Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631429505.pdf (Antigua and Barbuda)
P R O C U R E M E N T D O C U M E N T S Bidding Document for Procurement of Goods Procurement of: Equipment for Antigua and Barbuda Institute of Continuing Education (ABICE) Issued on:158th August, 2023 ICB No: 001/2023 Purchaser: Government of Antigua and Barbuda Country: Antigua and Barbuda Standard Bidding Document Table of Contents Part 1 – Bidding Procedures Section I – Instructions to Bidders ...................................................................................................1 Section II – Bid Data Sheet ............................................................................................................39 Section III – Evaluation and Qualification Criteria .......................................................................45 Section IV – Bidding Forms ..........................................................................................................49 Section V – Eligible Countries ......................................................................................................61 Section VI – Prohibited Practices and Other Integrity Related Matters ........................................66 Part 2 – Requirements Section VII – Supply Requirements ..............................................................................................70 Part 3 – Conditions of Contract and Contract Forms Section VIII – General Conditions of Contract .............................................................................82 Section IX – Particular Conditions of Contract ...........................................................................108 Section X –Contract Forms ..........................................................................................................115 PART 1 – Bidding Procedures Section I.
Instructions to Bidders Table of Clauses General ............................................................................................................................. 1 Scope of Bid ..................................................................................................................... 1 Source of Funds ................................................................................................................ 2 Prohibited Practices and Other Integrity Related Matters ................................................ 2 Eligible Bidders ................................................................................................................ 3 Eligible Goods and Related Services ............................................................................... 7 Contents of Bidding Document ........................................................................................ 7 Sections of Bidding Document ........................................................................................ 7 Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .................................... 9 Amendment of Bidding Document ................................................................................ 10 Preparation of Bids ......................................................................................................... 11 Cost of Bidding .............................................................................................................. 11 Language of Bid ............................................................................................................. 11 Documents Comprising the Bid ..................................................................................... 11 Letter of Bid and Price Schedules .................................................................................. 13 Alternative Bids.............................................................................................................. 13 Bid Prices and Discounts................................................................................................ 13 Currencies of Bid ........................................................................................................... 16 Documents Establishing the Eligibility and Conformity of Goods and Related Services ........................................................................................................................................ 17 Documents Establishing the Eligibility and Qualifications of the Bidder ..................... 18 Period of Validity of Bids .............................................................................................. 19 Bid Security .................................................................................................................... 20 Format and Signing of Bid ............................................................................................. 22 Submission and Opening of Bids ................................................................................... 23 Sealing and Marking of Bids .......................................................................................... 23 Deadline for Submission of Bids ................................................................................... 24 Late Bids ........................................................................................................................ 24 A.
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E. 26.

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Withdrawal, Substitution, and Modification of Bids ..................................................... 24 Bid Opening ................................................................................................................... 25 Evaluation and Comparison of Bids .............................................................................. 27 Confidentiality ................................................................................................................ 27 Clarification of Bids ....................................................................................................... 27 Deviations, Reservations, and Omissions ...................................................................... 28 Determination of Responsiveness .................................................................................. 28 Nonmaterial Nonconformities ........................................................................................ 29 Correction of Arithmetical Errors .................................................................................. 30 Conversion to Single Currency ...................................................................................... 31 Margin of Preference ...................................................................................................... 31 Evaluation of Bids .......................................................................................................... 31 Comparison of Bids ........................................................................................................ 33 Qualification of the Bidder ............................................................................................. 33 Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids .......................... 34 Standstill Period ............................................................................................................. 34 Notification of Intention to Award ................................................................................. 34 Award of Contract .......................................................................................................... 35 Award Criteria ................................................................................................................ 35 Purchaser’s Right to Vary Quantities at Time of Award ............................................... 35 Notification of Award .................................................................................................... 35 Debriefing by the Purchaser ........................................................................................... 36 Signing of Contract ........................................................................................................ 37 Performance Security ..................................................................................................... 38 Procurement Related Complaints ................................................................................... 38 Section I – Instructions to Bidders 1 Section I.
Instructions to Bidders A.

General 1.

Scope of Bid 1.1 1.2 issues this Bidding Document for The Purchaser indicated in Section II, Bid Data Sheet (BDS) the procurement of Goods and if applicable any Related Services incidental thereto, as specified in Section VII, Supply Requirements.

The name, identification, and number of lots (contracts) are provided in the BDS.
Unless otherwise stated, throughout this Bidding Document: (a) the term “in writing” means communicated in written form (e.g., by mail, e-mail, fax, including if specified in the BDS, distributed or received through electronic-procurement system used by the Purchaser) with proof of receipt; (b) if the context so requires, “singular” means “plural’ and vice versa; (c) “Day” means calendar day, unless otherwise specified as a “Business Day.” A Business Day is any day that is a working day of the Recipient.
It excludes the Recipient’s official public holidays; and (d) the terms “Subcontractor” and “Subsupplier” shall have the meanings conferred to them in Clause 1 of the General Conditions of Contract.

Section I – Instructions to Bidders 2 2.

Source of Funds 2.1 2.2 3.1 3.2 3.


Prohibited Practices and Other Integrity Related Matters The Recipient (hereinafter called “Recipient”) indicated in the BDS has applied for or received the financing (hereinafter called “funds”) from European Union via the Caribbean Development Bank (hereinafter called “the Bank”) toward the cost of the project named in the BDS.

The Recipient intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued.
Payments by the Bank will be made only at the request of the Recipient and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Recipient and the Bank (the Financing Agreement) and will be subject in all respects to the terms and conditions of the Financing Agreement.
The Financing Agreement prohibits withdrawal from the financing account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

No party other than the Recipient shall derive any rights from the Financing Agreement or have any claim to the funds.
Subcontractors, CDB requires compliance with CDB’s policy on Prohibited Practices and Other Integrity Related Matters, as set forth in Section VI, Prohibited Practices and Other Integrity Related Matters.
In further pursuance of this policy, Bidders shall permit and shall cause their agents (where declared or service not), providers, suppliers, Subsuppliers, and personnel, to permit CDB to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, Bid submission (in case prequalified), proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by CDB.
subconsultants, Section I – Instructions to Bidders 3 4.

Eligible Bidders 4.1 4.2 4.3 Bidders shall meet the eligibility criteria as per this ITB and Section V. A Bidder may be a firm that is a private entity a stated- owned owned enterprise or institution, subject to ITB 4.8, or any combination of them in the form of a Joint Venture (JV) with the formal intent, as evidenced by a letter of intent, to enter into an agreement or under an existing agreement.
In the case of a joint venture, all partners shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms.

The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the Bidding process and during contract execution (in the event the JV is awarded the Contract).
Unless specified in the BDS, there is no limit on the number of partners in a JVA firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids.

This includes participation as a Subcontractor or Subsupplier in other Bids.

Such participation shall result in the disqualification of all Bids in which the firm is involved.
A firm that is not a Bidder or a JV member may participate as a Subcontractor or Subsupplier in more than one Bid.
Bidders or joint venture partners shall have the nationality of an eligible country as detailed in Section V and shall comply with the following: (a) be legally constituted, incorporated or registered in and operates in conformity with the provisions of the laws of an eligible country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be, and have their principal place of business in an eligible country; (b) be more than fifty (50) percent beneficially- owned by a citizen or citizens and/or a bona fide Section I – Instructions to Bidders 4 resident or residents of an Eligible Country, or by a body corporate or bodies meeting these requirements, as far as the ownership can be reasonably determined; and (c) shall have no arrangement and undertake not to make any arrangement whereby the majority of the financial benefits of the contract, i.e., more than fifty (50) percent of the value of the contract, will accrue or be paid to Subcontractors or subconsultants that are not from an Eligible Country.
4.4 A Bidder shall not have a conflict of interest.

Any Bidder found to have a conflict of interest shall be disqualified.
A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder: (a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or (b) receives or has received any direct or indirect subsidy from another Bidder; or (c) has the same legal representative as another Bidder; or (d) has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Purchaser regarding this Bidding process; or (e) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods that are the subject of the Bid; or (f) or any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Recipient for the Contract implementation; or Section I – Instructions to Bidders 5 (g) would be providing goods, works, or non- consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or (h) has a close business or family relationship with professional staff of the Recipient (or of the project implementing agency, or of a recipient of a part of the financing) who: (i) are directly or indirectly involved in the preparation of the Bidding Document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such Contract from such unless relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.
the conflict stemming A Bidder that has been suspended or sanctioned by CDB or against whom an MDB Debarment1 or MDB Cross-Debarment2 has been imposed, subject to the provisions of Section VI, shall be ineligible to Bid for or be awarded a CDB-financed contract or benefit from a CDB-financed contract, financially or otherwise, during such period of time as CDB shall have determined or an MDB Debarment or Cross- Debarment is in effect.
The list of debarred firms and individuals is available at the electronic address specified in the BDS.

4.5 1 A debarment imposed and announced publicly, on their official website, by at least one MDB which is a signatory to the Agreement on Mutual Enforcement of Debarment Decisions in accordance solely with its internal sanctions policies and procedures.
2 A debarment imposed and announced publicly pursuant to the provisions for mutual recognition and enforcement under the Agreement on Mutual Enforcement of Debarment Decisions.
Section I – Instructions to Bidders 6 4.6 4.7 4.8 A firm that is under a sanction of debarment by the Recipient from being awarded a contract is eligible to participate in this procurement, unless CDB, at the Recipient’s request, is satisfied that the debarment; (a) relates to Prohibited Practices, as defined in Section VI, and (b) followed a judicial or administrative proceeding that afforded the firm adequate due process.
A Bidder shall not be under suspension from Bidding by the Purchaser as the result of the operation of a Bid–Securing or Proposal-Securing Declaration.

Bidders that are state-owned enterprise or institutions from an eligible country, as pursuant to Section V, may be eligible to Bid and be awarded a Contract(s) only if they can establish, in a manner acceptable to CDB, that they: (a) are legally and financially autonomous.
“Legally autonomous” means a legal entity separate from the eligible country’s government.
"Financially autonomous" means not receiving budget support from any public entity, and not being obliged to pass financial surplus to the same, except through dividends to shareholders; (b) operate under commercial law - Being vested with legal rights and liabilities similar to any commercial being incorporated or established by statutory charter under local law; having the right: enterprise, including, (i) (ii) (iii) (iv) to enter into legally binding contracts; to sue; to be sued; and to borrow money, being liable for the repayment of debts and being able to be declared bankrupt.
Section I – Instructions to Bidders 7 4.9 Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official the Recipient’s Country prohibits regulations, commercial relations with that country, provided that CDB is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Recipient’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.
When the project is implemented across jurisdictional boundaries (and more than one country is a Recipient, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.9 (a) above by any country may be applied to that procurement across other countries involved, if CDB and the Recipients involved in the procurement agree.

4.10 Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request.

5.
5.

Eligible Goods and Related Services 5.1 Not Applicable 5.2 Not applicable 5.3 Not applicable B.

Contents of Bidding Document 6.

Sections of Bidding 6.1 Document The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1 Bidding Procedures     Section I.

Instructions to Bidders (ITB) Section II.

Bid Data Sheet (BDS) Section III.


Evaluation and Qualification Criteria Section IV.

Bidding Forms Section I – Instructions to Bidders 8   Section V. Eligible Countries Section VI.

Prohibited Practices and Other Integrity Related Matters PART 2 Requirements  Section VII.

Supply Requirements PART 3 Conditions of Contract and Contract Forms    6.2 Section VIII.

General Conditions of Contract (GC) Section IX.

Special Conditions of Contract (SCC) Section X.


Contract Forms The Invitation for Bids issued by the Purchaser is not part of the Bidding Document.

6.3 Unless obtained directly from the Purchaser, the Purchaser is not responsible for the completeness of the Bidding Document, responses to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda to the Bidding Document in accordance with ITB 8.
In case of any contradiction, documents obtained directly from the Purchaser shall prevail The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents and to furnish with its Bid all information the Bidding or documentation Documents.

required by 6.4 Section I – Instructions to Bidders 9 7.
Clarification of Bidding 7.1 Document, Site Visit, Pre- Bid Meeting A prospective Bidder requiring any clarification of the Bidding Document shall contact the Purchaser in writing at the Purchaser’s address indicated in the BDS or raise his enquiries during the pre-bid meeting if provided for in accordance with ITB 7.4.

The Purchaser will respond to any request for clarification, provided that such request is received no later than fourteen (14) days prior to the deadline for submission of Bids.
The Purchaser’s response shall be in writing with copies to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source.

Should the Purchaser deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 22.2.
7.3 7.2 Where applicable, the Bidder is advised to visit and examine the project site 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 provision of the Requirements.

The costs of visiting the site shall be at the Bidder’s own expense.
Pursuant to ITB 7.2, where the Bidder and any of its personnel or agents have been granted permission by the Purchaser to enter upon its premises and lands for the purpose of such visit, the Bidder, its personnel, and agents will release and indemnify the Purchaser 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 visit.
The Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a site visit, if provided for in the BDS.

The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

If so provided for in the BDS, the Purchaser will organise a site visit.
7.4 Section I – Instructions to Bidders 10 7.5 The Bidder is requested, as far as possible, to submit any questions in writing, to reach the Purchaser not later than one week before the meeting.

8.
8.

Amendment of Bidding Document 7.7 7.6 Minutes of the pre-bid meeting, including the text of the questions raised without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3.
Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the Purchaser exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting.

Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

At any time prior to the deadline for submission of Bids, the Bidding Document by issuing addenda.
Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Purchaser in accordance with ITB 6.3.

To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Purchaser may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB 22.2. the Purchaser may amend 8.1 8.3 8.2 Section I – Instructions to Bidders 11 C. Preparation of Bids 9.
Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

10.

Language of Bid 11.

Documents Comprising the Bid 10.1 The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS.
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 that language, in which case, for purposes of interpretation of the Bid, such translation shall govern.
The Bid shall comprise the following: 11.1 (a) Letter of Bid prepared in accordance with ITB 12; (b) Price Schedules, as provided in Section IV, Bidding Forms, completed in accordance with ITB 12 and ITB 14; (c) Bid Security or Bid Securing Declaration, in accordance with ITB 19; (d) Alternative Bid: if permissible, in accordance with ITB 13; (e) Authorisation: written confirmation authorising the signatory of the Bid to commit the Bidder, in accordance with ITB 20.2 and ITB 20.3; (f) Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the Contract if its Bid is accepted; Section I – Instructions to Bidders 12 (g) Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to Bid; (h) Eligibility of Goods and Related Services: documentary evidence in accordance with ITB 16, establishing the eligibility of the Goods and Related Services to be supplied by the Bidder; (i) Conformity: in documentary accordance with ITB 16 and 30, that the Goods and Related Services conform to the Bidding Document; and evidence (j) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, Bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all partners.

Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all partners and submitted with the Bid, together with a copy of the proposed agreement.
11.3 The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

Section I – Instructions to Bidders 13 12.

Letter of Bid and Price Schedules 13.

Alternative Bids 14.

Bid Prices and Discounts 12.1 The Letter of Bid and Price Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms.
The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.3.

All blank spaces shall be filled in with the information requested.

13.1 Unless otherwise indicated in the BDS, alternative proposals shall not be considered.

If alternative proposals are permitted, their method of evaluation shall be as stipulated in Section III, Evaluation and Qualification Criteria.
14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in the Price Schedules shall conform to the requirements specified below.

14.2 All lots (contracts) and items must be listed and priced separately in the Price Schedules.

14.3 The price to be quoted in the Letter of Bid in accordance with ITB 12.1 shall be the total price of the Bid, excluding any discounts offered.
14.5 14.4 The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid, in accordance with ITB 12.1.

Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS.

A Bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected, pursuant to ITB 29.
However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a Bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.

14.6 If so specified in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of Section I – Instructions to Bidders 14 lots (packages).
Unless otherwise specified in the BDS, prices quoted shall correspond to 100% of the items specified for each lot and to 100% of the quantities specified for each item of a lot.

