses of
Authority the Conditions of Contract Part I.
(a) approving sub-contracting of any part of the Works under
Sub-Clause 4.5.
(b) certifying additional cost to the Contract Price except if such
a certification would adjust the Contract Price by more than
17
[insert figure] percent.
(c) granting an extension of time for completion under Sub-
Clause 8.3.
(d) suspending progress of part or all of the Works under Sub-
Clause 8.8.
(e) issuing a variation under Clause 14, except if such a
variation would increase the Contract Price by no more
than [insert figure] percent.
(f) issuing Taking-Over Certificate for the whole of the Works
under Sub-Clause 10.1.
(g) issuing Performance Certificate for the Works under Sub-
Clause 12.9.
Notwithstanding the obligation to obtain approval as set out above, if
in the opinion of the Employer’s Representative, an emergency
occurs affecting the safety of life or of the Works or of adjoining
property, he may, without relieving the Contractor of any of its duties
and responsibilities under the Contract, instruct the Contractor to
execute all such work or to do all such things as may, in the opinion
of the Employer’s Representative be necessary to abate or reduce
the risk. The Contractor shall forthwith comply with the instructions
of the Employer’s Representative despite the absence of approval of
the Employer. The Employer’s Representative shall determine the
extra cost to the Contractor for carrying out such instruction and
obtain the Employer’s approval for an addition to the Contract Price.”
Sub-Clause 4.1 Add the following sentence to precede the existing text under Sub-
General Clause 4.1:
Obligations
"The Contractor is required to check the design criteria and
calculations (if any) included in the Employer’s Requirements, to
confirm their correctness, in its bid and to assume full responsibility
for them."
16
The list should be extended or reduced as necessary.
17
Usually 10 percent is an acceptable limit.
Conditions of Particular Application 56
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Sub-Clause 4.2 Replace the text of Sub-Clause 4.2 with the following:
Performance
Security "The Contractor shall provide security for its proper performance of
the Contract to the Employer within 28 days after the receipt of the
Letter of Acceptance. The performance security shall be in the form
of a bank guarantee, issued either (a) by a bank located in the
country of the Employer or a foreign bank through a correspondent
bank located in the country of the Employer, or (b) directly by a
foreign bank acceptable to the Employer. The performance security
shall be denominated in the types and proportions of currencies in
which the Contract Price is payable. When providing such security to
the Employer, the Contractor shall notify the Employer’s
Representative of so doing.
Without limitation to the provision of the preceding paragraph,
whenever the Employer’s Representative determines an addition to
the Contract Price as a result of a change in cost and/or legislation
or as a result of a variation amounting to more than 25 percent of
the portion of the Contract Price payable in a specific currency, the
Contractor at the written request of the Employer’s Representative
shall promptly increase the value of the performance security in that
currency by an equal percentage".
“The performance security of a joint venture shall be in the name of
the joint venture.”
“The cost of complying with the requirements of this clause shall be
borne by the Contractor”.
Sub-Clause 4.3 At the end of Sub-Clause 4.3 add:
Contractor’s
Representative "If the Contractor’s Representative is not fluent in English language,
the Contractor shall make a competent interpreter available during
all working hours."
Sub-Clause 4.4 Modify the first sentence of Sub-Clause 4.4 to read:
Co-ordination
of the Works "The Contractor shall be responsible for the co-ordination and
proper execution of the Works, including co-ordination with other
contractors and organizations to the extent specified in the
Employer’s Requirements."
Sub-Clause 4.9 Modify the last sentence of paragraph 1 of Sub-Clause 4.9 to read:
Site Data
"The Contractor shall be responsible for interpreting all data
including data listed elsewhere in the Contract as open for
inspection at ____________________ [insert particulars of the office
or offices where such data is stored]".
Sub-Clause 4.14 Delete the third sentence of Sub-Clause 4.14 indicated below:
Program
"Unless otherwise stated ……. and late finish dates".
Sub-Clause 4.25 "If the Contractor consists of a joint venture which is awarded the
Domestic contract through the application of the domestic preference, the
Conditions of Particular Application 57
_________________________________________________________________________________________________
Preference Contractor, (i) throughout the execution of the Contract, shall not
Security modify the work-sharing characteristics of the joint venture with
which it satisfied the criteria of eligibility for being awarded the
contract in application of the domestic preference; and (ii)
concurrently with the above performance security, shall provide
security ("the domestic preference security") to guarantee that such
characteristics of the joint venture will not be so modified. The
domestic performance security shall be in the form of an "on
demand" bank guarantee for an amount in a convertible currency
equivalent to the difference between the joint venture’s bid price and
the bid price of the lowest foreign bid. The domestic preference
security shall be issued by a bank located in the Republic of
Mauritius.
The domestic preference security shall be valid until the Contractor
has substantially completed the Works and a Taking-Over Certificate
has been issued by the Employer’s Representative in accordance
with the provisions of Clause 10.1 and such security shall be
returned to the Contractor together with the Taking-Over Certificate.
The cost of providing the security shall be borne by the Contractor.
Sub-Clause 5.2 In Sub-Clause 5.2 delete sub-paragraph (a) and substitute:
Construction
Documents "(a) Construction shall not commence until the Contractor receives
from the Employer’s Representative approval of the Construction
Documents relevant to the design and construction of such parts;
provided always that if the Employer’s Representative fails to give
his ruling at the end of 28 days, despite the Contractor’s written
reminder at the end of the 21 days "review period", then the
Contractor may proceed with the construction as though approval
had been given".
Sub-Clause 5.4 Add the following sentence to the end of the Sub-Clause 5.4:
Technical
Standards "In respect of technical specifications and standards, any national or
& Regulations international standards which promise to confer equal or better
quality than the standards specified will also be acceptable."
If the Works involve the use by the Contractor of a
design previously provided to the Employer by others
add the following additional Sub-clause 5.10.
Sub-Clause 5.10 "If any matter, for which the Contractor is not liable to indemnify the
Employer’s Employer under Sub-Clause 5.9, causes the infringements (or
Warranty for allegation of infringement) by the Contractor of any patent,
Patent Rights registered design, copyright, trademark or other intellectual property
right, the Employer shall indemnify the Contractor against all claims,
damages, charges and costs which the Contractor may incur.
The Contractor shall promptly notify the Employer of any claim under
this Sub-Clause. The Employer may at his own cost, conduct
negotiations for the settlement of such claims, and any litigation or
arbitration that may arise from it. The Contractor shall not make any
admission which might be prejudicial to the Employer, unless the
Conditions of Particular Application 58
_________________________________________________________________________________________________
Employer has failed to take over the conduct of the negotiations or
litigation within a reasonable time after having been so requested.
The Contractor shall, at the request and cost of the Employer, assist
him in contesting any such claim or action and shall be repaid all
reasonable cost incurred."
Sub-Clause 6.8 At the end of Sub-Clause 6.8 add:
Contractor’s
Superintendence "A reasonable proportion of the Contractor’s superintending staff
shall have a working knowledge of the English language, or the
Contractor shall have sufficient competent interpreters available on
site during all working hours."
Other Sub-Clauses may be added to take account of the
circumstances and locality of the site. A few examples,
to be numbered as appropriate, are provided hereunder:
Sub-Clause 6.__ "The Contractor may import such staff, and labourers as are
Foreign staff required in order to execute the Works. The Contractor must ensure
and Labour that all such staff and labour are provided with the required visas
and work permits. The Contractor shall be responsible for the return
to the place where they were recruited or to their domicile of all
persons whom the Contractor recruited and employed for the
purpose of or in connection with the Contract. The Contractor shall
be responsible for such persons as are to be returned until they shall
have left the Site or, in the case of foreign nationals who have been
recruited outside the Country, shall have left it."
Sub-Clause 6.__ "The Contractor shall at all times take the necessary precautions to
Measures against protect all staff and labour employed on the Site from insect and
Insect & Pest pest nuisance, and to reduce the dangers to health and the general
Nuisance nuisance occasioned by the same. The Contractor shall provide its
staff and labour with suitable prophylactics for the prevention of
malaria and take steps to prevent the formation of stagnant pools of
water. The Contractor shall comply with all the regulations of the
local health authorities and shall arrange to spray thoroughly with
approved insecticide all buildings erected on the Site. Such
treatment shall be carried out at least once a year or as instructed by
such authorities."