Bidders wishing to offer discounts for the award of more than one Contract shall specify in their Bid the price each package, or to reductions alternatively, to individual Contracts within the package.

Discounts shall be submitted in accordance with ITB 14.4 provided the Bids for all lots (contracts) are opened at the same time.
applicable 14.8 14.7 The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.

Prices shall be quoted as specified in each Price Schedule included in Section IV, Bidding Forms.

The disaggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the Purchaser.
This shall not in any way limit the Purchaser’s right to contract on any of the terms offered.

In quoting prices, the Bidder shall be free to use transportation through carriers registered in any eligible country, in accordance with Section V, Eligible Countries.

Similarly, the Bidder may obtain insurance services from any eligible country, in accordance with Section V, Eligible Countries.
Prices shall be entered in the following manner: (a) For Goods manufactured in the Purchaser’s Country: (i) the price of the Goods quoted EXW (ex- works, ex-factory, ex warehouse, ex as showroom, applicable), including all customs duties and sales and other taxes already paid or payable on the components and raw off-the-shelf, or Section I – Instructions to Bidders 15 material used in the manufacture or assembly of the Goods; (ii) any Purchaser’s Country sales tax and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and (iii) for transportation, the price inland insurance, and other local services required to convey the Goods to their final destination (Project Site) specified in the BDS.
(b) For Goods manufactured Purchaser’s Country, to be imported: outside the (i) (ii) the price of the Goods, quoted CIP, named place of destination, in the Purchaser’s Country, as specified in the BDS; the price for inland transportation, insurance, and other local services required to convey the Goods from the named place of destination to their final destination (Project Site) specified in the BDS; (c) For Goods manufactured outside Purchaser’s Country, already imported: the (i) the price of the Goods, including the original import value of the Goods; plus any mark-up (or rebate); plus any other related local cost, and custom duties and other import taxes already paid or to be paid on the Goods already imported; Section I – Instructions to Bidders 16 (ii) the custom duties and other import taxes already paid (need to be supported with documentary evidence) or to be paid on the Goods already imported; (iii) the price of the Goods, obtained as the difference between (i) and (ii) above; (iv) any Purchaser’s Country sales and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and (v) the price for inland transportation, insurance, and other local services required to convey the Goods from the named place of destination to their final destination (Project Site) specified in the BDS.
(d) than For Related Services, other inland transportation and other services required to convey the Goods to their final destination, whenever such Related Services are specified in the Schedule of Requirements, the price of each item comprising the Related Services (inclusive of any applicable taxes).

15.1 The currency(ies) of the Bid and the currency(ies) of payments shall be the same.
The Bidder shall quote in the currency of the Purchaser’s Country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Purchaser’s Country, unless otherwise specified in the BDS.

15.

Currencies of Bid 15.2 The Bidder may express the Bid price in any currency.

If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies the to Purchaser’s Country.
the currency of in addition Section I – Instructions to Bidders 17 16.

Documents Establishing the Eligibility and Conformity of Goods and Related Services 16.1 To establish the eligibility of the Goods and Services in accordance with ITB Clause 5, Bidders shall complete the forms, included in Section IV, Bidding Forms.
16.2 To establish the conformity of the Goods and Related Services to the Bidding Document, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section VII, Supply Requirements.
16.3 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the and Related Services, demonstrating Goods substantial responsiveness of the Goods and Related Services if applicable, a statement of deviations and exceptions the Section VII, Supply to Requirements.
technical specification, and the provisions of the to 16.4 The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following commencement of the use of the goods by the Purchaser.
16.5 Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and not restrictive.
The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Section VII, Supply Requirements.

Section I – Instructions to Bidders 18 17.


Documents Establishing the Eligibility and Qualifications of the Bidder 17.1 To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid, included in Section IV, Bidding Forms.
17.2 The documentary evidence of the Bidder’s qualifications to perform the Contract if its Bid is accepted the Purchaser’s satisfaction: establish shall to (a) (b) shall submit that, if required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to the Manufacturer’s supply Authorisation using in Section IV, Bidding Forms to demonstrate that it has been duly authorised by the manufacturer or producer of the Goods to supply these Goods in the Purchaser’s Country; the form included that, if required in the BDS, in case of a Bidder not doing business within the Purchaser’s Country, the Bidder is or will be (if awarded the Contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance, repair and spare parts- stocking obligations prescribed the Conditions of Contract and/or Technical Specifications; and in (c) that the Bidder meets each of the qualification criterion specified in Section III, Evaluation and Qualification Criteria.
Section I – Instructions to Bidders 19 18.2 the Purchaser (as prescribed by 18.

Period of Validity of Bids 18.1 Bids shall remain valid for the period specified in the BDS after the Bid submission deadline date prescribed by the Purchaser.

The Bid Validity period starts from the date fixed for the Bid submission deadline in accordance with ITB 22.1).

A Bid valid for a shorter period shall be rejected by the Purchaser as non- responsive.
In exceptional circumstances, prior to the expiration of the Bid validity period, the Purchaser may request Bidders to extend the period of validity of their Bids.

The request and the responses shall be made in writing.

If a Bid Security is requested in accordance with ITB 19, the Bidder granting the request shall also extend the Bid Security for twenty-eight (28) days beyond the deadline of the extended validity period.

A Bidder may refuse the request without forfeiting its Bid Security.
A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 18.3.
If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity period, the Contract price shall be determined as follows: 18.3 (a) (b) (c) in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor specified in the BDS; in the case of adjustable price contracts, no adjustment shall be made; in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.
Section I – Instructions to Bidders 20 19.

Bid Security 19.1 The Bidder shall furnish as part of its Bid, the original of either a Bid-Securing Declaration or a Bid Security, as specified in the BDS, using the relevant form included in Section IV, Bidding Forms.

In the case of a Bid Security, the Bid Security amount and currency shall be as specified in the BDS.

19.2 A Bid-Securing Declaration shall use the form 19.3 included in Section IV, Bidding Forms.
If a Bid Security is specified pursuant to ITB 19.1, the Bid Security shall be a demand guarantee in any of the following forms at the Bidder’s option: (a) an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company); (b) an irrevocable letter of credit; (c) a cashier’s or certified check; or (d) another form of security specified in the BDS from a reputable source from an eligible country.
If the unconditional guarantee is issued by a non-bank financial institution located outside the Purchaser’s Country, the issuer shall have a correspondent financial institution located in the Purchaser’s Country to make it enforceable.

In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms or in another substantially similar format approved by the Purchaser prior to bid submission.
In either case, the form must include the complete name of the Bidder.

The Bid Security shall be valid for twenty- eight days (28) beyond the original validity period of the Bid, or beyond any period of extension if requested under ITB 18.2.

If a Bid Security is specified pursuant to ITB 19.1, any Bid not accompanied by a substantially 19.4 Section I – Instructions to Bidders 21 19.5 responsive Bid Security or Bid-Securing Declaration shall be rejected by the Purchaser as non- responsive.
If a Bid Security is specified pursuant to ITB 19.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB 45.

19.6 The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security.
19.7 The Bid Security may be forfeited or the Bid-Securing Declaration executed: (a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder in the Letter of Bid or any extension thereto provided by the Bidder; or (b) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB 44; or (ii) furnish a Performance Security accordance with ITB 45. in 19.8 The Bid Security or the Bid Securing Declaration of a JV shall be in the name of the JV that submits the bid.
If the JV has not been legally constituted into a legally enforceable JV at the time of Bidding, the Bid Security or the Bid Securing Declaration shall be in the names of all future partners as named in the letter of intent referred to in ITB 4.1 and ITB 11.2.

If a Bid Security is not required in the BDS, pursuant to ITB 19.1, and (a) 19.9 if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Letter of Bid; or Section I – Instructions to Bidders 22 20.
Format and Signing of Bid (b) if the successful Bidder fails to: sign the Contract in accordance with ITB 44; or furnish a Performance Security in accordance with ITB 45; the Recipient may, if provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Purchaser for a period of time as stated in the BDS.
20.1 The Bidder shall prepare one original of the documents comprising the Bid as described in ITB 11 and clearly mark it “ORIGINAL.” Alternative Bids, if permitted in accordance with ITB 13, shall be clearly marked “ALTERNATIVE.” In addition, the Bidder shall submit copies of the Bid, in the number specified in the BDS and clearly mark them “COPY.” In the event of any discrepancy between the original and the copies, the original shall prevail.
20.2 Bidders as shall mark “CONFIDENTIAL” information in their Bids which is confidential to their business.

This may include proprietary information, trade secrets, or commercial or financially sensitive information.

The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorised to sign on behalf of the Bidder.

This authorisation shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid.
The name and position held by each person signing the authorisation must be typed or printed below the signature.

All pages of the Bid where entries have been made shall be signed or initialed by the person signing the Bid.

In case the Bidder is a JV, the Bid shall be signed by an authorised representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorised representatives.
20.3 20.4 20.5 Any amendments, interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the Bid.

Section I – Instructions to Bidders 23 D. Submission and Opening of Bids 21.

Sealing and Marking of Bids 21.1 The Bidder shall deliver the Bid in a single, sealed envelope (one-envelope Bidding process).
Within the single envelope the Bidder shall place the following separate, sealed envelopes: (a) (b) in an envelope marked “ORIGINAL”, all documents comprising the Bid, as described in ITB 11; and in an envelope marked “COPIES”, all required copies of the Bid; and, (c) if alternative Bids are permitted in accordance with ITB 13, and if relevant: (i) in an envelope marked “ORIGINAL - ALTERNATIVE”, the alternative Bid; and (ii) the envelope marked “COPIES – in ALTERNATIVE BID” all required copies of the alternative Bid.
21.2 The inner and outer envelopes shall: (a) bear the name and address of the Bidder; (b) (c) (d) be addressed to the Purchaser in accordance with ITB 22.1; bear the specific identification of this Bidding process pursuant to ITB 1.1; and bear a warning not to open before the time and date for Bid opening.

21.3 If all envelopes and packages are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the Bid.
Section I – Instructions to Bidders 24 22.

Deadline for Submission of Bids 23.

Late Bids 24.

Withdrawal, Substitution, and Modification of Bids 22.1 Bids must be received by the Purchaser at the address and no later than the date and time indicated in the BDS.

When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically.

Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS.
The Purchaser may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Document in accordance with ITB 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

22.2 23.1 The Purchaser shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 22.
Any Bid received by the Purchaser after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by an authorised representative, and shall include a copy of the authorisation in accordance with ITB 20.2, (except that withdrawal notices do not require copies).
The corresponding substitution or modification of the Bid must accompany the respective written notice.
All notices must be: (a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawals notices do not require copies), and in addition, the respective envelopes shall be clearly “Substitution,” marked “Modification;” and “Withdrawal,” (b) received by the Purchaser prior to the deadline in prescribed accordance with ITB 22. for submission of Bids, 24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.
Section I – Instructions to Bidders 25 25.

Bid Opening 25.1 24.3 No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Letter of Bid or any extension thereof.
Except as in the cases specified in ITB 23 and ITB 24.2, the Purchaser shall publicly open and read out in accordance with this ITB all Bids received by the deadline, at the date, time and place specified in the BDS, in the presence of Bidders` designated representatives and anyone who chooses to attend.

Any specific electronic Bid opening procedures required in accordance with ITB 22.1, shall be as specified in the BDS.
First, envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding Bid shall not be opened but returned to the Bidder.

No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorisation to request the withdrawal and is read out at Bid opening.
if electronic Bidding is permitted 25.2 25.3 Next, envelopes marked “Substitution” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder.

No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorisation to request the substitution and is read out at Bid opening.
25.4 Next, envelopes marked “Modification” shall be opened and read out with the corresponding Bid.

No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorisation to request the modification and is read out at Bid opening.
25.5 Next, all other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether Section I – Instructions to Bidders 26 there is a modification; the Bid Price(s), per lot (contract) if applicable, including any discounts and alternative Bids; the presence or absence of Bid Security or Bid-Securing Declaration, if required; and any other details as the Purchaser may consider appropriate.
25.6 Only Bids, alternative Bids and discounts that are opened and read out at Bid opening shall be considered further in the evaluation.

The Letter of Bid and the Price Schedules are to be initialed by representatives of the Purchaser attending Bid opening in the manner specified in the BDS.

25.7 The Purchaser shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 23.1).
25.8 The Purchaser shall prepare a record of the Bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot (contract) if applicable, including any discounts and alternative Bids; and the presence or absence of a Bid Security or a Bid-Securing Declaration.

25.9 The Bidders’ representatives who are present shall be requested to sign the record.
The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record.

A copy of the record shall be distributed to all Bidders.

Section I – Instructions to Bidders 27 E. Evaluation and Comparison of Bids 26.
Confidentiality 26.1 Information relating to the evaluation of Bids and recommendation of contract award shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders, in accordance with ITB 44 or in the case of a Standstill Period an Intention to Award the Contract is transmitted to all Bidders in accordance with ITB 42.
26.2 Any attempt by a Bidder to influence improperly the Purchaser in the evaluation of the Bids or Contract award decisions may result in the rejection of its Bid.

26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the time of Contract award, if any Bidder wishes to contact the Purchaser on any matter related to the Bidding process, it should do so in writing.

27.
27.

Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid, allowing a reasonable time for response.

Any clarification submitted by a Bidder that is not in response to a request by the Purchaser shall not be considered.

The Purchaser’s request for clarification and the response shall be in writing.
No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the evaluation of the Bids, in accordance with ITB 31.

If a Bidder does not provide clarifications of its Bid by the date and time set in the Purchaser’s request for clarification, its Bid may be rejected.

27.2 Section I – Instructions to Bidders 28 28.
Deviations, Reservations, 28.1 During the evaluation of Bids, the following and Omissions definitions apply: (a) (b) (c) “Deviation” requirements Document; a departure is specified in from the the Bidding is the setting of “Reservation” limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document.

29.
29.

Determination of Responsiveness 29.1 The Purchaser’s determination a Bid’s responsiveness is to be based on the contents of the Bid itself, as defined in ITB 11. of 29.2 A substantially responsive Bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that: (a) if accepted, would: (i) affect in any substantial way the scope, quality, or performance of the Goods and Related Services the Contract; or specified in rights or the Bidding Document, (ii) limit in any substantial way, inconsistent the the Bidder’s with Purchaser’s obligations under the Contract; or the rectified, would unfairly affect if competitive position of other Bidders presenting substantially responsive Bids.
(b) 29.3 The Purchaser shall examine the technical aspects of the Bid submitted in accordance with ITB 16 and Section I – Instructions to Bidders 29 30.

Nonmaterial Nonconformities ITB 17, in particular, to confirm that all requirements of Section VI, Schedule of Requirements, have been met without any material deviation, reservation, or omission.
If a Bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the Purchaser and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

Provided that a Bid is substantially responsive, the Purchaser may waive any nonconformities in the bid that do not constitute a material deviation, reservation or omission.
29.4 30.1 30.2 Provided that a Bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements.

Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the Bid.

Failure of the Bidder to comply with the request may result in the rejection of its Bid.
Provided that a Bid is substantially responsive, the Purchaser shall rectify quantifiable nonmaterial nonconformities related to the Bid Price.

To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non- conforming item or component in the manner specified in the BDS.

30.3 Section I – Instructions to Bidders 30 31.
Correction of 31.1 Arithmetical Errors Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the following basis: (a) (b) (c) if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected; if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
31.2 Bidders shall be requested to accept correction of arithmetical errors.

Failure to accept the correction in accordance with ITB 31.1 shall result in the rejection of the Bid.

Section I – Instructions to Bidders 31 32.

Conversion to Single 32.1 Currency For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted into a single currency as specified in the BDS.

33.

Margin of Preference 33.1 Unless otherwise specified in the BDS, a margin of preference3 shall not apply.
34.

Evaluation of Bids 34.1 The Purchaser the criteria shall use and methodologies listed in this ITB and Section III, Evaluation and Qualification Criteria.

No other evaluation criteria or methodologies shall be permitted.

By and methodologies, the Purchaser shall determine the Most Advantageous Bid.
This is the Bid of the Bidder that meets the qualification criteria and whose Bid has been determined to be: applying criteria the (a) substantially Document; and responsive to the Bidding (b) the lowest evaluated cost.
34.2 To evaluate a Bid, the Purchaser shall consider the following: (a) (b) (c) (d) evaluation will be done for Items or Lots (contracts), as specified in the BDS; and the Bid Price as quoted in accordance with ITB 14; price adjustment for correction of arithmetic errors in accordance with ITB 31.1; price adjustment due to discounts offered in accordance with ITB 14.4; converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 32; 3 An individual firm is considered a regional Bidder for purposes of the margin of preference if it is registered in a CDB borrowing member country (BMC), has more than 50 percent ownership by nationals of CDB BMCs.
JVs are considered as regional Bidders and eligible for regional preference only if the individual member firms are registered in a BMC or have more than 50 percent ownership by nationals of CDB’s BMCs, and the JV shall be/is registered in a BMC.

JVs between firms who are not from CDB’s BMC and national firms will not be eligible for regional preference.
Section I – Instructions to Bidders 32 (e) price adjustment due to quantifiable non- material non-conformities in accordance with ITB 30.3; and (f) the additional evaluation factors are specified in Section III, Evaluation and Qualification Criteria.

34.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.
If this Bidding Document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated cost of the lot (contract) combinations, including any discounts offered in the Letter of Bid, is specified in Section III, Evaluation and Qualification Criteria.
34.4 34.5 The Purchaser’s evaluation of a Bid will exclude and not take into account: (a) (b) in the case of Goods manufactured in the Purchaser’s Country, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Bidder; in the case of Goods manufactured outside the Purchaser’s Country, already imported or to be imported, customs duties and other import taxes levied on the imported Good, sales and other similar taxes, which will be payable on the Goods if the contract is awarded to the Bidder; (c) any allowance for price adjustment during the period of execution of the Contract, if provided in the Bid.
34.6 The Purchaser’s evaluation of a Bid may require the consideration of other factors, in addition to the Bid Price quoted in accordance with ITB 14.

These factors Section I – Instructions to Bidders 33 35.

Comparison of Bids 36.

Qualification of the Bidder may be related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services.
The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of Bids, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria.

The criteria and methodologies to be used shall be as specified in ITB 34.2(f).

35.1 The Purchaser shall compare the evaluated costs of all substantially responsive Bids established in accordance with ITB 34.2 to determine the Bid that has the lowest evaluated cost.
The comparison shall be on the basis of CIP (place of final destination) prices for imported goods and EXW prices, plus cost of inland transportation and insurance to place of destination, for goods manufactured within the Recipient’s country, together with prices for any required installation, training, commissioning and other services.
The evaluation of prices shall not take into account custom duties and other taxes levied on imported goods quoted CIP and sales and similar taxes levied in connection with the sale or delivery of goods.

36.1 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated and substantially responsive Bid meets the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.
the documentary evidence of 36.2 The determination shall be based upon an examination of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17.

The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, Subcontractors (other than specialised Subcontractors if permitted in the Bidding Document), Subsuppliers or any other firm(s) different from the Bidder.
36.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder.

A negative Section I – Instructions to Bidders 34 37.

Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 38.

Standstill Period 39.


Notification of Intention to Award determination shall result in disqualification of the Bid, in which event the Purchaser shall proceed to the Bidder who offers a substantially responsive Bid with the next lowest evaluated cost to make a similar determination of that Bidder’s qualifications to perform satisfactorily.
37.1 The Purchaser reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to contract award, without thereby incurring any liability to Bidders.

In case of annulment, all Bids submitted and specifically, Bid securities, shall be promptly returned to the Bidders.

38.1 Where it is specified in the BDS that a standstill period applies, the Contract shall not be awarded earlier than the expiry of the Standstill Period.
The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 43.

The Standstill Period commences the day after the date the Purchaser has transmitted to each Bidder the Notification of Intention to Award the Contract.

Where only one Bid is submitted, or if this contract is in response to an emergency situation recognised by CDB, the Standstill Period shall not apply.
39.1 Subject to ITB 38 specifying that a standstill period applies, the Purchaser shall send to each Bidder the Notification of Intention to Award the Contract to the successful Bidder.
The Notification of Intention to Award shall contain, at a minimum, the following information: (a) the name and address of the Bidder submitting the successful Bid; (b) the Contract price of the successful Bid; (c) the names of all Bidders who submitted Bids, and their Bid prices as readout, and as evaluated; (d) a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notification is addressed) was unsuccessful, unless the price Section I – Instructions to Bidders 35 40.
Award Criteria 41.

Purchaser’s Right to Vary Quantities at Time of Award 42.

Notification of Award information in c) above already reveals the reason; (e) the expiry date of the Standstill Period; and (f) instructions on how to request a debriefing and/or submit a complaint during the standstill period.

F. Award of Contract to 40.1 Subject to ITB 37, the Purchaser shall award the the Most the Bidder offering Contract Advantageous Bid.
The Most Advantageous Bid is the Bid of the Bidder that meets the qualification criteria and whose Bid has been determined to be: (a) substantially Document; and responsive to the Bidding (b) the lowest evaluated cost.

41.1 At the time the Contract is awarded, the Purchaser reserves the right to increase or decrease the quantity of Goods and Related Services originally specified in Section VII, Schedule of Requirements, provided this does not exceed the percentages.
specified in the BDS, and without any change in the unit prices or other terms and conditions of the Bid and the Bidding Document.

42.1 Prior to the expiration of the Bid Validity Period and upon expiry of a Standstill Period, if specified in ITB 38.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Purchaser shall notify the successful Bidder, in writing, that its Bid has been accepted.
The notification of award (hereinafter and in the Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Purchaser will pay the Supplier in consideration of the execution of the Contract (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”).
Section I – Instructions to Bidders 36 42.2 Within two (2) weeks after the date of transmission of the Letter of Acceptance, the Purchaser shall publish the Contract Award Notice which shall contain, at a minimum, the following information: (a) name of each Bidder who submitted a Bid; (b) Bid prices as read out at Bid opening; (c) prices of each Bid as evaluated; (d) name of Bidders whose Bids were rejected and the reasons for their rejection; and (e) name of the winning Bidder, the final total contract price, the contract duration and a summary of the scope of the contract awarded.
42.3 The Contract Award Notice shall be published on the Purchaser's website with free access, or, if not available, in at least one newspaper of national circulation in the Purchaser's country, or in the official gazette.

The Contract Award Notice shall also be published by the Recipient on UNDB’s website.

42.4 Until a formal Contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract.
43.1 Where a standstill period is not employed, any Bidder who wishes to ascertain the grounds on which its Bid was not selected, may request an explanation from the Purchaser once the Contract Award Notice has been published.

The Purchaser shall promptly provide an explanation of why such Bid was not selected.

The debriefing shall not include point-by-point comparisons with another Bid(s) and information that is confidential or commercially sensitive to other Bidders.
43.2 Where a standstill period is employed: (a) on receipt of the Purchaser’s Notification of Intention to Award referred to in ITB 39.1, an unsuccessful Bidder has three (3) Business Days 43.

Debriefing by the Purchaser Section I – Instructions to Bidders 37 (b) the to make a written request to the Purchaser for a debriefing.
The Purchaser shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline; where a request for debriefing is received within the deadline, the Purchaser shall provide a debriefing within five (5) Business Days, unless the Purchaser decides, for justifiable reasons, to provide the debriefing outside this timeframe.

In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided.
If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after takes place.
The Purchaser shall promptly inform, by the quickest means available, all Bidders of the extended standstill period; and where a request for debriefing is received by the Purchaser later than the three (3)-Business Day deadline, the Purchaser should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract.
Requests for debriefing received outside the three (3)-day deadline shall not lead to extension of the standstill period.

43.3 The debriefings of unsuccessful Bidders referred to in 43.1 and 43.2 may be done in writing or verbally at the option of the Purchaser.

The Bidder shall bear their own costs of attending such a debriefing meeting.

last debriefing (c) 44.

Signing of Contract 44.1 The Purchaser shall send to the successful Bidder the the Contract including Letter of Acceptance Agreement.
44.2 The successful Bidder shall sign, date and return to the Purchaser the Contract Agreement within twenty-eight (28) days of its receipt.

44.3 Notwithstanding ITB 44.2 above, in case signing of the Contract Agreement is prevented by any export restrictions attributable to the Purchaser, to the country Section I – Instructions to Bidders 38 45.
Performance Security of the Purchaser, or to the use of the products/goods, systems or services to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/goods, systems or services, the Bidder shall not be bound by its Bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Purchaser and CDB that signing of the Contract Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorisations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract Agreement.
45.1 Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the Purchaser, the successful Bidder, if required, shall furnish the Performance Security in accordance with the GCC 18, using for that purpose the Performance Security Form included in Section X, Contract Forms, or another Form acceptable to the Purchaser.
If the Performance Security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Purchaser.

A foreign institution providing a bond shall have a correspondent financial institution located in the Purchaser’s Country, unless the Purchaser has agreed in writing that a correspondent financial institution is not required.
45.2 Failure of the successful Bidder to submit the above- mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security, or execution of the Bid Security Declaration.

In that event the Purchaser may award the Contract to the next lowest evaluated Bidder offering the next Most Advantageous Bid.

46.
46.

Procurement Related 46.1 The procedures for making a Procurement-related Complaints Complaint are as specified in the BDS.

Section II – Bid Data Sheet 39 Section II - Bid Data Sheet (BDS) The following specific data for the Goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB).

Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

ITB 1.1 The Purchaser is: The Government of Antigua and Barbuda A.
General The name of the ICB is: Procurement of Equipment for Antigua and Barbuda Institute of Continuous Education (ABICE) The identification number of the ICB is: 001/2023 The number and identification of lots (contracts) comprising this ICB is: ITB 1.2(a) ITB 2.1 One lot consisting of: Air- Conditioning and Refrigeration Equipment; Automotive and Bodyworks Equipment; and Welding Equipment Electronic bids are to be submitted, in accordance with ITB/BDS 22.1 The Recipient of CDB Financing is: The Government of Antigua and Barbuda - Office of the National Authorising Officer (ONAO) ITB 4.2 ITB 4.5 The name of the Project is: Enhanced Technical Vocational Education Training (TVET) Framework for Certification in Antigua and Barbuda Maximum number of members in the JV shall be: N/A website: A list of firms and individuals debarred by CDB is available on the Bank’s external https://www.caribank.org/about-us/corporate- governance/office-integrity-compliance-and-accountability/sanctioned- individuals-and-firms A list of firms and individuals publicly debarred under MDB Debarment and MDB Cross-Debarment (see footnotes 2 and 3 in Section 1 defining these terms) are available at: Asian Development Bank: https://www.adb.org/site/integrity/sanctions African Development Bank: https://www.afdb.org/en/projects- operations/debarment-and-sanctions-procedures European Bank for Reconstruction and Development: https://www.ebrd.com/ineligible-entities.html Inter-American Development Bank: https://www.iadb.org/en/transparency/sanctioned-firms-and-individuals Section II – Bid Data Sheet 40 World Bank: https://www.worldbank.org/en/projects- operations/procurement/debarred-firms B.
Contents of Bidding Document For clarification purposes only, the Purchaser’s address is: Attention: Ambassador Dr. Clarence Henry Office of the National Authorising Officer Street Address: Cnr Popeshead and Dickenson Bay Sts.

Floor/Room number: First Floor John Henry Building City: St. John’s Country: Antigua and Barbuda Telephone: (268) 562- 4504/5/7 Electronic mail address: barbaran.williams@ab.gov.ag A Pre-Bid meeting : shall not take place.
A site visit conducted by the Purchaser shall not be organised ITB 7.1 ITB 7.4 ITB 10.1 The language of the Bid is: English C. Preparation of Bids ITB 11.1 (j) The Bidder shall submit with its Bid the following additional documents ITB 13.1 ITB 14.5 ITB 14.6 where applicable: N/A Alternative proposals shall not be permitted.

The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract.
Prices quoted for each lot (contract) shall correspond at least one hundred (100) percent of the items specified for each lot (contract).

Prices quoted for each item of a lot shall correspond at least one hundred (100) percent of the quantities specified for this item of a lot.

ITB 14.7 ITB (b)(i) (c)(v) 14.8 and NB: Bids for less than 100% of items and quantities of items will not be accepted.
The version of the Incoterms is: Incoterm 2020 CIP (a) Goods supplied from outside the Purchaser’s Country: Named Place of Destination: CIP Deepwater Harbour Port, P.O Box 1052, Deepwater Harbour, St. John's, Antigua, W.I.
Place of Final Destination (Project Site): CIP Antigua and Barbuda Institute of Continuing Education (ABICE), Tomlinson’s Estate, St. George’s, Antigua Section II – Bid Data Sheet 41 The Supplier is required to arrange and pay for transportation the Goods to the Final Destination, according to the CIP term.
The Goods supplied shall be fully insured an All-risks basis, including War Risks, in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery.

The insurance shall be in an amount equal to 110% (a hundred and ten percent) of the Contract Price and valid until delivery of the Goods to the Final Destination.

The Supplier shall arrange and pay for the insurance, naming the Purchaser as the beneficiary.
ITB 15.1 ITB 16.4 The Bidder is required to quote in the currency of the Purchaser’s Country, the portion of the Bid price that corresponds to expenditures incurred in that currency.

Period of time the Goods are expected to be functioning (for the purpose of spare parts): 5 years.

A listing of spares and pricing is not required.


ITB 17.2 (a) Manufacturer’s authorisation is: Required for Items 21 and 22, and Items 72 through 74 - See Sections IV (paragraph 3.1(b)) and VII ITB 17.2 (b) After sales service is: Not Required The Bid validity period shall be until 30th November, 2023 ITB 18.1 ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): Not Applicable ITB 19.1 A Bid Security shall not be required.

A Bid-Securing Declaration shall be required.


If a Bid Security shall be required, the amount and currency of the Bid Security shall be: Not Applicable ITB 19.3 (d) Other types of acceptable securities: Not applicable ITB 19.9 ITB 20.1 ITB 20.3 ITB 22.1 If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or (b), the Recipient will declare the Bidder ineligible to be awarded a contract by the Purchaser for a period of two years from the date of Bid submission stated in ITB 22.1.
In addition to the original electronic original of the Bid, the number of copies is: NIL.

The written confirmation of authorisation to sign on behalf of the Bidder shall consist of: Power of attorney or copy of a corporate document authorizing the signatory to commit the Bidder.

D. Submission and Opening of Bids Bidders shall submit their Bids electronically and the electronic Bidding submission procedures shall be: Section II – Bid Data Sheet 42 1.
The Bidders must make submissions to the following email address: onao@ab.gov.ag 2.

The deadline for Bid submission is: Date: 158th September 2023; Time: 3:00 PM AST 3.

The Bid document must be submitted in the form of a password protected document.

4.

The Bidder should indicate that only the office of ONAO, shall open the bid using the “password key” for opening the Bidding document.

5.
5.

The password key only, shall be submitted via email to Ileathea.Cabral@ab.gov.ag at the time of submission deadline (158th September 2023, at 3:00 pm.

Antigua time) for the respective bids.

6.

The email title for bid submission and the password must include the Company Name, Bid for - Equipment for ABICE - Air- Conditioning and Refrigeration Equipment; Automotive and Bodyworks Equipment; and Welding Equipment” and the identification number of the ICB 001/2023 7.
The complete bid, including supporting documents must be attached to the email on or before the stipulated deadline.

8.

Bidders should submit email bid submissions in a single email and avoid sending multiple email submissions for the same opportunity.

9.

Attachments must not be compressed, must not contain a virus or malware, must not be corrupted and must be able to be opened.

Bidders submitting bids by email are solely responsible for ensuring that any emails or attachments are not corrupted.
The ONAO may reject bid submissions that are compressed, cannot be opened or that contain viruses or malware or corrupted attachments.

10.

The Bid will be deemed to have been received at the time that it is received by ONAO at the aforementioned email.