Sub-Clause 6.__ "In the event of any outbreak of illness of an epidemic nature, the
Epidemics Contractor shall comply with and carry out such regulations, orders
and requirements as may be made by the Government or the local
medical or sanitary authorities, for the purpose of dealing and
overcoming the same."
Sub-Clause 6.__ "The Contractor shall not, otherwise than in accordance with the
Alcoholic statutes, ordinances and government regulations or orders for the
Liquors or time being in force, import, sell, give, barter or otherwise dispose of
Drug any alcoholic liquor or drugs, or permit or suffer any such
importation, sale, gift, barter or disposal by his Subcontractors,
agents staff or labour."
Sub-Clause 6.__ "The contractor shall not give, barter or otherwise dispose of to any
Conditions of Particular Application 59
_________________________________________________________________________________________________
Arms and person or persons, any arms or ammunition of any kind or permit or
Ammunition suffer to the same as aforesaid."
Sub-Clause 6.__ "The Contractor shall in all dealings with his staff and labour have
Festivals and due regard to all recognized festivals, days of rest and religious or
Religious Customs other customs."
Include the following eligibility requirements.
Sub-Clause 7.7 (a) Any materials, equipment, services or design services
Restriction on which will be incorporated in or required for the Contract, as
Eligibility well as the Contractor’s Equipment and other supplies,
shall have their origin in eligible source countries.
(b) For the purpose of this clause, "services" means the works
and all project-related services including design services.
(c) For the purposes of this clause, "origin" means the place
where the materials and equipment were mined, grown,
produced, or manufactured, or from which the services are
provided.
(d) The origin of Goods and Services is distinct from the
nationality of the Supplier."
If a bonus for early completion is deemed desirable, add
the following Sub-Clause 8.12.
Sub-Clause 8.12 If the Contractor achieves completion of the Works, or Section (if
Bonus for early any) prior to the Time for Completion, the Employer shall pay to the
Completion Contractor the relevant sum stated in the Appendix to Tender as
bonus for early completion for every calendar day which shall elapse
between the date stated in the relevant Taking-Over Certificate and
the relevant time prescribed in Sub-Clause 8.2.
Sub-Clause 13.1 Amend sub-paragraphs (a) and (b) to read as follows:
The Contract
Price " (a) Payment for the Works shall be made on a lump sum basis.
(b) The Contract Price shall be adjusted for changes in the cost
of Labour, materials and other matters."
Delete "Sub-Clause 13.16" at the end of Sub-paragraph (c) and
replace with "Sub-Clauses 13.16 and 13.17."
Conditions of Particular Application 60
_________________________________________________________________________________________________
If Sub-Clause 13.1(a) is not to apply, the method of
determining the Contract Price should be defined in
additional Sub-Clauses, as envisaged in the last
sentence of Sub-Clause 13.1. If the requirements involve
measurements, the following working might be
appropriate for one of such additional Sub-Clauses.
Sub-Clause 13._ "The Employer’s Representative shall ascertain and determine by
Remeasurement measurement the value of those parts of the Works which are to be
remeasured in accordance with the Contract (note: the parts must
be defined, here or elsewhere). Such parts of the Works shall be
measured net, notwithstanding any general or local custom, except
where otherwise provided for in the Contract. The Employer’s
Representative shall, when he requires any such part of the Works
to be measured, give reasonable notice to the Contractor’s
Representative, who shall promptly:
(a) attend or send a qualified representative to assist the
Employer’s Representative in making such measurement,
and
(b) supply all particulars required by the Employer’s
Representative.
Should the Contractor not attend, or neglect or omit to send such
representative, then the measurement made by the Employer’s
Representative or approved by him shall be taken to be the correct
measurement of such part of the Works."
Sub-Clause 13.2 Modify the third sentence of this Sub-Clause to read:
Advance Payment
"The Employer’s Representative shall issue an Interim Payment
Certificate for the first installment after (i) execution of the Form of
Agreement by the parties hereto (ii) provision by the Contractor of
the Performance Security in accordance with Sub-Clause 4.2 and
(iii) provision by the Contractor of an unconditional bank guarantee
in a form and by a bank acceptable to the Employer in amounts and
currencies equal to the advance payment."
Sub-Clause 13.3 Amend the text of items (a) and (b) to read:
Interim Payment
Certificate " (a) the estimated contract value, at base rates and prices, of
the Construction Documents produced and the Works
(including variations) executed up the end of the month.
(b) any amount to be added and deducted for changes in cost
and legislation in accordance with Sub-Clauses 13.16 and
13.17."
Conditions of Particular Application 61
_________________________________________________________________________________________________
If the interim payments are not based on a Schedule of
Payments an alternative method of interim Valuation
may be adopted as described in the following sub-
clause which will be used to replace the original sub-
clause 13.4.
Sub-Clause 13.4 "Prior to commencing construction of the Permanent Works, the
Interim Contractor shall submit a bill of principal quantities of the Permanent
Valuation Works (referred to in this Sub-Clause as "the BPQPW") together
with such supporting information and calculations as the Employer’s
Representative may reasonably require. The BPQPW shall include
the anticipated final quantities of the principal items of Permanent
Works, which shall have been priced using all-in rates such that the
total amount equals the Contract Price. The BPQPW shall not
contain priced items for design or for Temporary Works; the value of
each element of such work, and of any other work elements not
described in the BPQPW, shall each be included in the rates for
Permanent Works to be constructed after such element is carried
out. The BPQPW shall be subject to the approval of the Employer’s
Representative which may at any time be withdrawn, and shall be
without prejudice to the final amount due under the Contract. The
BPQPW shall be revised and reissued if it appears at any time
before Taking-Over that it will not fully represent the Permanent
Works when complete.
During the Time for Completion, the contract value for the purpose
of sub-paragraph (a) of Sub-Clause 13.3 shall not exceed the
amount calculated from the current BPQPW, based on the quantities
of Permanent Works which have been constructed in accordance
with the Contract. The Contractor’s interim statement shall be in the
same form as that of the current BPQPW and shall be accompanied
by the Contractor’s signed statement that the current BPQPW
attached hereto (including anticipated final quantities) and the as-
constructed quantities are all correct: each such statement shall also
be accompanied by a Construction Certificate, signed by the
Contractor’s Representative, certifying that the part of the Works
constructed to date complies with the Contract. However, the
Contractor may propose such lesser amount as seems reasonable,
supported with appropriate calculations on a similar basis to the
procedure described in this Sub-Clause."
Sub-Clause 13.5 Item (a) (v) is amended to read as follows:
Plant and
Materials for "(v) the Plant and Materials and the currencies of payment therefore
Permanent are those shown in the Appendix to Bid."
Works
If payment for Plants and Materials for the Permanent
Works is to be made prior to their arrival at site a new
sub-clause as shown below may be used in place of the
original Sub-Clause 13.5.
"Interim Payment Certificates shall include (i) an additional amount
Conditions of Particular Application 62
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for Plant and Materials which have been shipped to the Site for
incorporation in the Permanent Works, and (ii) a deduction when
payment is due under Sub-Clause 13.5. The Employer’s
Representative shall determine each addition and deduction in
accordance with the following provisions:
(a) no addition shall be included in the Interim Payment
Certificate unless, in the opinion of the Employer’s
Representative,
(i) Plant and Materials have been shipped to the
Country, en route to the Site, in accordance with
the Contract;
(ii) the contractor has submitted a clean shipped bill of
lading or other evidence of shipment, evidence of
payment of freight and insurance, and other
documents as the Employer’s Representative may
reasonably require, together with an unconditional
bank guarantee in a form and by a bank acceptable
to the Employer in amounts and currencies equal to
the amount due under sub-paragraph (b) of this
Sub-Clause: such guarantee shall be valid until the
Plant and Materials are properly stored on Site and
protected against loss, damage or deterioration;
(iii) the Contractor’s records of the requirements,
orders receipts and use of Plant and Materials are
kept in a form approved by the Employer’s
Representative, and such records are available for
inspection by the Employer’s Representative;
(iv) the Contractor has submitted a statement of the
cost of acquiring and shipping the Plant and
Materials to the port (or other place) of entry into
the country, together with such documents as may
be required for the purpose of evidencing such
cost; and
(v) the Plant and Materials are those listed for this
Sub-Clause in the Appendix to Bid;
(b) the additional amount to be certified shall be the equivalent
of seventy percent of the cost of the Plant and Materials
delivered to the port (or other place) of entry into the
Country, as determined by the Employer’s Representative
after review of the documents mentioned in sub-paragraph
(a) above, taking account of the contract value of such
Plant and Materials as determined and considered
appropriate by the Employer’s Representative;
(c) the amount of the deduction for any Plant and Materials for
which payment is due under Sub-Clause 13.5 shall be
equivalent to the addition previously certified by the
Employer’s Representative for such Plant and Materials
under sub-paragraph (b) above;
Conditions of Particular Application 63
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(d) the currencies for such additions and deductions shall be
determined by the Employer’s Representative for such
Plant and Materials under sub-paragraph (b) above; and
(e) the currencies for such additions and deductions shall be
determined by the Employer’s Representative as described
in Sub-Clause 13.5."