Once received, the Bidder will receive an email from the ONAO acknowledging receipt.

Bids will be opened 15 minutes after Bid submission time by the Purchaser’s bid evaluation committee.
Bid opening for Limited Bids shall not be in public and Bidders’ representative are not present.

However, the same procedures as stated in ITB 25.2 to 25.9 shall be followed except: ITB 25 Section II – Bid Data Sheet 43   ITB 25.6 the initialling of Bids will be replaced with the Purchaser’s record detailed in ITB 25.8 and signed by all the members of the Purchaser’s bid evaluation committee.

ITB 25.9 a copy of the bid opening record will not be provided to Bidders.
However, the Bid evaluation results will be available to Bidders in accordance with ITB 42.

E. Bid Evaluation and Comparison The adjustment shall be based on the highest price of the item or component as quoted in other substantially responsive Bids.

If the price of the item or component cannot be derived from the price of other substantially responsive Bids, the Purchaser shall use its best estimate.
The currency that shall be used for bid evaluation and comparison purposes to convert all Bid prices expressed in various currencies into a single currency is Eastern Caribbean Dollars (XCD).

The source of exchange rate shall be: Eastern Caribbean Central Bank The date for the selling exchange rate shall be: 185th September, 2023 A margin of regional preference shall not apply.
Evaluation will be done for: One lot consisting of: Air- Conditioning and Refrigeration; Automotive and Bodyworks Equipment; and Welding Equipment Note: Bids will be evaluated for the Lot specified in its complete form.

If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.
An item not listed in the Price Schedule shall be assumed to be not included in the Bid, and provided that the Bid is substantially responsive, the average or highest price (as specified in the BDS) of the item quoted by substantially responsive Bidders will be added to the Bid price and the equivalent total cost of the Bid so determined will be used for price comparison.
The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria: (a) (b) Deviation in Delivery schedule: No Deviation in payment schedule: Yes ITB 30.3 ITB 32.1 ITB 33.1 ITB 34.2 a) ITB 34.6 Section II – Bid Data Sheet 44 (c) (d) the cost of major replacement component, mandatory spare parts, and service: No the performance and productivity of the equipment offered; No ITB 38.1 A standstill period shall not apply ITB 41 The maximum percentage by which quantities may be increased is: 10% of the total Contract Price.
F. Award of Contract ITB 46.1 The maximum percentage by which quantities may be decreased is: 10% of the total Contract Price.

The procedures for making a Procurement-related Complaint are detailed in the Procurement Procedures for CDB Financed Projects (Annex 3).

Section III – Evaluation and Qualification Criteria 45 Section III.

Evaluation and Qualification Criteria Table of Criteria 1.

2.

3.

Margin of Preference (ITB 33) ................................ Error!
Bookmark not defined.46 Evaluation (ITB 34) ..................................................................................................... 46 Qualification (ITB 36).................................................................................................. 47 Section III – Evaluation and Qualification Criteria 46 Section III.
Evaluation and Qualification Criteria 1.1 Most Advantageous Bid: The Purchaser shall use the criteria and methodologies listed in Section 2 and 3 below to determine the Most Advantageous Bid.

The Most Advantageous Bid is the Bid of the Bidder that meets the qualification criteria and whose Bid has been determined to be: (a) substantially responsive to the Bidding Document; and (b) the lowest evaluated cost.

2.
2.

Evaluation (ITB 34) 2.1 The Purchaser’s evaluation of a Bid may take into account, in addition to the Bid Price quoted in accordance with ITB 14.8, one or more of the following factors as specified in ITB 34.2(f) and in BDS referring to ITB 34.6, using the following criteria and methodologies.

(a) Delivery schedule.


(As per Incoterms specified in the BDS) The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section VII, Supply Requirements.

No credit will be given to deliveries before the earliest date, and Bids offering delivery after the final date shall be treated as non-responsive.

(b) Deviation in payment schedule.


(Applicable as provided in BDS) Bidders shall state their Bid price for the payment schedule outlined in the SCC.

Bids shall be evaluated on the basis of this base price.

Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in Bid price they wish to offer for such alternative payment schedule.
The Purchaser may consider the alternative payment schedule and the reduced Bid price offered by the Bidder selected on the basis of the base price for the payment schedule outlined in the SCC.

(c) Cost of major replacement components, mandatory spare parts, and service.

Not applicable Section III – Evaluation and Qualification Criteria 47 (d) Availability in the Purchaser’s Country of spare parts and after sales services for equipment offered in the Bid: Not applicable 3.
Qualification (ITB 36) 3.1 After determining the Most Advantageous Bid in accordance with ITB 34, the Purchaser shall carry out the post-qualification of the Bidder in accordance with ITB 36, using only the requirements specified.

Requirements not included in the text below shall not be used in the evaluation of the Bidder’s qualifications.
(a) If the Bidder is a manufacturer: (i) Financial Capability Three (3) years (2019, 2020 and 2021) of audited financial statements or unaudited if they are legally not required to prepare such documents to demonstrate the current soundness of the Bidder’s financial position and indicate its prospective long-term profitability.

(ii) Experience and Technical Capacity The Bidder shall furnish documentary evidence to demonstrate that it meets the following experience requirement(s): a.
Written evidence of sales since January 1, 2018 to named buyer(s) of three contracts of the same/similar equipment and each contract of equal or higher value of this contract.

(iii) Documentary Evidence The Bidder shall furnish documentary evidence to demonstrate that the Goods it offers meet the following requirement: appropriate documentation that Goods [Items 21 and 22 and Items 72 through 74] manufactured to applicable industry standards.
(b) If Bidder is not a manufacturer: Section III – Evaluation and Qualification Criteria 48 If a Bidder is not a manufacturer but is offering the Goods on behalf of the Manufacturer then a completed Manufacturer's Authorisation Form (Section IV, Bidding Forms) is required for Items 21 and 22 and Items 72 through 74 – refer Section VII.

In addition, the Manufacturer shall demonstrate the above qualifications (i), (ii), (iii).
The Bidder shall provide written evidence of sales since January 1, 2018 to named buyer(s) of at least one contract of the same/similar equipment and each contract of equal or higher value of this contract Section IV − Bidding Forms 49 Section IV.
Bidding Forms Table of Forms Letter of Bid................................................................................................................................. 50 Bidder Information Sheet........................................................................................................... 53 Partner to JV Information Sheet ............................................................................................... 54 Price Schedule for Goods and Related Services ....................................................................... 55 Price Schedule: Goods Manufactured Outside the Purchaser’s Country, to be Imported .
56 Price Schedule: Goods Manufactured Outside the Purchaser’s Country, already imported ....................................................................................................................................................... 57 Price Schedule: Goods Manufactured in the Purchaser’s Country ....................................... 58 Form of Bid-Securing Declaration ............................................................................................ 59 Manufacturer's Authorisation ............................................................................................... 6059 Section IV − Bidding Forms 50 Letter of Bid INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.
Note: All italicised text in is to help Bidders in preparing this form.

Date: [insert date (as day, month and year) of Bid submission] ICB No.

: [insert identification number] Alternative No.
: [insert identification No if this is a Bid for an alternative] To: [insert complete name of Purchaser] We, the undersigned, declare that: (a) (b) (c) (d) No reservations: We have examined and have no reservations to the Bidding Document, including Addenda issued in accordance with Instructions to Bidders (ITB 8); Eligibility and no conflicts of interest: We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4; Bid-Securing Declaration: We have not been suspended nor declared ineligible by the Purchaser based on execution of a Bid-Securing or Proposal-Securing Declaration in the Purchaser’s country in accordance with ITB 4.7; Conformity: We offer to supply in conformity with the Bidding Document and in accordance with the Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a brief description of the Goods and Related Services]; (e) Bid Price: The total price of our Bid, excluding any discounts offered in item (f) below is: (f) Discounts: The discounts offered and the methodology for their application are: Section IV − Bidding Forms 51 (i) The discounts offered are: [Specify in detail each discount offered.]
(ii) The exact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts]; Bid Validity Period: Our Bid shall be valid for the period specified in BDS 18.1 (as amended, if applicable) from the date fixed for the Bid submission deadline specified in BDS 22.1 (as amended, if applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of that period; Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in accordance with the Bidding Document; Not required One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not participating in any other Bid(s) as a Joint Venture member or as a Subcontractor or Subsupplier, and meet the requirements of ITB 4.2, other than alternative Bids submitted in accordance with ITB 13; Suspension and Debarment: We, along with any of our Subcontractors, Subsuppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by CDB or subject to a public debarment by an MDB which is a signatory to the Agreement on Mutual Enforcement of Debarment Decisions.
Further, we are not ineligible under the Purchaser’s country laws or official regulations or pursuant to a decision of the United Nations Security Council; State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a state-owned enterprise or institution] / [We are a state- owned enterprise or institution but meet the requirements of ITB 4.8]; Commissions, gratuities, fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity].
(g) (h) (i) (j) (k) (l) Section IV − Bidding Forms 52 Name of Recipient Address Reason Amount (If none has been paid or is to be paid, indicate “none.”) (m) Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed; and (n) (o) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated Bid, the Most Advantageous Bid or any other Bid that you may receive.
Prohibited Practices: We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in Prohibited Practices, as defined in Section VI of the Bidding Document.
Name of the Bidder:*[insert complete name of person signing the Bid] Name of the person duly authorised to sign the Bid on behalf of the Bidder:**[insert complete name of person duly authorised to sign the Bid] Title of the person signing the Bid: [insert complete title of the person signing the Bid] Signature of the person named above: [insert signature of person whose name and capacity are shown above] Date signed [insert date of signing] day of [insert month], [insert year] Date signed ________________________________ day of _______________________, _____ *In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder.
**Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid.

Section IV – Bidding Forms 53 Bidder Information Sheet Date: [insert day, month, year] ICB No.

and title: [insert ICB number and title] Page [insert page number] of [insert total number] pages 1.

Bidder's legal name: [insert full legal name] 2.

In case of Joint Venture (JV), legal name of each partner: [insert full legal name of each partner in JV] 3.
Bidder’s actual or intended country of constitution: [indicate country of constitution] 4.

Bidder’s actual or intended year of constitution: [indicate year of constitution] 5.

Bidder's legal address in country of registration: [insert street/ number/ town or city/ country] 6.
Bidder's authorised representative information: Name: [insert full legal name] Address: [insert street/ number/ town or city/ country] Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes] E-mail address: [indicate e-mail address] 7.

Attached are copies of original documents of:  Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named above, in accordance with ITB 4.2.
 In case of state-owned enterprise or institution, in accordance with ITB 4.8 documents establishing:   Legal and financial autonomy Operation under commercial law 8.

Included are the organisational chart, a list of Board of Directors, and the beneficial ownership.

Section IV − Bidding Forms 54 Partner to JV Information Sheet [The following form shall be completed to provide information relating to each JV member] Date: [insert day, month, year] ICB No.
and title: [insert ICB number and title] Page [insert page number] of [insert total number] pages 1.

Bidder’s JV name: [insert full legal name] 2.

3.

4.

5.

JV member’s name: [insert full legal name of Applicant’s Party] JV member’s country of registration: [indicate country of registration] JV member's year of constitution: [indicate year of constitution] JV member’s legal address in country of registration: [insert street/number/town or city/country] 6.
JV member’s authorised representative information Name: [insert full legal name] Address: [insert street/number/town or city/country] Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes] E-mail address: [indicate e-mail address] 7.

Attached are copies of original documents of:    Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named above, in accordance with ITB 4.2.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.2.

In case of state-owned enterprise or institution, in accordance with ITA 4.8 documents establishing:   Legal and financial autonomy Operation under commercial law.

8.

Included are the organisational chart, a list of Board of Directors, and the beneficial ownership.
Section IV − Bidding Forms 55 Price Schedule for Goods and Related Services [The Bidder shall fill in these Price Schedule Forms in accordance with the instructions indicated.

The list of line items in column 1 of the Price Schedules shall coincide with the List of Goods and Related Services specified by the Purchaser in the Schedule of Requirements.]
Section IV − Bidding Forms 56 Price Schedule: Goods Manufactured Outside the Purchaser’s Country, to be Imported (Group C Bids, goods to be imported) Currencies in accordance with ITB 15 Date: _________________________ ICB No: _____________________ Alternative No: ________________ Page N ______ of ______ 1 Line Item N [insert number of the item] 2 Description of Goods 3 Country of Source/Origi n 4 Delivery Date as defined by Incoterms 5 Quantity and physical unit 6 Unit price CIP [insert place of destination] in accordance with ITB 14.8(b)(i) 7 CIP Price per line item (Col. 5x6) 9 Total Price per Line item (Col. 7+8) 8 Price per line item for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination specified in BDS [insert name of good] [insert country of source/ origin of the Good] [insert quoted Delivery Date] [insert number of units to be supplied and name of the physical unit] [insert unit price CIP per unit] [insert total CIP price per line item] [insert the corresponding price per line item] [insert total price of the line item] Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert Date] Total Price Section IV − Bidding Forms 57 Price Schedule: Goods Manufactured Outside the Purchaser’s Country, already imported* (Group C Bids, Goods already imported) Currencies in accordance with ITB 15 1 Line Item N 2 3 Description of Goods Country of Source/Ori gin 4 Delivery Date as defined by Incoterms 5 Quantity and physical unit [insert name of Goods] [insert number of the item] [insert country of Source/ origin of the Good] [insert quoted Delivery Date] [insert number of units to be supplied and name of the physical unit] 6 Unit price including Custom Duties and Import Taxes paid, in accordance with ITB 14.8(c)(i) 7 Custom Duties and Import Taxes paid per unit in accordance with ITB 14.8(c)(ii) , [to be supported by documents] 8 Unit Price net of custom duties and import taxes, in
 accordance with ITB 14.8 (c) (iii) (Col. 6 minus Col.7) 9 Price per line item net of Custom Duties and Import Taxes paid, in accordance with ITB 14.6c)(i) (Col. 58) [insert unit price per unit] [insert custom duties and taxes paid per unit] [insert unit price net of custom duties and import taxes] [ insert price per line item net of custom duties and import taxes] Date: _________________________ ICB No: _____________________ Alternative No: ________________ Page N ______ of ______ 10 Price per line item for inland transportation and other services required in the Purchaser’s Country to convey the goods to their final destination, as specified in BDS in accordance with ITB 14.8 (c)(v) [insert price per line item for inland transportation and other services required in the Purchaser’s Country] 12 Total Price per line item (Col. 9+10) 11 Sales and other taxes paid or payable per item if Contract is awarded (in accordance with ITB 14.8(c)(iv) [insert total price per line item] [insert sales and other taxes payable per item if Contract is awarded] Total Bid Price Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date] * [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the Purchaser.
For clarity the Bidders are asked to quote the price including import duties, and additionally to provide the import duties and the price net of import duties which is the difference of those values.]
Section IV − Bidding Forms 58 Price Schedule: Goods Manufactured in the Purchaser’s Country Purchaser’s Country ______________________ (Group A and B Bids) Currencies in accordance with ITB 15 2 Description of Goods 1 Line Item N 3 Delivery Date as defined by Incoterms 4 Quantity and physical unit 5 Unit price EXW 6 Total EXW price per line item (Col. 45) 7 Price per line item for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination.
8 Cost of local labor, raw materials and components from with origin in the Purchaser’s Country % of Col. 5 Date: _________________________ ICB No: _____________________ Alternative No: ________________ Page N ______ of ______ 9 Sales and other taxes payable per line item if Contract is awarded (in accordance with ITB 14.8(a)(ii) 10 Total Price per line item (Col. 6+7) [insert number of the item] [insert name of Good] [insert quoted Delivery Date] [insert EXW unit price] [insert total EXW price per line item] [insert the corresponding price per line item] [insert sales and other taxes payable per line item if Contract is awarded] [insert total price per item] [Insert cost of local labor, raw material and components from within the Purchase’s country as a % of the EXW price per line item] [insert number of units to be supplied and name of the physical unit] Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date] Total Price Section IV – Bidding Forms 59 Form of Bid-Securing Declaration Date: [insert date (as day, month and year)] Bid No.
: [insert number of Bidding process] Alternative No.

: [insert identification No if this is a Bid for an alternative] To: [insert complete name of Purchaser] We, the undersigned, declare that: We understand that, according to your conditions, Bids must be supported by a Bid-Securing Declaration.
We accept that we will automatically be suspended from being eligible for Bidding in any contract with the Recipient for the period of time of [insert number of months or years] starting on [insert date], if we are in breach of our obligation(s) under the Bid conditions, because we: (a) (b) have withdrawn our Bid during the period of Bid validity specified in the Letter of Bid; or having been notified of the acceptance of our Bid by the Purchaser 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 ITB.
We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration] Name: [insert complete name of person signing the Bid-Securing Declaration] Duly authorised to sign the Bid for and on behalf of: [insert complete name of Bidder] Dated on ____________ day of __________________, _______ [insert date of signing] Corporate Seal (where appropriate) [Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to the Joint Venture that submits the Bid.]
Section IV – Bidding Forms 60 Manufacturer’s Authorisation [The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated.

This letter of authorisation should be signed by a person with the proper authority to sign documents that are binding on the Manufacturer.

The Bidder shall include it in its Bid, if so indicated in the BDS.]

Date: [insert date (as day, month and year) of Bid Submission] ICB No.

: [insert number of bidding process] Alternative No.
: [insert identification No if this is a Bid for an alternative] To: [insert complete name of Purchaser] WHEREAS We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby authorise [insert complete name of Bidder] to submit a Bid the purpose of which is to provide the following goods, manufactured by us [insert name and or brief description of the goods], and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 28 of the General Conditions, with respect to the goods offered by the above firm.
Signed: [insert signature(s) of authorised representative(s) of the Manufacturer] Name: [insert complete name(s) of authorised representative(s) of the Manufacturer] Title: [insert title] Duly authorised to sign this Authorisation on behalf of: [insert complete name of Manufacturer] Dated on ____________ day of __________________, _______ [insert date of signing] Note: All italicised text is for use in preparing this form and shall be deleted from the final product.
Section V – Eligible Countries 61 Section V. Eligible Countries In reference to ITB 4.3 eligible countries are: [attention drawn to paragraph 3] CDB - EUROPEAN UNION ELIGIBILITY RULES CARIFORUM-EU ECONOMIC PARTNERSHIP AGREEMENT AND THE CARICOM SINGLE MARKET AND ECONOMY STANDBY FACILITY FOR CAPACITY BUILDING PARTICIPATION IN PROCEDURES FOR THE AWARDING OF PROCUREMENT CONTRACTS OR GRANT CONTRACTS 1.
Participation in procedures for the award of procurement contracts financed under the CDB-EU Contribution Agreement for the Implementation for the Action entitled: “CARIFORUM – European Union Economic Partnership Agreement (EPA) and the CARICOM Single Market and Economy (CSME) Standby Facility for Capacity Building” is open to (a) international organisations and (b) all natural persons who are nationals of, or legal persons who are established in, an eligible country1 meeting the requirements of section 3 but the supplies and materials purchased under a contract financed from the Facility may originate in any country.
2.

Eligible countries2 are deemed to be: (a) Caribbean Development Bank member countries: Anguilla, Antigua and Barbuda, Barbados, Belize, Brazil, British Virgin Islands, Canada, Cayman Islands, China, Columbia, Dominica, Germany, Grenada, Guyana, Haiti, Jamaica, Italy, Mexico, Montserrat, St Kitts and Nevis, Saint Lucia, St Vincent and the Grenadines, Suriname, The Bahamas, Trinidad and Tobago, Turks and Caicos Islands, the United Kingdom and Venezuela.
(b) Members of the “African, Caribbean and Pacific (ACP) Group of States3”: 1 This document lists all eligible countries under this Facility.

Eligible countries under the EPA-CSME Standby Facility are CDB member countries, EU member countries and other countries eligible for participating in procurement procedures for EU-funded projects.
The latter are listed in Annex A2a (“Eligibility programmes 2014-2020”) of the PRAG 2021 (“Contract Procedures for European Union External Action – A Practical Guide”), PART II: Rules on nationality and origin for public procurement, grants and other award procedures financed under the ACP-EC Partnership Agreement, laid down in Annex IV to the latter Agreement as revised by Decision No 1/2014 of the ACP-EU Council of Ministers of 20 June 2014 (2014/428/EU).
2 Note some countries may be eligible by virtue of more than one category.
3 Cotonou Partnership Agreement of 23 June 2000 (as amended by the provisional application of Decision No 1/2000 of the ACP- EC Council of Ministers of 27 July 2000, Decision No 1/2000 of the ACP-EC customs cooperation committee of 18 October 2000, Decision No 1/2001 of the ACP-EC customs cooperation committee of 20 April 2001, Decision No 2/2001 of the ACP- EC customs cooperation committee of 20 April 2001, Decision No 3/2001 of the ACP-EC customs cooperation committee of 10 May 2001, Decision No 4/2001 of the ACP-EC customs cooperation committee of 27 June 2001, Decision No 5/2001 of the ACP-EC customs cooperation committee of 7 December 2001, Decision No 2/2002 of the ACP-EC customs cooperation committee of 28 October 2002, Decision No 1/2003 of the ACP-EC Council of Ministers of 16 may 2003, Council Decision (EC) of 19 December 2002, Decision No 1/2004 of the ACP-EC Council of Ministers of 6 may 2004, Decision No 2/2004 of the Section V – Eligible Countries 62 Africa: South Africa 4 , Angola, Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Cameroon, Cape Verde, Chad, Comoros Islands, Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Equatorial Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mauritania, Mozambique, Namibia, Niger, Nigeria, Uganda, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Togo, Zambia and Zimbabwe.
Caribbean: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago.

Pacific: Cook Islands, East Timor, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru, Niue, Palau, Papua New Guinea, the Solomon Islands, Western Samoa, Tonga, Tuvalu, Vanuatu.
Overseas Countries and Territories: Anguilla, Antarctic, Netherlands Antilles, Aruba, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands (Malvinas), French Polynesia, French Southern Territories, Greenland, Mayotte, Montserrat, New Caledonia, Pitcairn, Saint Helena, Saint Pierre and Miquelon, South Georgia and South Sandwich Islands, Turks and Caicos, Wallis and Futuna Islands.
(c) A Member State of the European Union: Austria, Belgium, Bulgaria, Croatia, Czech republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom5.
An official candidate country of the European Union (countries beneficiaries of the Instrument for Pre-Accession Assistance): Albania, Bosnia and Herzegovina, Kosovo, Montenegro, Serbia, Turkey, Republic of ACP - EC customs cooperation committee of 30 June 2004 and Decision No 4/2005 of the ACP-EC customs cooperation committee of 13 April 2005).

4 Natural and legal South African persons are eligible to participate in contracts financed by the 10th/11th EDF.
However, the 10th/11th EDF does not finance contracts in South Africa.

5 The United Kingdom ceased to be an EU Member State on the 31 of January 2020.

Pursuant to the Withdrawal Agreement concluded between the EU and the UK, references to the eligibility of ‘Member States’ for participation in programmes under the current 2014-2020 MFF and the EDFs also cover the United Kingdom (Article 127(6), Article 137 and Article 152(1) Withdrawal Agreement).

Section V – Eligible Countries 63 North Macedonia.


A Member State of the European Economic Area: Iceland, Lichtenstein, Norway.
(d) Overseas Countries and Territories (OCTs) Anguilla (UK), Aruba (NL), Bermuda (UK), British Indian Ocean Territory (UK), British Virgin Islands (UK), Cayman Islands (UK), Curação (NL), Falkland Islands (UK), French Polynesia (FR), French Southern and Antarctic Territories (FR), Greenland (DK), Montserrat (UK), New Caledonia and Dependencies (FR), Pitcairn (UK), Saba (NL), Saint Barthelemy (FR), Saint Helena Ascension Island Tristan da Cunha (UK), Sint Eustatius (NL), Sint Maarten (NL), South Georgia and South Sandwich Islands (UK), St. Pierre and Miquelon (FR), Turks and Caicos (UK), Wallis and Futuna Islands (FR).
(e) Developing countries and territories as included in the OECD-DAC list of ODA Recipients, which are not members of the G20 group6: Least Developed Countries7: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Djibouti, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Lao People's Democratic Republic, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Sao Tome & Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, Zambia.
Other Low Income Countries: Democratic People’s Republic of Korea, Zimbabwe.
Lower Middle Income Countries and Territories: Armenia, Bolivia, Cabo Verde, Cameroon, Congo, Côte d´Ivoire, Egypt, El Salvador, Georgia, Ghana, Guatemala, Honduras, India, Indonesia, Jordan, Kenya, Kosovo, Kyrgyzstan, Micronesia, Moldova, Mongolia, Morocco, Nicaragua, Nigeria, Pakistan, Papua New Guinea, Philippines, Sri Lanka, Swaziland, Syrian Arab Republic, Tajikistan, Tokelau, Tunisia, Ukraine, Uzbekistan, Vietnam, West Bank and Gaza Strip.
Upper Middle Income Countries and Territories: Albania, Algeria, Antigua and Barbuda, Argentina, Azerbaijan, Belarus, Belize, Bosnia and Herzegovina, Botswana, Brazil, China (People’s Republic of), Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, Equatorial 6 Without prejudice to the status of the Republic of South Africa, as governed by Protocol 3 of the partnership Agreement.

7 As defined by the United Nations (UN).


Section V – Eligible Countries 64 Guinea, Fiji, Republic of North Macedonia, Gabon, Grenada, Guyana, Iran, Iraq, Jamaica, Kazakhstan, Lebanon, Libya, Malaysia, Maldives, Marshall Islands, Mauritius, Mexico, Montenegro, Montserrat, Namibia, Nauru, Niue, Palau, Panama, Paraguay, Peru, Saint Helena, Saint Lucia, Saint Vincent & the Grenadines, Samoa, Serbia, South-Africa, Suriname, Thailand, Tonga, Turkey, Turkmenistan, Venezuela, Wallis and Futuna.
Participation in procedures for the award of procurement contracts or grants financed from the Facility shall be open to all natural persons who are nationals of, or legal persons established in any country where reciprocal access to external assistance has been established by the Commission.
Reciprocal access may be granted, for a limited period of at least one year, whenever a country grants eligibility on equal terms to entities from the EU and from the OCTs (f) Member States of the OECD in the case of contracts exclusively implemented in a Least Developed Country8: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Australia, Canada, Chile, Iceland, Israel, Japan, Korea, Mexico, New Zealand, Norway, Switzerland, Turkey, United States of America.
3.
Bidders or joint venture partners shall have the nationality of an eligible country as detailed in Paragraph 2 and shall comply with the following: (a) (b) (c) be legally constituted, incorporated or registered in and operates in conformity with the provisions of the laws of an eligible country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be, and have their principal place of business in an eligible country; be more than fifty (50) percent beneficially-owned by a citizen or citizens and/or a bona fide resident or residents of an Eligible Country, or by a body corporate or bodies meeting these requirements, as far as the ownership can be reasonably determined; and shall have no arrangement and undertake not to make any arrangement whereby the majority of the financial benefits of the contract, i.e.
more than fifty (50) percent of the value of the contract, will accrue or be paid to sub-contractors or sub-consultants that are not from an Eligible Country.

Supplies and materials purchased under a contract financed from the Facility may originate in any country, notwithstanding the requirements detailed in sections 1, 2 and 3.

The Bank and EU eligibility requirements are subject to change by the Bank and the EU.
Caveat: The applicant is responsible for checking whether there have been any updates on the eligibility requirements, as well as the UN’s list of Least Developed Countries.

8 LDCs are listed in (e).


Section V – Eligible Countries 65 In reference to ITB 4.9, for the information of the Bidders, at the present time firms and individuals, supply of goods, or contracting of works or services, from the following countries are excluded from this bidding process: Under ITB 4.9(a): None Under ITB 4.9(b): None Section VI - Prohibited Practices and Other Integrity Matters 66 Section VI.

Prohibited Practices and Other Integrity Related Matters 1.
CDB has a Strategic Framework for Integrity, Compliance and Accountability that articulates CDB’s adherence to the highest standards of integrity, ethics and accountability with zero tolerance for fraud, corruption money laundering, terrorist financing and similarly corrosive conduct.
CDB requires that recipients, as well as bidders, proposers, firms, suppliers, Subsuppliers, service providers, contractors, Subcontractors, Consultants, subconsultants, project promoters, sponsors, beneficiaries of CDB financing and parties bound by special provisions pursuant to CDB financed contracts, as well as their respective officers, employees and agents, observe the highest standard of integrity during the procurement and/or the execution of CDB-financed contracts and refrain from integrity violations, particularly Prohibited Practices (as defined below).
In pursuance of this requirement, CDB: (a) defines, for the purposes of this provision, Prohibited Practices as follows: (i) (ii) (iii) (iv) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the action of another party; “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party, or the property of the party, to influence improperly the actions of a party; and (v) “obstructive practice” is: (aa) deliberately destroying, falsifying, altering, or concealing of evidence related to an investigation or making false statements or false allegation to CDB in order to impede a CDB investigation into allegations of an integrity violation particularly Prohibited Practices; and/or threatening, harassing, or intimidating any party to delay or prevent it from sharing evidence or disclosing its knowledge of matters relevant the the investigation; or investigation or from pursuing to Section VI - Prohibited Practices and Other Integrity Matters 67 (bb) acts which impede the exercise of CDB’s access, inspection and audit rights provided for under Paragraph 1 (f) below.
(b) will not provide relevant no-objections and will reject a proposal for award if it determines that the Bidder or Proposer: (i) (ii) (iii) has directly or through an agent, engaged in any Prohibited Practice in competing for the contract in question; is subject to a decision of the UN Security Council taken under Chapter VII of the Charter of the UN, in accordance with Paragraph 4.04 (ii) of the Procurement Procedures for Projects Financed by CDB; or is suspended or debarred by CDB for engaging in Prohibited Practices or against whom an MDB Debarment or MDB Cross- Debarment has been imposed, in accordance with Paragraph 4.04 (iii) of the Procurement Procedures for Projects Financed by CDB.
Notwithstanding the above, CDB may in its sole discretion, following a formal request from the Recipient, provide a no- objection to a Shortlist, prequalification list or recommendation for award that includes a sanctioned Bidder(s) or Proposer(s) against whom an MDB Debarment or MDB Cross-Debarment has been imposed if so warranted by the circumstances and having regard for the integrity and other risks to CDB; (c) (d) (e) (f) may temporarily suspend an individual or entity from: (a) receiving a payment in respect of a CDB-financed project, to the extent contractually permissible, where to make the payment could result in harm to CDB; or (b) participating in or being awarded a contract for a project financed by CDB; will usually impose such sanctions as applicable including to cancel all or a portion of the CDB Financing allocated to a contract if it determines at any time that representatives of the Recipient or the Recipient engaged in Prohibited Practices during the procurement or the execution of that contract, without the Recipient having taken timely and appropriate action satisfactory to CDB to remedy the situation; may maintain on its website or other publicly accessible platforms a list of Firms and individuals sanctioned by CDB; and requires Bidders, Proposers, Firms, Suppliers, service providers, Contractors, Subcontractors, Consultants, subconsultants, Subsuppliers, project promoters, sponsors, beneficiaries of CDB financing and parties Section VI - Prohibited Practices and Other Integrity Matters 68 bound by special provisions pursuant to CDB financed contracts, as well as their respective officers, employees and agents to: (i) cooperate promptly, fully and in good faith with any audit or investigation conducted by CDB to determine whether any wrongdoing or integrity violation, specifically a Prohibited Practice has occurred, (ii) respond promptly and in reasonable detail to any notice from CDB, (iii) furnish documentary support for such response upon CDB’s request; (iv) make available to CDB for interviews their employees and agents to respond to questions from any investigator, agent, auditor or consultant designated by the CDB to conduct an investigation; and (v) provide access to, inspect and make copies of their accounts and records and other documents relating to the Bid/Proposal submission, contract performance and to have them audited by auditors appointed by CDB and/or subjected to investigation by CDB’s Office of Integrity, Compliance and Accountability.
2.