Sub-Clause 13.9 Add the following para. to Sub-Clause 13.9:
Payment of
Retention "At the request on the Contractor, the second half of the Retention
Money Money may also be released at the issue of the Taking-Over
Certificate provided a bank guarantee is provided by the Contractor
for an amount equal to half the Retention Money for the period from
the issue of the Taking-Over Certificate to the expiry of the Contract
Period."
Sub-Clause 13.15 Delete Clause 13.15 and add the following:
Calculation of
Payments in "The Contractor shall be paid in the currencies stated in the
Foreign Currency Appendix to Bid.
The foreign and local currency portions of the balance of the
Contract Price shall be amended by agreement between the
Employer and the Contractor to reflect any substantial changes in
the expected foreign and local currency requirements of the
Contractor during the execution of the Works, provided that:
(a) the Contractor shall inform the Employer and the
Employer’s Representative whenever any such substantial
change may occur; or
(b) the Employer’s Representative may recommend a review of
such expected requirements if in its judgment there is
evidence of a change in the country of origin of equipment,
materials, plants, or services to be provided under the
Contract which should result in any substantial change of
such expected requirements.
Any such amendment shall be affected by comparing the amounts
quoted in the bid with the amounts already used in the Works and
the Contractor’s future needs for imported items."
When price adjustment provisions are to be included
add the following Sub-Clause 13.17.
Sub-Clause 13.17 "The amount payable to the Contractor and valued at base prices in
Adjustment for accordance with the payment Schedule shall be adjusted for rises or
Changes in Cost falls in the cost of Labour, Contractor's Equipment, Plant, Materials
and other inputs to the Works, by the addition or deduction of the
amounts determined by the formulae prescribed in this Sub-Clause.
To the extent that full compensation for any rise or fall in costs to the
Contractor is not covered by the provisions of this or other clauses in
Conditions of Particular Application 64
_________________________________________________________________________________________________
the Contract, the Contract Price shall be determined to include
amounts to cover the contingency of such other rise or fall in costs.
The amount to be added to or deducted from the Interim Payment
Certificates for changes in cost and legislation shall be determined
from formulae for each of the currencies in which the Contract Price
is payable and for each of the sections of work priced in the said
Schedule. The formulae will be of the following general type:
Pn = a + b Ln + c Mn + d En + etc
Lo Mo Eo
where:
"Pn" is the adjustment factor to be applied to the estimated value of
the work carried out in month "n".
"a" is a fixed coeffficient, specified in the Appendix to Tender,
representing the non-adjustment portion in contractual payments;
"b", "c", "d", etc are coefficients representing the estimated
proportion of each cost element (labour, materials, etc) in the Works,
as specified in the Appendix to Bid;
"Ln", "Mn", "En", etc are the current cost indices or reference prices
for the month "n", determined in the relevant currency of payment,
applicable to each cost element on the date 49 days prior to the last
day of period to which the particular Interim Payment Certificate is
related; and
"Lo", "Mo", "Eo", are base cost indices or reference prices
corresponding to the above cost elements, in the relevant currency
of payment, on the Base Date.
The cost indices or reference prices specified in the Appendix to
Tender shall be used. In cases where the Currency of Index is not
the relevant currency of payment, the index shall be converted into
the relevant currency of payment at the selling rate established by
the Central Bank of the Country. If at any time a current index (for
the date 49 days prior to the last day of the period to which the
particular Interim Payment Certificate is related) is unavailable, a
provisional index as determined by the Employer’s representative
shall be used, subject to subsequent correction of the amounts
certified when the current index is available.
If the Contractor fails to complete the Works within the Time for
Completion, adjustments of prices thereafter shall be made using
either each index or price applicable on the date 49 days prior to the
expiry of the Time for Completion, or the current index or price,
whichever is more favourable to the Employer; provided that, if an
extension of time is granted in accordance with Sub-Clause 8.3, the
above provision shall apply to the extended time for completion.
The weightings (coefficients) for each of the factors of cost given in
the Appendix to Bid shall only be adjusted if they have been
rendered unreasonable, unbalanced or inapplicable, as a result of
Conditions of Particular Application 65
_________________________________________________________________________________________________
Variations."
In order to clarify the taxation responsibilities of the
Contractor include the following Sub-Clause 13.18.
Sub-Clause 13.18 "(i) The prices bid by the Contractor shall include all taxes,
Taxation duties and other changes imposed outside the Employer’s
country on the production, manufacture, sale and transport
of the Contractor’s equipment, Plant, materials and supplies
to be used on or furnished under the Contract, and on the
services performance under the Contract.
(ii) The prices bid by the Contractor shall include all customs
duties, import duties, business taxes, income and other
taxes that may be levied in accordance to the laws and
regulations in being as of the date 28 days prior to the
closing date for submission of bids in the Employer’s
country on the Contractor’s Equipment, Plant, materials and
supplies (permanent, temporary and consumable) acquired
for the purpose of the Contract and on the services
performed under the Contract. Nothing in the Contract shall
relieve the Contractor from its responsibility to pay any tax
that may be levied in the Employer’s country on profits
made by it in respect of the Contract."
Sub-Clause 15.5 Delete the existing Sub-Clause 15.5 and substitute the following:
Corrupt or
Fraudulent “If in the judgment of the Employer, the Contractor has engaged in
Practices corrupt or fraudulent practices, in competing for or in executing the
Contract, the Employer may, after having given 14 days notice to
the Contractor, terminate the Contractor’s employment under the
Contract and expel the Contractor from the Site, and the provisions
of Clause 15 shall apply as if such expulsion had been made under
Sub-Clause 15.2.”
Sub-Clause 17.3 This sub-clause is amended to read as follows:
Employer’s
Risks "The Employer’s risks are:
(a) insofar as they directly affect the execution of the Works in
the country where the Permanent Works are to be
executed:
(i) war and hostilities (whether war be declared or
not), invasion, act of foreign enemies;
(ii) rebellion, revolution, insurrection, or military or
usurped power, or civil war;
(iii) ionizing radiations, or contamination by radioactivity
from any nuclear fuel, or from any nuclear waste
from the combustion of nuclear fuel, radioactive
toxic explosive or hazardous properties of any
Conditions of Particular Application 66
_________________________________________________________________________________________________
explosive nuclear assembly or nuclear component
thereof;
(iv) pressure waves caused by aircraft or other aerial
devised travelling at sonic or supersonic speeds;
(v) riot, commotion or disorder, unless solely restricted
to the employees of the Contractor or of its
Subcontractors and arising from the conduct of the
Works;
(b) loss or damage due to the use or occupation by the
Employer of any Section or part of the Permanent Works,
except as may be provided for in the Contract;
(c) any operation of the forces of nature (insofar as it occurs on
the Site) which an experienced contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which
he could not reasonably have taken appropriate
measures to prevent loss or damage to physical
property occurring."
If the Contractor is to occupy the Employer’s facilities
temporarily add the following Sub-Clause 17.7.
Sub-Clause 17.7 "The Contractor occupying the Employer’s facilities temporarily for
Occupation and the purpose of the Contract shall take full responsibility, from the
Care of dates of use or occupation to the dates of hand-over or cessation of
Employer’s occupation, of the items detailed below:
Facilities
(insert details)
If any loss or damage happens to any of the above items while the
Contractor is responsible for their care, arising from any cause
whatsoever other than the Employer’s Risks listed in Sub-clause
17.3, the Contractor shall at its own cost, rectify such loss or
damage to the satisfaction of the Employer’s representative."
Sub-Clause 18.2 (i) Amend the second sentence of the first and second paragraphs
Insurance for to read:
Works and
Contractor’s "This insurance shall cover loss or damage from any cause
Equipment other than the Employer’s risks listed in amended Sub-Clause
17.3 paras. (a)(i) to (iv) in Part II of the Conditions of Contracts".