3.

With the specific agreement of CDB, a Recipient may introduce, into Bid forms for contracts financed by CDB, an undertaking of the Bidder/Proposer to observe, in competing for and executing a contract, the laws of the country in which the Project is being carried out against Prohibited Practices, as listed in the tender or RFP documents, and similar associated documents1.
CDB will accept the introduction of such undertaking at the request of a BMC, provided the arrangements governing such undertaking are satisfactory to CDB.
When conducting the evaluation of Bids/Proposals, the Recipient shall conduct integrity due diligence on Bidders/Proposers including to assess and mitigate any risks related to Prohibited Practices they may present and to check the eligibility of Bidders/Proposers against the lists of Firms and individuals temporarily suspended or debarred, pursuant to Paragraphs 1.

(b), (c) and (d) above.


The Recipient shall apply additional due diligence by closely supervising and monitoring any on-going contract (whether under prior or post review) executed by a Firm or individual which has been suspended or debarred in accordance with Paragraph 1.

(b) and (c) after such contract was signed.


The Recipient shall neither sign any new contracts nor sign any amendment, including any extension of time for completion, to an on-going contract with a temporarily suspended or debarred Firm or individual after the effective date of the suspension or debarment without CDB’s prior review and no-objection (whether under prior or post review).

PART 2 - Supply Requirements Section VII – Supply Requirements 70 Section VII.

Supply Requirements Table of Contents 1.


List of Goods and Delivery Schedule……………………………………………………71 2.

Technical Specifications ....................................................................................................76 Section VII – Supply Requirements 71 1.
List of Goods and Delivery Schedule Line Item N° Description of Goods Quantity Unit of Measurement Final Destination (Project Site) as specified in BDS Delivery (as per Incoterms) Date Earliest Delivery Date Latest Delivery Date Bidder’s offered Delivery date [to be provided by the Bidder] 1.

2.

3.

4.

5.

6.
2.

3.

4.

5.

6.

Dosiac Recovery Machine Dvr250 CPS digital multimeter DM350, VDC, VAC, Ohms, Capacitance, Frequency and temperature 2 Stage Vacuum pump 4.5 CFM 110V/50-60hz Refrigerant charging scale RCS- N9030 9" Commercial Electric Pliers 7pc Screwdriver Pittsburgh Electrician 7.

Hydraulic FLARE and SWAGE KIT CT-400A-L 8.

QTR-4060DR DIGITAL walk-in thermometer solar powered 9.

Modern and conditioning 21st edition - book refrigeration air 10.

11.

12.
11.

12.

Tube Cutter 4-30mm Premium Large tube cutter UL rated electrical tape black.

3/4" x60' 13.
3/4" x60' 13.

Refrigerant FREON R134A 30lbs 1 2 1 1 4 4 2 2 1 4 4 1 2 1 1 4 4 2 2 1 4 4 10 2 10 2 ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE 15 days 15 days 90 days 90 days 15 days 90 days 15 days 90 days 15 days 15 days 90 days 90 days 15 days 90 days 15 days 90 days 15 days 90 days 15 days 15 days 15 days 90 days 90 days 90 days 15 days 90 days Section VII – Supply Requirements 72 14.

Air conditioning unit - Servicing wash bag for 12K small split inside unit 15.
Air conditioning unit - Servicing bag for 18K split inside unit with drain flex.

16.

Air conditioning unit - Servicing bag for 24K split inside unit with drain flex.

Portable welding cutting outfit 17.

18.

RECOVERY TANK 30lbs 19.

RECOVERY TANK 50lbs 20.

Battery pressure sprayer 130psi 12V, 4.5 Gal.

21.

22.

23.

24.

25.


V89 Wheel Alignment Machine 3D/Tire Aligner System*** APlus Lift HW-10KBP 10000LB 2- Post Heavy Duty Floor Plate Car Lift Truck Hoist *** 2023 LAUNCH X431 PRO3S+Elite Car OBD2 Scanner Diagnostic Tool Key Coding TPMS JEGS 80041 Red Engine Stand 1250lbs Capacity 360 Degree Head Motor Stand Sungold power Arc MMA 200A Welder Dual 110/200V IGBT Hot Start Welding Machine DC Inverter 26.

MIG-200, 200 AMP MIG Lift TIG Stick Arc 3-1 27.


60 Gallon Air Compressor 2 2 2 1 1 1 1 1 1 1 1 1 1 1 ABICE 15 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE ABICE ABICE ABICE ABICE 15 days 15 days 15 days 15 days 90 days 90 days 90 days 90 days 15 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE ABICE 15 days 90 days 15 days 90 days 2 2 2 1 1 1 1 1 1 1 1 1 1 1 Section VII – Supply Requirements 73 28.
HITBOX 3in1 MIG Welder 200V Gas Gasless ARC Stick Lift TIG MIG Welding Machine 29.

MIG-200, 200 AMPMIG TIG Stick Arc 3in1 Comb Inverter 30.

Husky Combination Rolling Tool Chest & Top Cabinet 61" 31.

Milwaukee Roller Cabinet 32.

Dewalt 20V Max Xr Brushless High Torque ½ inch Impact Wrench 33.

34.

35.

PB100 12V 24V Car Electrical Circuit Tester power Probe OBD II Vehicle ECU Emergency 12V Power supply Cable Engine Leakdown Detector Cylinder Compression Leakage 36.
Camshaft and Crankshaft Seal Tool Kit 37.

Diesel Compression Tester 38.

Spanner 6mm-32mm combination Wrench Rachet 39.

Gearwrench 16 piece 12 point Ratcheting wrench 40.

New Craftsman 6pc Extra Large wrench set 41.

Milwaukee 10pc Torque Lock pliers set 42.

5pc 11-inch Needle Nose Pliers Set 43.
Craftsman 3pc Flex Handle breaker Bar set ABICE 15 days 90 days ABICE ABICE ABICE ABICE 15 days 90 days 15 days 90 days 15 days 15 days 90 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE 15 days 90 days ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE 15 days 90 days 15 days 15 days 90 days 90 days 15 days 90 days 15 days 90 days 15 days 90 days 15 days 15 days 90 days 90 days Section VII – Supply Requirements 74 44.

45.

46.

47.
45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

Iron Max 28 pcs Radiator Pressure Tester Vacuum 13 pcs Flare nut Wrench Set Tekton 24335 ½ in Drive click torque wrench Tekton 24330 3/8-inch drive torque wrench set 10 pcs Universal Inner Tie Rod End foot wrench 29pcs 1/16- ½ in Drill Bits set Air Power Siphon Engine cleaner gun Pry Bar Set 8in to 24 in 5pc Spanner Ratchet 10mm 51973 ECT Wrench Impact 1-2in LI-ION INGCO ECT Drill Impact 1-2in LI-ION 55.

Auto Coil Spring Compressor 2p 56.


68615 EPT Grinder Angle 4 1-2in 57.

Meter Multi Ser200 DRP 41817 58.

Spanner Flex Ratch 12mm 52013 59.

60.

Spanner Flex Ratch 14mm 52016 Spanner Ratchet wrench 17mm 52005 61.

Auto Compress Test Gasoline 62.

Plier Radio 280mm DRP 69285 63.

64.

65.

66.
Plier Radio BNT 280mm DR 69286 Plier Comb 200mm EXP DRP 68885 Plier Comb 160mm DRP 44142 Plier Longnose Selfgrip 230mm 1 1 1 1 1 1 1 1 5 2 2 2 3 3 1 1 2 2 2 3 1 3 3 ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE 1 1 1 1 1 1 1 1 5 2 2 2 3 3 1 1 2 2 2 3 1 3 3 15 days 90 days 15 days 15 days 90 days 90 days 15 days 90 days 15 days 90 days 15 days 90 days 15 days 90 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days Section VII – Supply Requirements 75 67.
68.

69.

70.

71.

72.

Plier Selfgrip 220mm CR 35369 Plier Selfgrip 220MM ST 35372 Screwed 865 Set 8pc 48933 Ept Rotary Tool Kit 43pc Socket Set 1-2in + 1-4in 94pc Lincoln Power MIG 256 Welder Package *** 73.

Lincoln Power Mig 260 Welder *** 74.

CK Worldwide MT200-AC/DC Tig Welder *** 3 3 1 1 1 1 1 2 ABICE ABICE ABICE ABICE ABICE ABICE ABICE ABICE 3 3 1 1 1 1 1 2 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days 90 days NOTES 1.
For items with brand names other brands that are equal or superior are acceptable.

2.

Required delivery periods are calendar days from Contract Award 3.

Partial deliveries are acceptable but in total must equal 100% of the items and the quantities of the items 4.

In accordance with Section III, a Manufacturers’ Authorisation is required for Items 21 and 22, and 72 through 74 2.

Technical Specifications “Summary of Technical Specifications.
The Goods and Related Services shall comply with following Technical Specifications and Standards: Item No Name of Goods or Related Service Technical Specifications and Standards to state Bidder compliance with specifications or exceptions here 21 22 72 73 74 V89 Wheel Alignment Machine 3D/Tire Aligner System APlus Lift HW-10KBP 10000LB 2-Post Heavy Duty Floor Plate Car Lift Truck Hoist Lincoln Power MIG 256 Welder Package Lincoln Power Mig 260 Welder CK Worldwide MT200-AC/DC Tig Welder See below See below See below See below See below Detailed Technical Specifications and Standards Item 21 - 3D Wheel Alignment (a) Item Width: 55 cm Can be used with the vehicles of the following vehicle manufacturers Audi, Australia Ford, Benz, BMW, Brilliance, Chevrolet, Chevy, Chrysler, Citroen, D Demo, Fiat, Ford, GM, Holden, Honda, Hyundai, Isuzu, Jaguar, Kia, Lancia, Land Rover, Mahindra, Maruti, Mazda, Mitsubishi, Nissan, Opel, Peugeot, Porsche, Rena Rover, Saab, Seat, Skoda, Smart, Subaru, Suzuki, Tata, Toyota, Volva, VW Item Height: 43 cm   Voltage: 110V  Language: English, Spanish  Special Features: 3D wheel alignment  External Testing Certification: CE  Item Type: Mechanical Testers  Item Length: 275 cm  Item Weight: 130 kg  Guarantee: Original Free software upgrade (b) Feature: 3D four wheel aligner (c) Core advantage Integrated CPU, less malfunction rate  Million Pixel Industrial Grade Camera, 26 frame/s imaging capture (7 fram)  Military Grade Quality, anti-dumping, anti-rotten, 270 Celsius degree resistor   Short distance required for push-car operation, time saving.
 Only one time push-car operation is required, fast and accurate reading  High accuracy, up to 0.01 degree  Client management system and printer  Unlike conventional 3D aligner, KEED aligner is not subject to horizontal level  One meter installation distance required for aligner and scissor lift  Key technology.
More Powerful, More profit  24 inch industrial grade display (d) Technical Specification Measurement Accuracy Accuracy Total measurement range Camber Caster SAI TOE Thrust Angle Steering angle Rear axle deflection ±0.01° ±0.01° ±0.01° ±0.01° ±0.01° ±0.01° ±0.01° ±8° ±19° ±19° ±2° ±2° ±2° ±2° ±8° ±19° ±19° ±8° ±4° ±40° ±4° (e) Warranty for parts and workmanship – minimum of 12 months Item 22 - Certified Lift Structure and Hydraulic System  Combo (Symmetrical and Asymmetrical) Arm Assembly with Adjustable Screw Pads!
 CE Certified Lift Structure and Hydraulic System  6’9” Lift Height Maximum with Truck Adapters  Durable Power Coated Finish on Steel  All Robot Welded Structure  Double Seal Rings Protecting PU Material  Carriage Material Q355, Stronger Than Normal Q235 Steel (a) Specification and Features  Heavy Duty Design:  Column Steel Thickness: 13/64”  Carriage Steel Thickness: 16/64”  Arm Steel Thickness: 15/64”  Carriage Yoke Thickness: 5/16”  Base Plate Steel Thickness: 5’/8”  Driving Mode: Dual hydraulic cylinders, chain drive  Lifting Capacity.
10,000 LB  Combo (Symmetrical and Asymmetrical) Arm Assembly.
 Straight Front/Rear 3 stage reach from 22 ⅞” to 42 ⅝”  Straight Rear 2 Stage reach from 33 ⅝” to 52 ⅞”  4 Pieces of Adjustable Screw Pads Included  4 Pieces of 4” Tall Truck Adapters Included  Safety Mechanism:  Double point safety lock release  Automatic arm lock restraints  Relief valve built in power pump to prevent overloading  Door guards protection rubber  Up-limit switch to protect cylinders working stroke used in safe length scope  Heavy duty ⅜” diameter cable and 5” pulley that reduce high stress on synchronization process and increase cable life  Ultra-high molecular self-lubricating nylon slider that ensures carriage smooth moving up and down  Control System:  Lifting operation by pressing “UP” button on motor  Manual Lowering operation by pressing lever  Relief valve built in power pump to prevent overloading  Overall Height 143 3/16”  Overall Width: 134 5/16”  Minimum Height of Arm Top: 4.5”  Maximum Lift height with Truck Adapters: 81”  Maximum Lift height without Truck Adapters: 75”  Carriage to Carriage Width (Drive through clearance): 100”  Column to Column Width: 109”  Column Cross Section: 11”L x 7” W  Time to full rise: 50 sec  Motor.
220V Single Phase 3HP 10A (recommend a 30A breaker)  Hydraulic Oil (not included): 3-5 gallons AW32/AW46  Concrete Requirement: 6’ thick at 3500 psi reinforced with fiberglass or steel (4” thick for vehicles 9000LB and below)  Anchor bolts/mounting hardware included  Tool trays and toe guards included  Shipping Weight 1,4650 LB  Shipping package size 113” L x 22W” x 40” H (b) Warranty for parts and workmanship – minimum of 12 months Item 72- Lincoln Power MIG 256 Welder Package Product Name Product Number Input Power Rated Output Current/Voltage/ Duty Cycle Input Current@ Rated Output Dimensions (H x W x D) Weight/ Output Range POWER MIG® 256 One-Pak® Spool Gun Pkg.
K306 9-1 208/230/ 1/60 250A/26V /40% 56/52A(1) 30 - 300 A 220 lbs.

(100 kg) 31.8 x 18.9 x 38.8 in.

(808 x 480 x 985 mm) POWER MIG® 256 Base Unit K306 8-1 K3068-2 230/460/ 575/1/60 250A/26V /40% 56/52A(1) 50/24/19A 30-300 Amps 50-700 ipm WFS (1.3-17.7 m/min) Max.
OCV: 40V 30 - 300 A (a) Warranty for parts and workmanship – minimum of 12 months Item 73- Lincoln Power Mig 260 Welder Description Product Number Input Power Voltage/ Phase/Hertz Rated Output Current/Voltage / Duty Cycle Input Current @ Rated Output Output Range POWER MIG 260 K3520-1 208/230/460/ 575/1/60 250A/26.5V/40% 30- 300A 59/55/27 /21 Wire Feed Speed ipm (m/ min) 50- 700 (1.3- 17.7) Dimensions H x W x L in (mm) Weight lb (kg) 247 (112) 37.3 x 18 x 40.4 (947.42 x 457.20 x 1026.16) (a) Warranty for parts and workmanship – minimum of 12 months Item 74- CK Worldwide MT200-AC/DC Tig Welder Input Voltage Input Current (I max) Output Current Range GTAW Output Current Range SMAW Rated Output GTAW Rated Output SMAW Max.
Open Circuit Volts Gas Pre-flow Gas Post-flow AC Frequency Pulse Frequency Pulse Width Base Current Arc Start Dimensions Weight 115VAC ±15%, 50/60Hz 220VAC ±15%, 50/60Hz, single phase 115V: 21 Amps 220V: 34 Amps 115V: 5 – 140 Amps 220V: 5 – 200 Amps 115V: 10 – 110 Amps 20V: 10 – 160 Amps 115V: 140A @ 15.6V, 40% duty cycle 220V: 200A @ 18.0V, 25% duty cycle 115V: 110A @ 24.4V, 25% duty cycle 220V: 160A @ 26.4V, 30% duty cycle 74 volts 0.5 seconds 0.5 – 20 seconds 20 – 250 Hz 1 – 200 Hz 50% 10 – 100% High Frequency Height: 15 in.
(381mm) Width: 8.5 in.