(ii) Amend the fourth sentence of the first paragraph to read:
"Such insurance shall cover the Employer and the Contractor
from the first working day after the Commencement Date until
the date of issue of the Taking-Over Certificate for the Works."
Conditions of Particular Application 67
_________________________________________________________________________________________________
In certain circumstances, the Employer may decide not
to insist on insurance for design under Sub-Clause 18.1
and/or to arrange insurance in respect of the Works and
Third Party liability itself. In such a case, Sub-Clause
18.2, 18.3 and 18.5 shall be modified as shown below.
Sub-Clause 18.2 Delete the original text of Sub-Clause 18.2 and substitute:
Works Insurance
by the Employer "The Employer shall insure the Construction Documents, Plant,
Materials and Works in the joint names of the Employer, the
Contractor and the Subcontractors, against all loss or damage
arising from any insurable cause other than the Employer’s Risks
listed in the amended Sub-Clause 17.3 paras (a)(i) to (iv) in Part II of
the Conditions of Contract. Such insurance shall be for a limit of not
less than the full replacement cost (including profit) and shall also
cover the costs of demolition and removal of debris. Such insurance
shall be in such a manner that the Employer and the Contractor are
covered from the first working day after the Commencement Date
until the date of issue of the Taking-Over Certificate for the Works.
The Employer shall extend such insurance to provide cover until the
date of issue of the Performance Certificate, for loss or damage for
which the Contractor is liable arising from a cause occurring prior to
the issue of the Taking-Over Certificate and for loss or damage
occasioned by the Contractor or Subcontractors in the course of any
other operation (including those under Clauses 11 and 12).
The Contractor shall insure the Contractor’s Equipment in the joint
names of the Employer, the Contractor and Subcontractors, against
all loss or damage arising from any insurable cause other than the
Employer’s risk listed in the amended Sub-Clause 17.3 paras. (a)(i)
to (iv) in Part II of the Conditions of Contract. Such insurance shall
be for a limit of not less than the full replacement value (including
delivery to Site). Such insurance shall be in such a manner that
each item of equipment is insured while it is being transported to the
Site and throughout the period it is on or near the Site."
Sub-Clause 18.3 Delete the original text of Sub-Clause 18.3 and substitute:
Third party
Insurance by "The Employer shall insure against liability to third parties, in the
Employer joint names of the Employer, the Contractor and Subcontractors, for
any, loss, damage, death or bodily injury which may occur to any
physical property (except things insured under Sub-Clause 18.2) or
to any person (except persons insured under Sub-Clause 18.4),
which may arise out of the performance of the Contract and
occurring before the issue of the Performance Certificate".
Sub-Clause 18.5 Delete the original text of Sub-Clause 18.5 and substitute:
General
Requirements "Each insurance policy shall be consistent with the general terms
for Insurance agreed in writing prior to the Effective Date, and such agreement
shall take precedence over the provisions of this Clause.
Conditions of Particular Application 68
_________________________________________________________________________________________________
The Contractor shall, within the period stated in the Appendix to Bid
or the Appendix to Technical Proposal in the case of two-envelope
bidding procedure (calculated from the Commencement Date),
submit to the Employer appropriate evidence that the insurances for
which the Contractor is responsible have been effected. When each
premium has been paid, the Contractor shall submit copy of receipts
to the Employer. The Contractor shall effect all insurances for which
the Contractor is responsible with insurers and in terms approved by
the Employer. Each policy insuring against loss or damaged shall
provide for payments to be made in the currencies required to rectify
such loss or damage. Payments received from insurers shall be
used for the rectification of the loss or damage. The Contractor (and,
if appropriate, the Employer) shall comply with the conditions
stipulated in each of the insurance policies.
The Employer shall, within 14 days, after receiving the performance
security described in Sub-Clause 4.2, submit to the Contractor
evidence that the insurances for which the Employer is responsible
have been effected, and copies for the relevant policies of
insurance. When each premium has been paid, the Employer shall
submit copy of receipts to the Contractor.
The Employer shall effect all insurances for which the Employer is
responsible with insurers, and in the terms, approved solely by the
Employer. All such insurances shall be in accordance with the
details of insurance annexed unless otherwise agreed with the
Contractor. The Contractor shall be deemed to have fully
understood such details, and to have satisfied itself before
submitting its Tender as to the extent of the cover provided under
such insurances (taking account of the conditions, limits, exceptions
and deductibles) and as to the correctness and sufficiency of the
Contract Price, which shall be deemed to include the cost of any
further insurances which the Contractor wishes to effect. The
Contractor and Subcontractors shall accept the insurances effected
by the Employer, as if they had effected such insurance; they and
the Employer shall comply with the terms and conditions stipulated
in each such policy. Payment received under a policy insuring
against loss or damage shall be used for the rectification of the loss
or damage.
Each party shall make no material alteration to the terms of any
insurance for which it is responsible, without the prior agreement of
the other party. If an insurer makes (or purports to make) any such
alteration, the party notified by such insurer shall notify the other
party immediately.
If either party fails to effect and keep in force any of the insurances
which it is required to effect under the Contract, or fails to provide
satisfactory evidence, policies and receipts in accordance with this
Sub-Clause, the other party may without prejudice to any other right
or remedy, effect insurance for the coverage relevant to such
default, and pay the premiums due. Such payment shall be
recoverable from the party responsible for effecting such insurance.
Nothing in this Clause limits the obligations, liabilities or
responsibilities of the Contractor or the Employer, under the other
Conditions of Particular Application 69
_________________________________________________________________________________________________
terms of the Contract or otherwise. Any amounts not insured or not
recovered from the insurers (including the cost of preparing
insurance claims) shall be borne by the Contractor and/or the
Employer accordingly."
Employer’s Requirements 70
_________________________________________________________________________________________________
Section 4. Employer’s Requirements
Employer’s Requirements 71
_________________________________________________________________________________________________
Section 4. Employer’s Requirements
Notes on Preparing Employer’s Requirements
These Notes for preparing Employer’s Requirements are intended as a guide for
the Employer or the person drafting the bidding documents and should not be
included in the final document.
In the traditional approach the Employer employs an Architect/Engineer to
design the Works. From this design, a detailed technical specification is drawn up
for bidders to bid on.
In a Design-Build or Turnkey approach, the design is to be done by the
Contractor. No detailed technical specification as is normally recognized is
developed at the pre-bid stage. However, the Employer does and must know what it
wants and must communicate its needs to the bidders. Hence, this section on
Employer’s Requirements replaces the usual Technical Specifications of a more
traditional approach.
To enable bidders to submit responsive bids and, subsequently, for the bids
received to be evaluated in a fair and equitable manner, the Employer must state its
requirements as clearly and as precisely as possible. The Employer’s requirements
must therefore, specify exactly the particular requirements of the completed Works
including scope and quality. Where the performance of the completed Works could
be measured in quantitative terms (e.g. production output of a manufacturing plant
or maximum generating capacity of a power station) the Employer’s Requirements
should not only clearly specify the desired output/capacity but also the upper and
lower acceptable limits of deviation from the desired capacity and how such
deviations (if any) will be evaluated. It will also be necessary to specify the tests that
will be carried out on completion of the Works to verify compliance with the
requirements specified. The Employer’s Requirements should also clearly specify
what associated or incidental services and goods must be supplied by the
Contractor. For example, the Contractor may be required to train the Employer’s
personnel and to supply consumable or spare parts as listed in a Schedule.
While this section of the bidding documents should endeavour to define the
Employer’s Requirements as precisely as possible care must be taken to avoid over
specifying details to the extent that the flexibility and potential benefits associated
with a Design-Build or Turnkey contract are seriously eroded or threatened. This
section on Employer’s Requirements should, therefore, be carefully prepared on
behalf of the Employer by suitably-qualified professionals who are familiar with the
requirements and with the technical aspect of the required Works.
For major and complex projects, the Design-Build or Turnkey Contract will have
to be subject to international competitive bidding and the Employer’s Requirements
must be drawn up to permit the widest possible competition and, at the same time,
present a clear statement of the required standards of workmanship, materials and
performance of the Works. Only if this is done will the objectives of economy and
efficiency and equality in procurement be realized, responsiveness of bids be
ensured and the subsequent task of bid evaluation facilitated. The Employer’s
Requirements should stipulate that all goods and materials to be incorporated in the
Works are new, unused, of the most recent or current models and incorporate all
recent improvements in design and materials.
Employer’s Requirements 72
_________________________________________________________________________________________________
Notes on Preparing Employer’s Requirements (continued)
As for the drafting of Technical Specifications, care must be taken when drafting
the Employer’s Requirements to ensure that the requirements are not restrictive. In
the specification of standards of goods, materials and workmanship recognized
international standards should be used as much as possible. Where other particular
standards are specified, whether national standards or other standards, it should be
stated that goods, materials and workmanship meeting other authoritative standards
and which promise to ensure equal or higher quality than the standards specified,
will also be acceptable. Where a brand name of a product is specified it should
always be qualified with the terms or “equivalent”.
In addition to stating the requirements of the completed Works clearly, the
Employer Requirements Section should also include matters related to the execution
of the Works to enable the bidders to gauge the extent of responsibility and to price
the bid accordingly. The matters referred to in some of the following Sub-Clause
( FIDIC Part I) may be included:
1.9 Number of copies (and required extent) of Construction Documents.
4.1 Design criteria and calculations (if any) to be checked by the Contractor
and confirmed to be correct with the bid.
4.4 Other contractors and organization (and others) on site to whom the
Contractor should afford reasonable opportunities for them to carry out
their work.
4.7 Setting-out points, lines and levels of reference to be used.
4.8 Quality Assurance system details.
4.12 Access routes particularly if such routes are within existing facilities.
4.13 Periods for preconstruction reviews and for any submission, approvals
and consents.
4.20 Employer’s machinery and materials.
5.1 Qualification criteria of design personnel.
5.2 Extend and procedures for submission and preconstruction reviews of
Construction documents.
5.5 List of samples and procedure for submission for preconstruction testing
and review of data.
5.6 Form and number of As-built drawings and records of the works to be
submitted and approval process.
5.7 Timing and number of copies of Operation and Maintenance Manuals to
be submitted and approval process.
Employer’s Requirements 73
_________________________________________________________________________________________________
Notes on Preparing Employer’s Requirements (continued)
6.6 Facilities to be provided on site by the Contractor for the Employer and
the Employer’s Representative and its personnel.
7.4 Tests to be carried out during manufacture and/or construction.
9.1 Tests to be carried out in Completion before Taking-Over to demonstrate
completion. If the works are to be tested and taken over in stages, the
test requirements and special arrangements must be detailed.
11.1 Test to be carried out after Taking-Over to verify that the Works fulfill the
performance requirements.
11.4 Minimum performance criteria acceptable below which works failing to
pass tests after completion will be rejected.
Forms of Proposal and Appendices 74
_________________________________________________________________________________________________
Section 5. Forms of Proposal and Appendices
Forms of Proposal and Appendices 75
_________________________________________________________________________________________________
Section 5. Forms of Proposal and Appendices
Notes on Preparing Forms of Proposals and Appendices
The Bidder shall complete and submit the Form of Technical Proposal, Appendix to
Technical Proposal, Form of Price Proposal and Appendix to Price Proposal, all in
accordance with the bidding documents.
Forms of Proposal and Appendices 76
_________________________________________________________________________________________________
1.1 Bid Form—Two Stage Bidding, First Stage Bid
Technical Proposal
Date:
o
IFB N :
[Name of Contract]
To: [Name and address of Employer]
Ladies and/or Gentlemen,
Having examined the bidding documents, including Addendum Nos. [insert numbers], the receipt
of which is hereby acknowledged, we, the undersigned, offer to design, manufacture, test, deliver,
install and pre-commission the Facilities under the above-named Contract in full conformity with
the said bidding documents.
We further undertake, if invited to do so by you, and at our own cost, to attend a clarification
meeting at a place of your choice, for the purpose of reviewing our First Stage Bid and duly noting
all amendments and additions thereto, and noting omissions therefrom that you may require.
We further undertake, upon receiving your written invitation, to proceed with the preparation of
our Second Stage Bid, updating our First Stage Bid in accordance with the requirements from the
Memorandum of the clarification meeting, and completing our commercial bid for performing the
Facilities in accordance with our updated technical bid.
We accept the appointment of [name proposed in Bid Data Sheet] as the Adjudicator.
or
We do not accept the appointment of [name proposed in Bid Data Sheet] as the Adjudicator, and
we propose instead that [name] be appointed as Adjudicator, whose hourly fees and resumé are
attached.
We agree to abide by this First Stage Bid, which consists of this letter and Attachments 1 through
[number] hereto, for a period of [number] days from the date fixed for submission of bids as
stipulated in the bidding documents, and together with the above written undertakings, it shall
remain binding on us, provided that we are invited to attend a clarification meeting with you
before the expiration of that period.
Dated this day of , 20
[signature]
In the capacity of
[position]
Duly authorized to sign this bid for and on behalf of
[name of Bidder]
Attachments: [In accordance with ITB Sub-Clause 13.2.3,the Appendix to the Technical plus any
additional attachment either specified by the Employer or included by the Bidder.]
Forms of Proposal and Appendices 77
_________________________________________________________________________________________________
Appendix to Technical Proposal
[Note: with the exception of the items for which the Employer's requirements have been inserted,
the following information must be completed before the Bid is submitted]
Sub-Clause
Employer’s name and address 1.1.2.1 (Insert before issue of document)
_______________________________ & 1.8 ________________________________
Contractor’s name and address _____ 1.1.2.2 ________________________________
_______________________________ & 1.8 ________________________________
Name and address of the Employer’s 1.1.2.2 ________________________________
Representative __________________ & 1.8 ________________________________
_______________________________
_______________________________
Time for notice to commence _______ 8.1 ___________________________ days
Time for Completion of the Works 1.1.3.4 ___________________________ days
Electronic transmission systems _____ 1.8 ________________________________
Confidential details _______________ 1.12 (List applicable confidential details)
Time for access to the Site _________ 2.2 __________ days after the Commence-
ment Date
Amount of performance security 4.2 Ten (10%) of the Contract Price and in
the proportions of currencies which the
Contract Price is payable
Time for submission of programme 4.14 _____ days after the Effective Date
Normal working hours _____________ 6.5 ________________________________
Liquidated damages for the Works 8.6 _____ % of the Contract Price per day,
in the proportions of currencies in which
the Contract Price is payable
Limit of liquidated damages for delay 8.6 Ten (10) % of the Contract Price
If Clause 11 applies
Liquidated damages for failing
Tests after Completion 11.4
Forms of Proposal and Appendices 78
_________________________________________________________________________________________________
(details of test failure) ___________ ________________________________
(details of test failure) ___________ ________________________________
Amount of insurance for design 18.1 ________________________________
Amount of third party insurance 18.3
Periods for submission of insurance: 18.5
(a) evidence of insurance ___ Not later than commencement date.
(b) relevant policies ________ Fourteen (14) days after commence-
ment date.
Number of members of Dispute 20.3 Three (3) ________________________
Adjudication Board
Member of Dispute Adjudication Board 20.3
(if not agreed) to be nominated by ___
_______________________________
Arbitration rules __________________ 20.6 International Chamber of Commerce
Number of Arbitrators _____________ 20.6 Three (3) ________________________
Language of arbitration ____________ 20.6 English _________________________
Place of arbitration _______________ 20.6 ________________________________
________________________________
Initials of signatory of Bid _____________________________________
Forms of Proposal and Appendices 79
_________________________________________________________________________________________________
1.2 Bid Form—Two Stage Bidding, Second Stage Bid
Technical Proposal
Date:
o
IFB N :
[Name of Contract]
To: [Name and address of Employer]
Ladies and/or Gentlemen,
Having examined the bidding documents, including Addendum Nos. [insert numbers], and your
requirements incorporated in the Memorandum of the clarification meeting held between us on
[date], we, the undersigned, offer to design, manufacture, test, deliver, install, precommission and
commission the Facilities under the above-named Contract in full conformity with the said bidding
documents and the said Memorandum for the sum of: [amount of foreign currency in words],
[amount in figures], and [amount of local currency in words], [amount in figures] or other such
sums as may be determined in accordance with the terms and conditions of the Contract. The
above amounts are in accordance with the Price Schedules herewith and are made part of this
bid.
We undertake, if our bid is accepted, to commence the Facilities, and to achieve Completion
within the respective times stated in the bidding documents.
If our bid is accepted, we undertake to provide an advance payment security and a performance
security in the form, in the amounts, and within the times specified in the bidding documents.
We confirm our agreement with the appointment of [name proposed in Bid Data Sheet or during
the clarification meeting of the First Stage Bid] as the Adjudicator.
We agree to abide by this bid, which consists of this letter and Attachments 1 through [number]
hereto, for a period of [number] days from the date fixed for submission of the Second Stage bids
as stipulated in the letter of invitation to submit a Second Stage Bid, and it shall remain binding on
us and may be accepted by you at any time before the expiration of that period.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to
contract execution if we are awarded the contract, are listed below
Name and Address Amount and Purpose of
of Agent Currency Commission or
Gratuity
(if none, state “none”).
Forms of Proposal and Appendices 80
_________________________________________________________________________________________________
Until a formal contract is prepared and executed between us, this bid, together with your written acceptance
thereof and your notification of award, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
Dated this day of , 20
[signature]
In the capacity of
[position]
Duly authorized to sign this bid for and on behalf of
[name of Bidder]
Attachments: [In accordance with ITB Sub-Clause 14.21, Appendix to Technical Form plus any additional
attachment either specified by the Employer or included by the Bidder..]
Forms of Proposal and Appendices 81
_________________________________________________________________________________________________
Appendix to Technical Proposal
[Note: with the exception of the items for which the Employer's requirements have been inserted,
the following information must be completed before the Bid is submitted]
Sub-Clause
Employer’s name and address 1.1.2.1 (Insert before issue of document)
_______________________________ & 1.8 ________________________________
Contractor’s name and address _____ 1.1.2.2 ________________________________
_______________________________ & 1.8 ________________________________
Name and address of the Employer’s 1.1.2.2 ________________________________
Representative __________________ & 1.8 ________________________________
_______________________________
_______________________________
Time for notice to commence _______ 8.1 ___________________________ days
Time for Completion of the Works 1.1.3.4 ___________________________ days
Electronic transmission systems _____ 1.8 ________________________________
Confidential details _______________ 1.12 (List applicable confidential details)
Time for access to the Site _________ 2.2 __________ days after the Commence-
ment Date
Amount of performance security 4.2 Ten (10%) of the Contract Price and in
the proportions of currencies which the
Contract Price is payable
Time for submission of programme 4.14 _____ days after the Effective Date
Normal working hours _____________ 6.5 ________________________________
Liquidated damages for the Works 8.6 _____ % of the Contract Price per day,
in the proportions of currencies in which
the Contract Price is payable
Limit of liquidated damages for delay 8.6 Ten (10) % of the Contract Price
If Clause 11 applies
Liquidated damages for failing
Tests after Completion 11.4
(details of test failure) ___________ ________________________________
Forms of Proposal and Appendices 82
_________________________________________________________________________________________________
(details of test failure) ___________ ________________________________
Amount of insurance for design 18.1 ________________________________
Amount of third party insurance 18.3
Periods for submission of insurance: 18.5
(a) evidence of insurance ___ Not later than commencement date.
(b) relevant policies ________ Fourteen (14) days after commence-
ment date.
Number of members of Dispute 20.3 Three (3) ________________________
Adjudication Board
Member of Dispute Adjudication Board 20.3
(if not agreed) to be nominated by ___
_______________________________
Arbitration rules __________________ 20.6 International Chamber of Commerce
Number of Arbitrators _____________ 20.6 Three (3) ________________________
Language of arbitration ____________ 20.6 English _________________________
Place of arbitration _______________ 20.6 ________________________________
________________________________
Initials of signatory of Bid _____________________________________
Forms of Proposal and Appendices 83
_________________________________________________________________________________________________
Form of Price Proposal
Name of Contract: ______________________________________________________________
To: ___________________________________________(Insert name and address of Employer)
___________________________________________________
Gentlemen:
We have examined the Conditions of Contract, Employer's Requirements, Schedules, Addenda
Nos _____ and the matters set out in the Appendix hereto. We have understood and checked
these documents and have not found any errors in them. We accordingly offer to design, execute
and complete the said Works and remedy any defects, fit for purpose in conformity with these
documents and the enclosed Proposal, for the fixed lump sum of (in currencies, of payment)
_________ or other such sums as may be determined in accordance with the terms and
conditions of the Contract. The above amounts are in accordance with the Price Schedules
herewith and are made part of this bid.
We confirm our agreement with the appointment of (name proposed in Bid Data Sheet or during
the clarification meeting of the First Stage bid) as the Adjudicator.
We agree to abide by this Bid until _____________ and it shall remain binding upon us and
maybe accepted at any time before that date. We acknowledge that the Appendix forms part of
our Bid.
We hereby confirm that:
(a) this Bid complies with, the Bid Security, if required; and
(b) we have read and understood the content of the Bid Securing Declaration form contained
in section 6 and subscribe fully to the terms and conditions of the Bid Securing
Declaration, if required. We further understand that this declaration shall be construed as
a signed Bid Securing Declaration which could lead to disqualification on the grounds
mentioned in Instructions to Bidders.
We have no conflict of interest in accordance with ITB Sub-Clause 4.4;
If our bid is accepted, we will provide the specified performance security, commence the Works
as soon as reasonably possible after receiving the Employer's Representative's notice to
commence, and complete the Works in accordance with the above-named documents within the
time stated in the Appendix to Technical Proposal.
Unless and until a formal Agreement is prepared and executed this Bid, together with your written
acceptance thereof, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to
contract execution if we are awarded the contract, are listed below:
Name and Amount and Purpose of Commission
Address of Agent Currency or Gratuity
_______________________________ __________________ _________________________
_______________________________ __________________ _________________________
_______________________________ __________________ _________________________
Forms of Proposal and Appendices 84
_________________________________________________________________________________________________
(if none, state “none”).
We are, Gentlemen
Yours faithfully
Signature ___________________ in the capacity of __________ duly authorized to sign bids for
and on behalf of ________________________________________________________________
Address
__________________________________________
__________________________________________
Date _____________________________________
Forms of Proposal and Appendices 85
_________________________________________________________________________________________________
Appendix 1 to Price Proposal
[Note: with the exception of the items for which the Employer's requirements have been inserted,
the following information must be completed before the Bid is submitted]
Sub-Clause
Employer’s name and address 1.1.2.1 (Insert before issue of document)
_______________________________ & 1.8 ________________________________
Contractor’s name and address _____ 1.1.2.2 ________________________________
_______________________________ & 1.8 ________________________________
Name and address of the Employer’s 1.1.2.2 ________________________________
Representative __________________ & 1.8 ________________________________
_______________________________
_______________________________
If Sub-Clause 13.15 does not apply:
Foreign Currency/Currencies _______ 1.1.5.3 as named in the BID
Total amount of advance payments 13.2 Ten to twenty (10-20)% of the Contract
Price
Number and timing of installments 13.2 ________________________________
Start repayment of advance payment 13.2(a) when payments are ______% of the
Contract Price
Repayment amortization of advance 13.2(b) ___________________________ 25%
payment _______________________
Percentage of retention ____________ 13.3(c) Ten (10)%
Limit of Retention Money 13.3(c) Five (5)% of the Contract Price
If Sub-Clause 13.5 applies:
Plant and Materials for payment
When delivered to the Site 13.5 __________________________ [list]
Minimum amount of Interim Payment
Certificates ______________________ 13.6 One and one-half (1.5)% of the Contract
Price
Forms of Proposal and Appendices 86
_________________________________________________________________________________________________
If Sub-Clause 13.15 applies:
Payments in Local and Foreign 1.1.5.3
Currencies & 13.15
Currency Unit Amount Payable
in such Currency
Local: __________ [ name ] ____________________
Foreign: ________ [ name ] ____________________
_____________ [ name ] ____________________
If there are Provisional Sums:
Percentage for Adjustment
of Provisional Sums ________ 14.5(b)(ii) ________________________________
If there are Sections
Definitions of Sections
Description Value (percentage of Time for Completion Liquidated Damages
(Sub-Clause 1.1.6.9) Contract Price) + (Sub-Clause 1.1.3.4) (Sub-Clause 8.6)
_________________ _________________ _________________ _________________
_________________ _________________ _________________ _________________
+ These percentage shall also be applied to the first half of the Retention Money under Sub-Clause 13.9
Initials of signatory of Bid _____________________________________
Forms of Proposal and Appendices 87
_________________________________________________________________________________________________
Appendix 2 to Price Proposal
Form of Bid-Securing Declaration
By subscribing to the undertaking in the Form of Price Proposal:
I/We*, the undersigned, declare that:
I/We* understand that, according to your conditions, bids must be supported by a Bid-Securing
Declaration.
I/We* accept that I/we* may be disqualified from bidding for any contract with any Public Body for
the period of time that may be determined by the Procurement Policy Office under section 35 of
the Public Procurement Act, if I am/we* are* in breach of any obligation under the bid conditions,
because I/we*:
(a) have modified or withdrawn my/our* Bid after the deadline for submission of its bid
during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) have refused to accept a correction of an error appearing on the face of the Bid; or
(c) having been notified of the acceptance of our Bid by the Employer during the period of
bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the Instructions to Bidders.
I/We* understand this Bid Securing Declaration shall cease to be valid (a) if I/we are the
successful bidder, upon our receipt of copies of the contract signed by you and the performance
security issued to you upon the instruction of the Bidder; or (b) if I am/we are* not the successful
Bidder, upon the earlier of (i) the receipt of your notification of the name of the successful Bidder;
or (ii) thirty days after the expiration of the validity of my/our* Bid.
[Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all
partners of the Joint Venture that submits the bid.]
*Please delete as appropriate
Sample Forms 88
_________________________________________________________________________________________________
Section 6. Sample Forms
Notes on Sample Forms
Bidders shall complete and provide the Bid Security (where applicable) all in
accordance with the requirements of the bidding documents.
Bidders should NOT complete the Form of Agreement at this time. Only the
successful Bidder will be required to complete the Form. The Form of Agreement,
when it is finalized at time of contract award, should incorporate any corrections or
modifications to the accepted bid resulting from arithmetic corrections, acceptable
deviations (time for completion, technical deviations, commercial deviations, etc.),
spare parts or quantity variations in accordance with the requirements of the bidding
documents.
The Form of Performance Security and Form of Advance Payment Security should
NOT be completed by the bidders at the time of bid preparation. Only the successful
Bidder will be required to provide these securities in accordance with the forms
indicated herein or in another form acceptable to the Employer. Where Advance
Payment Security is not required, the form(s) should not be included in the bidding
documents.
Sample Forms 89
_________________________________________________________________________________________________
Table of Contents
Form of Bid Security 89
Form of Contract Agreement 90
Form of Performance Security 91
Form of Advance Payment Security 92
For of Cost Structure for Value Added Calculation per Product 93
Sample Forms 90
_________________________________________________________________________________________________
Form of Bid Security (Bank Guarantee)
............................................Bank’s Name and Address of issuing Branch or Office
............................................................
Beneficiary:.................................Name and Address of Public Body………..................................
Date: ..................................................................................................................................
BID GUARANTEE No.: ......................................................................................................
We have been informed that ......................[name of the Bidder]……...... (hereinafter called "the
Bidder") has submitted to you its bid dated ....................(hereinafter called "the Bid") for the
execution of .............................[name of contract] ......................... under Invitation for Bids
No..........................[IFB number] ….................. (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
security.
At the request of the Bidder, we ..................................[name of Bank] ...................... hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
............................[amount in figures]…........................ .(..............amount in words...................)
upon receipt by us of your first demand in writing accompanied by a written statement stating that
the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has modified or withdrawn its Bid after the deadline for submission of its bid
during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) has refused to accept a correction of an error appearing on the face of the Bid; or
(c) having been notified of the acceptance of its Bid by the Public Body during the
period of bid validity, (i) fails or refuses to sign the contract Form, if required, or
(ii) fails or refuses to furnish the performance security, in accordance with the
Instructions to Bidders.
This guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies
of the contract signed by the Bidder and the performance security issued to you upon the
instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our
receipt of a copy of your notification to the Bidder of the name of the successful bidder; or (ii)
thirty days after the expiration of the Bidder’s Bid.
Consequently, any demand for payment under this guarantee must be received by us at the office
on or before ........................................[Public Body to insert date].................................................
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
(Applicable to overseas bidders only).
.......................................................[Bank’s seal and authorized signature(s)] .........................
Sample Forms 91
_________________________________________________________________________________________________
Form of Contract Agreement
This Agreement made this _____ day of ____________ 20 _____ between ________________
_____________________________________________________________________________
of ___________________________________________________________________________
(hereinafter called “the Employer") of the one part and __________________________________
of ____________________________________________ (hereinafter called "the Contractor") of
the other part
Whereas the Employer desires that the Works known as ________________________________
should be designed and executed by the Contractor, and has accepted a Bid by the Contractor
for the design, execution and completion of such Works and the remedying of any defects
therein.
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement:
(a) The Letter of Acceptance dated ____________
(b) The Employer's Requirements
(c) The Addenda nos. ___________
(d) The Bid dated _______________
(e) The Conditions of Contract (Parts I and II)
(f) The completed Schedules, and
(g) The Contractor's Proposal.
3. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to design,
execute and complete the Works and remedy any defects therein in conformity in all
respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor, in consideration of the design,
execution and completion of the Works and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
In Witness whereof the parties hereto have caused this Agreement to be executed the day and
year first before written in accordance with their respective laws.
Authorized signature of Employer Authorized signature of Contractor
SEAL SEAL
(if any) (if any)
in the presence of: in the presence of:
Name ___________________________ Name ___________________________
Signature ________________________ Signature ________________________
Address _________________________ Address _________________________
Sample Forms 92
_________________________________________________________________________________________________
Form of Performance Security
(Bank Guarantee)
To: _______________________________________________________ [name of Employer]
_______________________________________________________ [name of Employer]
WHEREAS____________________________________ [name and address of
Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of Contract No.
____________ dated ______ to execute __________________________________________
[name of Contract and brief description of Works] (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with its obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Contractor, up to a total of __________________________________ [amount of
18
Guarantee] _______________________________________ [in words], such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of ______________________________________ [amount of Guarantee]
as aforesaid without your needing to prove or to show grounds or reasons for your demand for
the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents which
may be made between you and the Contractor shall in any way release us from any liability under
this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until the date of issue of the Performance Certificate.
Signature and Seal of the Guarantor ______________________________
Name of Bank ______________________________
Address ______________________________
Date ______________________________
18
An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract, and denominated either in the currency(ies) of the Contract or in a freely convertible currency acceptable to
the Employer.
Sample Forms 93
_________________________________________________________________________________________________
Form of Advance Payment Security
(Bank Guarantee)
To: _____________________________________________________ [name of Employer]
_____________________________________________________ [address of Employer]
_____________________________________________________ [name of Contract]
Gentlemen:
In accordance with the provisions of the Conditions of Contract, Sub-Clause 13.2
(“Advance Payment") of the above-mentioned Contract, ________________________________
[name and Address of Contractor] (hereinafter called “the Contractor") shall deposit with
________________________________________________ [name of Employer] a bank
guarantee to guarantee its proper and faithful performance under the said Clause of the Contract
in an amount of _____________________________________________ [amount of
19
Guarantee] __________________________________________________________ [in words].
We, the ____________________________ [bank], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to ________________________________________________ [name of Employer] on
its first demand without whatsoever right of objection on our part and without its first claim to the
Contractor, in the amount not exceeding
1
__________________________________________________________ [amount of Guarantee]
__________________________________________________________ [in words].
We further agree that no change or addition to or other modification of the terms of the
Contract or of Works to be performed thereunder or of any of the Contract documents which may
be made between _______________________________________________ [name of
Employer] and the Contractor, shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until ________________________________________________ [name of
Employer] receives full repayment of the same amount from the Contractor.
Yours truly, ______________________________________
Signature and Seal: ______________________________________
Name of Bank/Financial Institution: ______________________________________
Address: ______________________________________
Date: ______________________________________
19
An amount is to be inserted by the Bank or financial institution representing the amount of the Advance Payment,
and denominated either in the currency(ies) of the Advance Payment as specified in the Contract, or in a freely
convertible currency acceptable to the Employer.
Sample Forms 94
_________________________________________________________________________________________________
Form of Cost Structure for Value Added per Product
COST STRUCTURE FOR VALUE ADDED CALCULATION
PER PRODUCT
Rs Rs
Raw Materials, Accessories & Components
Imported (CIF) .................. ..................
Local (VAT & Excise Duty Free) ................ .................
Labour Cost
Direct Labour ................. ..................
Clerical Wages .................. ..................
Salaries to Management .................. ..................
Utilities
Electricity .................. ..................
Water .................. ..................
Telephone .................. ..................
Depreciation .................. ..................
Interest on Loans .................. ..................
Rent .................. ..................
Other (please specify)
........................................ .................. ..................
........................................ .................. ..................
........................................ .................. ..................
TOTAL COST
Local Value Added = Total Cost – Cost of imported inputs x 100
Total Cost
The cost structure should be certified by a Certified Accountant
Schedules 95
_________________________________________________________________________________________________
Section 7. Schedules
Schedules 96
_________________________________________________________________________________________________
Section 7. Schedules
Notes on Schedules
The Schedules are intended to provide the Employer with essential
supplementary information in an organized format. Examples of more commonly
used Schedules are given herein. Others may be devised and added in accordance
with the requirements of the Instructions to Bidders.
All the Schedules are essential for bid evaluation and some in contract
execution; they should all be incorporated in the Contract, and appropriate
changes introduced with the approval of the Employer or its representative.
In Option A, Single Stage Bidding Procedure, all Schedules are to be
completed and submitted with the bid.
In Option B, Two Envelope Bidding Procedure, the schedules are to be
completed and submitted as part of the Technical Proposal and Price Proposal in
accordance with the Instructions to Bidders (Option B) Clause 13, Documents
Comprising the Bid.
1. The Schedules are divided into six separate Schedules as follows:
I. Design, Drawings and Documentation
II. Plant and Equipment (including Mandatory Spare parts) supplied
from outside the Employer’s Country
III. Plant and Equipment (including Mandatory Spare parts) supplied
from within the Employer’s Country
IV. Civil Works, Installation and Other Services
V. Grand Summary
VI. Recommended Spare Parts
2. The quantities shown in these Schedules are estimates only.
3. The Schedules do not generally give a full description of the plant and
equipment to be supplied and the services to be performed under each item.
Bidders shall be deemed to have read the Employer’s Requirements and other
sections of the bidding documents and reviewed the Drawings to ascertain the full
scope of the requirements included in each item prior to filling in the rates and
prices. The entered rates and prices shall be deemed to include for the full scope
as aforesaid including overheads and profit.
4. Bid prices shall be quoted in the manner indicated and in the currencies
specified in the Instructions to Bidders in the bidding documents.
Schedules 97
_________________________________________________________________________________________________
Notes on Schedules (continued)
For each item, bidder shall complete each appropriate column in the
respective Schedules, giving the price breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope
covered by that item as detailed in the Employer’s Requirements, Drawings or
elsewhere in the bidding documents.
5. Items left blank will be deemed to have been included in other items. The
TOTAL for each Schedule and TOTAL of the Grand Summary shall be deemed to
be the total price for executing the facilities and sections thereof in complete
accordance with the Contract.
6. These Schedules are intended primarily to provide information for bid
evaluation but not intended to be used for the evaluation of work done for the
purpose of interim payment. They may, however, be used as a reference for the
adjustment of the Schedule of Payment should the need arise.
7. These Schedules can be used as a basis to value variations of work done
under the Provisional Sum.
Schedule of Prices 98
_________________________________________________________________________________________________
SCHEDULES OF PRICES
I. Design, Drawings and Documentation
Rate Total Price
a a
Item Description Quantity Foreign Local Foreign Local
a a b
Currency Currency
TOTAL
(To Grand Summary)
a Currencies shall be in accordance with Clause 16 of the Instructions to Bidders.
b Include duties and taxes.
Schedule of Prices 99
_________________________________________________________________________________________________
II. Plant & Equipment, including mandatory spare parts, supplied from outside the
Employer’s Country
Foreign Local Currency Total Price
a
Item Description Country of Currency
a a
Origin FOB CIF Taxes & Local Foreign Local
Duties Transport
TOTAL
(To Grand Summary)
a Currencies shall be in accordance with Clause 16 of the Instructions to Bidders.
Schedule of Prices 100
_________________________________________________________________________________________________
III. Plant & Equipment, including mandatory spare parts, from within the Employer’s Country
Ex-factory Sales Total
a a
Item Description Quantity Price Tax
TOTAL
(To Grand Summary)
a Currencies shall be in accordance with Clause 16 of the Instructions to Bidders.
Schedule of Prices 101
_________________________________________________________________________________________________
IV. Civil works, installation and other services
Rate Total Price
a a
Item Description Quantity Foreign Local Foreign Local
a a b
Currency Currency
TOTAL
(To Grand Summary)
a Currencies shall be in accordance with Clause 16 of the Instructions to Bidders.
b Include duties and taxes.
Schedule of Prices 102
_________________________________________________________________________________________________
V. Grand Summary
Total Price
Item Description Foreign Local
a a
() ()
1 Schedule 1.
Design, Drawings and Documentation
2 Schedule 2.
Plant and Equipment, including Mandatory spare parts,
supplied from abroad
3 Schedule 3.
Plant and Equipment, including Mandatory spare parts,
from within the Employer’s Country
4 Schedule 4.
Civil Works, installation and other services
TOTAL
(To Grand Summary)
a Specify currency.
Schedule of Prices 103
_________________________________________________________________________________________________
VI. Recommended Spare Parts
Unit Price Total Price
Item Description Quantity From Local Foreign Local
a a
Abroad Ex-Factory () ()
a a
() ()
TOTAL
a Specify currency.
Schedule of Payment 104
_________________________________________________________________________________________________
SCHEDULE OF PAYMENT
(a) If payment is on a periodic basis according to pre-estimated construction progress.
1
Payment Month Percent Amount Cumulative% Milestone
st
1 Payment
nd
2 Payment
rd
3 Payment
Final Payment
Total
1 Where available and applicable.
Note: The Employer and the Contractor may make necessary adjustments to the Schedules if
the progress of work is substantially ahead of or behind the program referred to in Sub-Clause
4.14.
(b) If payment is based on completion by stages.
Stage Percent Amount Cumulative%
(insert brief description
st
1
nd
2
rd
3
Final
Total
Schedule of Coefficient and Indices for Price Adjustment 105
_________________________________________________________________________________________________
SCHEDULE OF COEFFICIENT AND INDICES FOR PRICE ADJUSTMENT
Coefficient Country of Origin; Source of Index; Value on stated dates
Scope of Index Currency of Index Title/Definition Value Date
a = _______ ________
b = _______ ________
c = _______ ________
d = _______ ________
e = _______ ________
Schedule of Major Items of Constructional Plant 106
_________________________________________________________________________________________________
SCHEDULE OF MAJOR ITEMS OF CONSTRUCTIONAL PLANT
Description No. Year New Owned (O) CIF Est. Capacity
3
(Type, Model, of of or Or Value Power t or m
Make) Each Manufacture Used Leased (L) Rating
The Employer should select appropriate major headings to suit the nature of the
Works. The bidder shall enter in this Schedule all major items of Construction Plant
which he proposes to bring on site, both owned and leased (rented), and shall
indicate the proposed port of entry.
Schedule of Key Personnel 107
_________________________________________________________________________________________________
SCHEDULE OF KEY PERSONNEL
Name Summary of qualifications
(i) Nominee Experience and
(ii) Alternate Present Occupation
Headquarters
Partner/Director
Other Key Staff
(give designation)
Site Office
Site Superintendent
Deputy
Superintendent
Supervising
Engineers
Construction
Supervisors
Other Key Staff
The bidder shall list in this Schedule the Key personnel (including first nominee and
the second choice alternate) he will employ from headquarters and from Site Office to
direct and execute the Work, together with their qualifications, positions held and
their nationalities.
Schedule of Subcontractors 108
_________________________________________________________________________________________________
SCHEDULE OF SUBCONTRACTORS
Statement of Similar
Element of Approximate Value Name and Address Works Previously
Work of Subcontractor Executed
The bidder shall enter in this Schedule a list of the Sections and appropriate value of
the work for which he proposes to use subcontractors, together with the names and
addresses of the proposed subcontractors. The bidder shall also enter a statement of
similar works previously executed by the proposed subcontractors, including
description, location and value of work, year completed, and name and address of the
Employer/Employer’s Representative. Notwithstanding such information, the bidder,
if awarded the Contract, shall remain entirely and solely responsible for the
satisfactory completion of the Works.
Drawings 109
_________________________________________________________________________________________________
Section 8. Drawings
Drawings 110
_________________________________________________________________________________________________
Section 8. Drawings
Notes on Drawings
In a Design-Build or Turnkey contract no detail drawings would generally be
available at the pre-tender stage. It would, however, be useful to include such
conceptual drawings as are appropriate to supplement or help explain the text of the
Employer’s Requirements.