(217mm) Length: 20 in.

(502mm) 32 lb.

(14.5 kg) Warranty for parts and workmanship – minimum of 12 months PART 3 – Conditions of Contract Section VIII - General Conditions of Contract 82 Section VIII.
General Conditions of Contract Table of Contents Definition ................................................................................................................... 8483 Contract Documents ................................................................................................ 8584 Prohibited Practices and Other Integrity Related Matters ................................. 8685 Interpretation ........................................................................................................... 8685 Language ................................................................................................................... 8786 Joint Venture, Consortium or Association ............................................................ 8786 Eligibility ................................................................................................................... 8887 Notices ....................................................................................................................... 8988 Governing Law ......................................................................................................... 8988 Settlement of Disputes ............................................................................................. 8988 Inspections and Audit by the Bank ........................................................................ 9089 Scope of Supply ........................................................................................................ 9190 Delivery and Documents.......................................................................................... 9190 Supplier’s Responsibilities ...................................................................................... 9190 Contract Price .......................................................................................................... 9190 Terms of Payment .................................................................................................... 9190 Taxes and Duties ...................................................................................................... 9291 Performance Security .............................................................................................. 9291 Copyright .................................................................................................................. 9392 Confidential Information ........................................................................................ 9392 Subcontracting and Subsupplying ......................................................................... 9493 Specifications and Standards .................................................................................. 9493 Packing and Documents .......................................................................................... 9594 Insurance .................................................................................................................. 9594 Transportation and Related Services ..................................................................... 9695 Inspections and Tests ............................................................................................... 9695 Liquidated Damages ................................................................................................ 9897 Warranty .................................................................................................................. 9897 Patent Indemnity .................................................................................................... 10099 Limitation of Liability ......................................................................................... 101100 1.
2.
26 27 28 29 30 Section VIII - General Conditions of Contract 83 31 32 33 34 35 36 37 Change in Laws and Regulations ....................................................................... 102101 Force Majeure ...................................................................................................... 102101 Change Orders and Contract Amendments ...................................................... 103102 Extensions of Time ............................................................................................... 105104 Termination .......................................................................................................... 105104 Assignment............................................................................................................ 107106 Export Restriction ................................................................................................ 107106 Section VIII - General Conditions of Contract 84 Section VIII.
General Conditions of Contract 1.

Definition 1.2 The following words and expressions shall have the meanings hereby assigned to them: (a) “Bank” means the Caribbean Development Bank (CDB).

(b) “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein.
(c) “Contract Documents” means the documents listed in the including any amendments Contract Agreement, thereto.

(d) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

(e) “Day” means calendar day.

(f) “Completion” means the fulfillment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract.
(g) “GCC” means the General Conditions of Contract.

(h) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract.

(i) “Purchaser’s Country” is the country specified in the Special Conditions of Contract (SCC).

Section VIII - General Conditions of Contract 85 (j) “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the SCC.
(k) “Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract.

(l) “SCC” means the Special Conditions of Contract.
(m) “Subcontractor” means any person, private or government entity, or a combination of the above, that has entered into a subcontracting agreement with the Supplier to facilitate the execution of the Contract Agreement, including the provision of Related Services, such as inspection, insurance, packing, shipment, insurance, training, commissioning or installation services, for Goods provided by a Subsupplier.

The role of the Subcontractor does not extend to that of the Subsupplier.
(n) “Subsupplier” means any person, private or government entity, or a combination of the above, that has entered into an agreement with the Supplier to supply all or part of the Goods and Related Services to be provided to the Supplier to enable the latter to fulfill the Contract Agreement.

(o) “Supplier” means the person, private or government entity, or a combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement.
(p) “The Project Site,” where applicable, means the place named in the SCC.

2.

Contract Documents 2.1 Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.

The Contract Agreement shall be read as a whole.


Section VIII - General Conditions of Contract 86 3 Prohibited Practices and Other Integrity Related Matters 3.1 The Bank requires compliance with its policy in regards to Prohibited Practices and Other Integrity Related Matters, as set forth in Appendix to the SCC.
3.1 The Purchaser requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract.

The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.

4 Interpretation 4.1 If the context so requires it, singular means plural and vice versa.
4.2 Incoterms (a) Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms specified in the SCC.

(b) The terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France.
4.3 Entire Agreement: The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.

4.4 Amendment: No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorised representative of each party thereto.
4.5 Nonwaiver: Section VIII - General Conditions of Contract 87 (a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorised representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

4.6 Severability: If any provision or condition of the Contract is prohibited or invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.
rendered 5.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in the language specified in the SCC.

Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of interpretation of the Contract, this translation shall govern.
6.1 5.2 The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Supplier.

If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and severally liable to the Purchaser for the fulfillment of the provisions of the Contract and shall designate one party to act as a leader with authority to bind the joint venture, consortium, or association.
The composition or the constitution of 5 Language 6 Joint Venture, Consortium or Association Section VIII - General Conditions of Contract 88 the joint venture, consortium, or association shall not be altered without the prior consent of the Purchaser.
7 Eligibility 7.1 Suppliers or joint venture partners shall have the nationality of an eligible country as detailed in the SCC and shall comply with the following: (a) (b) (c) be legally constituted, incorporated or registered in and operates in conformity with the provisions of the laws of an eligible country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be, and have their principal place of business in an eligible country; be more than fifty (50) percent beneficially-owned by a citizen or citizens and/or a bona fide resident or residents of an Eligible Country, or by a body corporate or bodies meeting these requirements, as far as the ownership can be reasonably determined; and shall have no arrangement and undertake not to make any arrangement whereby the majority of the financial benefits of the contract, i.e., more than fifty (50) percent of the value of the contract, will accrue or be paid to Subcontractors or sub-consultants that are not from an Eligible Country.
7.2 The Goods required shall have their origin in any country with the exceptions indicated in the SCC.

7.3 For the purposes of this Contract, the term “Goods” includes raw material, machinery, equipment, and commodities, industrial plants; and “Related Services” includes services such as insurance, installation, training, and initial maintenance.
7.4 The term “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; Section VIII - General Conditions of Contract 89 or, through manufacture, processing, or assembly, another commercially recognised article results that differs substantially in its basic characteristics from its components.

8 Notices 8.1 Any notice given by one party to the other pursuant to the Contract shall be in writing to the address specified in the SCC.
The term “in writing” means communicated in written form with proof of receipt.

8.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

9 Governing Law 9.1 The Contract shall be governed by and interpreted in accordance with the laws of the Purchaser’s Country, unless otherwise specified in the SCC.
9.2 Throughout the execution of the Contract, the Supplier shall comply with the import of goods and services prohibitions in the Purchaser’s Country when: (a) as a matter of law or official regulations, the Recipient’s country prohibits commercial relations with that country; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Recipient’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.
10 Settlement of Disputes 10.1 The Purchaser and the Supplier shall make every effort to informal negotiation any resolve amicably by direct disagreement or dispute arising between them under or in connection with the Contract.
10.2 If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect Section VIII - General Conditions of Contract 90 of this matter may be commenced unless such notice is given.
Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration.

Arbitration may be commenced prior to or after delivery of the Goods under the Contract.

Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.
10.3 Notwithstanding any reference to arbitration herein: (a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and (b) the Purchaser shall pay the Supplier any monies due the Supplier.
11 Inspections and Audit by the Bank 11.1 The Supplier shall keep and shall make all reasonable efforts to cause its Subcontractors and Subsuppliers to keep, accurate and systematic accounts and records in respect of the Goods in such form and details as will clearly identify relevant time changes and costs.
11.2 Pursuant to the Appendix to the General Conditions the Supplier shall permit and shall cause its Subcontractors, Subsuppliers and subconsultants to permit, the Bank and/or persons appointed by the Bank to inspect the Site and/or the accounts and records relating to the procurement process, selection and/or contract execution, and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank.
The Supplier’s and subconsultants’ attention is drawn to Sub-Clause 3.1 which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing suspensions and sanctions procedures).
its Subcontractors’, Subsuppliers’ and Section VIII - General Conditions of Contract 91 12 Scope of Supply 12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.

13 Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and Completion of the Related Services shall be in accordance with the Delivery and Completion Schedule specified in the Schedule of Requirements.
The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

14 Supplier’s Responsibilities 14.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance with GCC Clause 12, and the Delivery and Completion Schedule, as per GCC Clause 13.
15 Contract Price 15.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Bid, with the exception of any price adjustments authorised in the SCC.

16 Terms of Payment 16.1 The Contract Price, including any Advance Payments, if applicable, shall be paid as specified in the SCC.
16.2 The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services performed, and by the documents submitted pursuant to GCC Clause 13 and upon fulfillment of all other obligations stipulated in the Contract.
16.3 Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier, and after the Purchaser has accepted it.

16.4 The currencies in which payments shall be made to the Supplier under this Contract shall be those in which the Bid price is expressed.
Section VIII - General Conditions of Contract 92 16.5 In the event that the Purchaser fails to pay the Supplier any payment by its due date or within the period set forth in the SCC, the Purchaser shall pay to the Supplier interest on the amount of such delayed payment at the rate shown in the SCC, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award.
17 Taxes and Duties 17.1 For goods manufactured outside the Purchaser’s Country, the Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the Purchaser’s Country.

17.2 For goods Manufactured within the Purchaser’s Country, the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser.
17.3 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the Purchaser’s Country, the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.
18 Performance Security 18.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of the notification of contract award, provide a Performance Security for the performance of the Contract in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
18.3 As specified in the SCC, the Performance Security, if required, shall be denominated in the currency(ies) of the Contract, or in a freely convertible currency acceptable to the Purchaser; and shall be in one of the formats stipulated by the Purchaser in the SCC, or in another format acceptable to the Purchaser.
18.4 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) Section VIII - General Conditions of Contract 93 19 Copyright 20 Confidential Information days following the date of Completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless specified otherwise in the SCC.
19.1 The copyright in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.
in connection with 20.1 The Purchaser and the Supplier shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data, or other information furnished directly or indirectly by the other party hereto the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract.
Notwithstanding the above, the Supplier may furnish to its Subcontractors or Subsuppliers such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractors or Subsuppliers to perform their work under the Contract, in which event the Supplier shall obtain from such of Subcontractors confidentiality similar to that imposed on the Supplier under GCC Clause 20. or Subsuppliers undertaking an 20.2 The Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the contract.
Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the performance of the Contract.
20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall not apply to information that: Section VIII - General Conditions of Contract 94 (a) (b) (c) (d) the Purchaser or Supplier need to share with the Bank or other institutions participating in the financing of the Contract; now or hereafter enters the public domain through no fault of that party; can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or otherwise lawfully becomes available to that party from a that has no obligation of confidentiality.
third party 20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or termination, for whatever reason, of the Contract.
21 Subcontracting and Subsupplying and 21.1 The Supplier shall notify the Purchaser in writing of all subcontracts to subsupply Subcontractors and Subsuppliers under the Contract if not already specified in the Bid.

Such notification, in the original Bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract.
contracts awarded 21.2 Subcontracts, Subcontractors, subsupply contracts, and Subsuppliers shall comply with the provisions of GCC Clauses 3 and 7.
22 Specifications and Standards 22.1 Technical Specifications and Drawings: (a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications Section VIII - General Conditions of Contract 95 and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to is the official standards whose application appropriate to the Goods’ country of origin.
(b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.

(c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements.
During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with GCC Clause 33.

23 Packing and Documents 23.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract.
During transit, the packing shall be sufficient to withstand, without limitation, to extreme rough handling and exposure temperatures, salt and precipitation, and open storage.

Packing case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.
24 Insurance 23.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in the SCC, and in any other instructions ordered by the Purchaser.
24.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be fully insured—in a freely convertible currency from an eligible country—against loss or acquisition, damage to manufacture incidental or Section VIII - General Conditions of Contract 96 transportation, storage, and delivery, in accordance with the applicable Incoterms or in the manner specified in the SCC.
25 Transportation and Related Services 25.1 Unless otherwise specified in the SCC, responsibility for arranging transportation of the Goods shall be in accordance with the specified Incoterms.
25.2 The Supplier may be required to provide any or all of the following Related Services, including additional services, if any, specified in SCC: (a) (b) (c) (d) (e) performance or supervision of on-site assembly and/or start-up of the supplied Goods; furnishing of tools required for assembly and/or maintenance of the supplied Goods; furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.
25.3 Prices charged by the Supplier for the Related Services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

26 Inspections and Tests 26.1 The Supplier shall at its own expense and at no cost to the Purchaser carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC.
Section VIII - General Conditions of Contract 97 26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractors or Subsuppliers, at point of delivery, and/or at the Goods’ final destination, or in another place in the Purchaser’s Country as specified in the SCC.
Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractors or Subsuppliers, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.
26.3 The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub- Clause 26.2, provided that the Purchaser bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Purchaser.
The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Purchaser or its designated representative to attend the test and/or inspection.
26.5 The Purchaser may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier’s performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected.

26.6 The Supplier shall provide the Purchaser with a report of the results of any such test and/or inspection.
Section VIII - General Conditions of Contract 98 26.7 The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications.

The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 26.4.
26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.
27.1 Except as provided under GCC Clause 32, if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Services within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in those SCC.
Once the maximum is reached, the Purchaser may terminate the Contract pursuant to GCC Clause 35.

27 Liquidated Damages 28 Warranty 28.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.
28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, the materials, and workmanship, under normal use conditions prevailing in the country of final destination.
in 28.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months after the Goods, or any Section VIII - General Conditions of Contract 99 portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the SCC, or for eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever period concludes earlier.
28.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discovery thereof.

The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects.

28.5 28.6 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser.
If having been notified, the Supplier fails to remedy the defect within the period specified in the SCC, the Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.
Section VIII - General Conditions of Contract 100 29 Patent Indemnity 29.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and (b) the sale in any country of the products produced by the Goods.
Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract.
29.2 If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GCC Sub- Clause 29.1, the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.
29.3 If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf.
Section VIII - General Conditions of Contract 101 29.4 The Purchaser shall, at the Supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing.
29.5 The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, Subcontractors and Subsuppliers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.
30 Limitation of Liability 30.1 Except in cases of criminal negligence or willful misconduct: (a) (b) the Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser; and the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Purchaser with respect to patent infringement.
Section VIII - General Conditions of Contract 102 31 Change in Laws and Regulations 32 Force Majeure 31.1 Unless otherwise specified in the Contract, if after the date of 28 days prior to date of Bid submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in the place of the Purchaser’s Country where the Site is located (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with GCC Clause 15.
32.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier.

Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.
32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof.

Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
Section VIII - General Conditions of Contract 103 33 Change Orders and Contract Amendments 33.1 The Purchaser may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: (a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser; (b) the method of shipment or packing; (c) the place of delivery; and (d) the Related Services to be provided by the Supplier.
33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended.

Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.
(a) 33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

33.4 Value Engineering: The Supplier may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract.
The value engineering proposal shall, at a minimum, include the following; (b) the proposed change(s), and a description of the difference to the existing contract requirements; Section VIII - General Conditions of Contract 104 (c) a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including in incur life cycle costs) implementing the value engineering proposal; and the Purchaser may (d) a description of any effect(s) of the change on performance/functionality.
The Purchaser may accept the value engineering proposal if the proposal demonstrates benefits that: (a) accelerates the delivery period; or (b) (c) reduces the Contract Price or the life cycle costs to the Purchaser; or improves the quality, efficiency or sustainability of the Goods; or (d) yields any other benefits to the Purchaser, without compromising the necessary functions of the Facilities.
If the value engineering proposal is approved by the Purchaser and results in: (a) (b) a reduction of the Contract Price; the amount to be paid to the Supplier shall be the percentage specified in the SCC of the reduction in the Contract Price; or an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Supplier shall be the full increase in the Contract Price.
33.5 Subject to the above, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.
Section VIII - General Conditions of Contract 105 34 Extensions of 34.1 Time impeding timely delivery of If at any time during performance of the Contract, the Supplier or its Subcontractors or Subsuppliers should encounter the Goods or conditions completion of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause.
As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.
34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.
35 Termination 35.1 Termination for Default (a) The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part: (i) if the Supplier fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 34; (ii) if the Supplier fails to perform any other obligation under the Contract; or (iii) if the Supplier, in the judgment of the Purchaser has engaged in Fraud and Corruption, as defined in paragrpah 2.2 a of the Appendix to the GCC, in competing for or in executing the Contract.
Section VIII - General Conditions of Contract 106 (b) In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 35.1(a), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods or Related the Supplier shall continue Services.
However, performance of the extent not terminated.

the Contract to 35.2 Termination for Insolvency.

(a) The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes insolvent.

In such event, bankrupt or otherwise termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser.

35.3 Termination for Convenience.


(a) The Purchaser, by notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience.

The notice of termination shall the Purchaser’s specify convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.
termination is for that (b) The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices.
For the remaining Goods, the Purchaser may elect: (i) to have any portion completed and delivered at the Contract terms and prices; and/or Section VIII - General Conditions of Contract 107 (ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.
36 Assignment 36.1 Neither the Purchaser nor the Supplier shall assign, in whole or in part, their obligations under this Contract, except with prior written consent of the other party.
37 Export Restriction 37.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems or services to be supplied, which arise from trade regulations from a country supplying those products/goods, systems or services, and which substantially impede the Supplier from meeting its obligations under the Contract, shall release the Supplier from the obligation to provide deliveries or services, always provided, however, that the Supplier can demonstrate to the satisfaction of the Purchaser and of the Bank that it has completed all formalities in a timely manner, including applying for permits, authorisations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract.
Termination of the Contract on this basis shall be for the Purchaser’s convenience pursuant to Sub-Clause 35.3.

Section IX − Special Conditions of Contract 108 Section IX - Special Conditions of Contract The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of Contract (GCC).

Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
GCC 1.1(i) GCC 1.1(j) GCC 1.1 (o) GCC 4.2 (a) GCC 4.2 (b) GCC 5.1 GCC 7.1 GCC 7.2 GCC 8.1 The Purchaser’s Country is: Antigua and Barbuda The Purchaser is: Government of Antigua and Barbuda The Project Site(s)/Final Destination(s) is/are: Antigua and Barbuda Institute of Continuing Education (ABICE), Tomlinson’s Estate, St. George’s Antigua The meaning of the trade terms shall be as prescribed by Incoterms.
The version edition of Incoterms shall be Incoterms 2020 CIP The language shall be: English Eligible countries are: Refer Section V of the Bidding Document Exceptions to the origin of equipment, material, and services are None For notices, the Purchaser’s address shall be: Attention: Ambassador Dr. Clarence Henry Street Address: Cnr Dickenson Bay and Popeshead Sts.
Floor/ Room number: 1st Floor John Henry Building City: St. John’s Country: Antigua Telephone: 1 (268) 562- 4504/6/7 Electronic mail address: onao@ab.gov.ag GCC 9.1 GCC 10.2 GCC 13.1 The governing law shall be the law of: Antigua and Barbuda The rules of procedure for arbitration proceedings pursuant to GCC Clause 10.2 shall be as follows: (a) Contract with foreign Supplier: Any dispute, controversy or claim arising out of or relating to this Contract, or breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.
(b) Contracts with Supplier national of the Purchaser’s Country: In the case of a dispute between the Purchaser and a Supplier who is a national of the Purchaser’s Country, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Purchaser’s Country.

Details of Shipping and other Documents to be furnished by the Supplier are: invoice, packing list, non-negotiable bill of lading and the insurance certificate.
Section IX − Special Conditions of Contract 109 GCC 15.1 GCC 16.1 The above documents shall be received by the Purchaser before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.

The prices charged for the Goods supplied and the Related Services performed shall not be adjustable.
Payment for Goods supplied from abroad: Payment of foreign currency portion shall be made in the currency of the Contract Price in the following manner: (i) (ii) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract, and upon submission of claim and a bank guarantee for equivalent amount valid until the Goods are delivered and in the form provided in the Bidding Document or another form acceptable to the Purchaser.
On Shipment: Eighty (80) percent of the Contract Price of the Goods shipped shall be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, upon submission of documents specified in GCC Clause 13.

(iii) On Acceptance: Ten (10) percent of the Contract Price of Goods received shall be paid within thirty (30) days of receipt of the Goods upon submission of claim supported by the acceptance certificate issued by the Purchaser.
Payment for Goods and Services supplied from within the Purchaser’s Country: Payment for Goods and Services supplied from within the Purchaser’s Country shall be made in the currency of the Contract Price, as follows: (i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract against a simple receipt and a bank guarantee for the equivalent amount and in the form provided in the Bidding Document or another form acceptable to the Purchaser.
Section IX − Special Conditions of Contract 110 (ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid on receipt of the Goods and upon submission of the documents specified in GCC Clause 13.

(iii) On Acceptance: The remaining ten (10) percent of the Contract Price shall be paid to the Supplier within thirty (30) days after the date of the acceptance certificate for the respective delivery issued by the Purchaser.
The payment-delay period after which the Purchaser shall pay interest to the supplier shall be sixty days The interest rate that shall be applied is 1.5% A Performance Security shall not be required Not applicable.
Discharge of the Performance Security shall take place: Not applicable The packing, marking and documentation within and outside the packages shall be (i) accordance with industry best practices to protect the Goods during the selected transport and prevent loss or damage due to theft (ii) to be correctly routed to the Final Destination [refer GCC 28.3 below] (iii) as required for customs inspection.
The Goods supplied shall be fully insured an All-risks basis, including War Risks, in a freely convertible currency against loss or damage to manufacture or acquisition, transportation, storage and incidental delivery.

The insurance shall be in an amount equal to 110% (a hundred and ten percent) of the Contract Price and valid until delivery of the Goods to the Final Destination.

The Supplier shall arrange and pay for the insurance, naming the Purchaser as the beneficiary.
Responsibility for transportation of the Goods shall be as specified in the Incoterms.

Related Services to be provided are: N/A The inspections and tests shall be: conducted by the Purchaser at the Final Destination, after the Goods are received and will consist of  Visual examination for completeness and quality of all Goods and  Functional/operational tests for the applicable Goods.
The liquidated damage shall be: 0.5 % per week of the total Contract Price The maximum amount of liquidated damages shall be: 10 % of the total Contract Price GCC 16.5 GCC 18.1 GCC 18.3 GCC 18.4 GCC 23.2 GCC 24.1 GCC 25.1 GCC 25.2 GCC 26.1 and 26.2 GCC 27.1 GCC 27.1 Section IX − Special Conditions of Contract 111 GCC 28.3 The period of validity of the Warranty shall be: 12 months from the date of receipt of the Goods by the Purchaser.
For purposes of the Warranty, the place(s) of final destination(s) shall be: Antigua and Barbuda Institute of Continuing Education, Tomlinson’s Estate, St. George’s, Antigua The period for repair or replacement shall be: 30 days.

Value engineering: Not applicable GCC 28.5, GCC 28.6 GCC 33.4 Section IX − Special Conditions of Contract 112 APPENDIX TO PARTICULAR CONDITIONS Prohibited Practices and Other Integrity Related Matters 1.
CDB has a Strategic Framework for Integrity, Compliance and Accountability that articulates CDB’s adherence to the highest standards of integrity, ethics and accountability with zero tolerance for fraud, corruption money laundering, terrorist financing and similarly corrosive conduct.
CDB requires that recipients, as well as bidders, proposers, firms, suppliers, Subsuppliers, service providers, contractors, Subcontractors, Consultants, subconsultants, project promoters, sponsors, beneficiaries of CDB financing and parties bound by special provisions pursuant to CDB financed contracts, as well as their respective officers, employees and agents, observe the highest standard of integrity during the procurement and/or the execution of CDB-financed contracts and refrain from integrity violations, particularly Prohibited Practices (as defined below).
In pursuance of this requirement, CDB: (a) defines, for the purposes of this provision, Prohibited Practices as follows: (i) (ii) (iii) (iv) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the action of another party; is any act or omission, including a “fraudulent practice” misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party, or the property of the party, to influence improperly the actions of a party; and (v) “obstructive practice” is: (aa) deliberately destroying, falsifying, altering, or concealing of evidence related to an investigation or making false statements or Section IX − Special Conditions of Contract 113 false allegation to CDB in order to impede a CDB investigation into allegations of an integrity violation particularly Prohibited Practices; and/or threatening, harassing, or intimidating any party to delay or prevent it from sharing evidence or disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (bb) acts which impede the exercise of CDB’s access, inspection and audit rights provided for under Paragraph 1.
(f) below.
(b) will not provide relevant no-objections and will reject a proposal for award if it determines that the Bidder or Proposer: (i) (ii) (iii) has directly or through an agent, engaged in any Prohibited Practice in competing for the contract in question; is subject to a decision of the UN Security Council taken under Chapter VII of the Charter of the UN, in accordance with Paragraph 4.04 (ii) of the Procurement Procedures for Projects Financed by CDB; or is suspended or debarred by CDB for engaging in Prohibited Practices or against whom an MDB Debarment or MDB Cross-Debarment has been imposed, in accordance with Paragraph 4.04 (iii) of the Procurement Procedures for Projects Financed by CDB.
Notwithstanding the above, CDB may in its sole discretion, following a formal request from the Recipient, provide a no-objection to a Shortlist, prequalification list or recommendation for award that includes a sanctioned Bidder(s) or Proposer(s) against whom an MDB Debarment or MDB Cross- Debarment has been imposed if so warranted by the circumstances and having regard for the integrity and other risks to CDB; (c) (d) may temporarily suspend an individual or entity from: (a) receiving a payment in respect of a CDB-financed project, to the extent contractually permissible, where to make the payment could result in harm to CDB; or (b) participating in or being awarded a contract for a project financed by CDB; will usually impose such sanctions as applicable including to cancel all or a portion of the CDB Financing allocated to a contract if it determines at any time that representatives of the Recipient or the Recipient engaged in Prohibited Practices during the procurement or the execution of that contract, without the Recipient having taken timely and appropriate action satisfactory to CDB to remedy the situation; Section IX − Special Conditions of Contract 114 (e) (f) may maintain on its website or other publicly accessible platforms a list of Firms and individuals sanctioned by CDB; and requires Bidders, Proposers, Firms, Suppliers, Subsuppliers, service providers, Contractors, Subcontractors, Consultants, subconsultants, project promoters, sponsors, beneficiaries of CDB financing and parties bound by special provisions pursuant to CDB financed contracts, as well as their respective officers, employees and agents to: (i) cooperate promptly, fully and in good faith with any audit or investigation conducted by CDB to determine whether any wrongdoing or integrity violation, specifically a Prohibited Practice has occurred, (ii) respond promptly and in reasonable detail to any notice from CDB, (iii) furnish documentary support for such response upon CDB’s request; (iv) make available to CDB for interviews their employees and agents to respond to questions from any investigator, agent, auditor or consultant designated by the CDB to conduct an investigation; and (v) provide access to, inspect and make copies of their accounts and records and other documents relating to the Bid/Proposal submission, contract performance and to have them audited by auditors appointed by CDB and/or subjected to investigation by CDB’s Office of Integrity, Compliance and Accountability.
Section X  Contract Forms 115 Section X.

Contract Forms Introduction This Section contains Contract Forms which, once completed, will constitute part of the Contract.

The forms for Contract Agreement and Advance Payment Security, when required, shall only be completed by the successful Bidder, after contract award.

Table of Forms 1.

2.

3.


Letter of Acceptance .................................................................................................. 117 Contract Agreement .................................................................................................. 118 Advance Payment Security ................................................................................. 119120 Section X  Contract Forms 116 1.

Letter of Acceptance [On letterhead paper of the Purchaser] .

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[date].


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To: [Name and address of the Supplier] .

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Subject: [Notification of Award Contract No].

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This is to notify you that your Bid dated .

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[Insert date] .

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for execution of the .

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[insert name of the contract and identification number] .

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for the amount of .

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[insert amount(s) in figures and words and name(s) of currency(ies)], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by us.
You are requested to furnish the Performance Security in the amount of [insert amount (s) in figures and words and name(s) of currency(ies)]within 28 days in accordance with the Conditions of Contract, using for that purpose the Performance Security Form included in Section X (Contract Forms) of the Bidding Document.
Authorised Signature: ...................................................................................................................... Name and Title of Signatory: ........................................................................................................... Name of Agency: ............................................................................................................................. Attachment: Contract Agreement Section X  Contract Forms 117 2.
Contract Agreement THIS CONTRACT AGREEMENT is made on the [ insert: number] day of [ insert: month], [ insert: year].

BETWEEN 1.
BETWEEN 1.

Office of the National Authorising Officer (ONAO), a department of the Ministry of Foreign Affairs, Agriculture, Trade and Barbuda Affairs of the Government of Antigua and Barbuda or corporation incorporated under the laws of Antigua and Barbuda and having its principal place of business at 1st Floor, John Henry Building, Cnr Popeshead and Dickenson Bay Sts., St. John’s, Antigua (hereinafter called “the Purchaser”), and 2.
[Insert name of the Supplier], a corporation incorporated under the laws of [insert: country of Supplier] and having its principal place of business at [insert: address of Supplier] (hereinafter called “the Supplier”).
WHEREAS the Purchaser invited Bids for Goods, described as Conditioning and Refrigeration Equipment; Automotive and Bodyworks Equipment; and Welding Equipment and has accepted a Bid by the Supplier for the supply of these Goods, and the Purchaser agrees to pay the Supplier 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.

The Purchaser and the Supplier agree as follows: 1.

2.
2.

In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.

The following documents shall be deemed to form and be read and construed as part of this Agreement.

This Agreement shall prevail over all other Contract documents.

(a) the Letter of Acceptance; (b) the Letter of Bid; (c) the Addenda Nos;.

[insert addenda numbers if any].

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Section X  Contract Forms 118 (d) the Special Conditions; (e) the General Conditions; (f) the Specification (including Schedule of Requirements and Technical Specifications); (g) the Drawings; (h) the completed Schedules (including Price Schedules); and (i) any other documents listed in GCC as forming part of the Contract.

3.

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In consideration of the payments to be made by the Purchaser to the Supplier as indicated in this Agreement, the Supplier hereby covenants with the Purchaser to supply the Goods [and Related Services] and to remedy defects therein in conformity in all respects with the provisions of the Contract.
The Purchaser hereby covenants to pay the Supplier in consideration of the supply of the Goods [and Related Services] 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.

Agreement to be executed in accordance with the laws of Antigua and Barbuda on the day, month and year indicated above.
Signed by: Signed by: For and on behalf of the Purchaser For and on behalf the Supplier Section X  Contract Forms 119 3.

Advance Payment Security [The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated.]
Date: Bidding Process Reference: [insert number and title of Bidding process] [insert date (as day, month, and year) of Bid Submission] [Bank’s letterhead] Beneficiary: [insert legal name and address of Purchaser] ADVANCE PAYMENT GUARANTEE No.

: [insert Advance Payment Guarantee No.]

We have been informed that [insert name of Supplier, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into Contract No.
[insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of contract and brief description of Goods and related Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [insert amount in figures] () [insert amount in words] is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] [insert amount in words] upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the Applicant: 1.
2. has used the advance payment for purposes other than toward delivery of Goods; or has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number [insert number] at [insert name and address of Applicant’s bank].
Section X  Contract Forms 120 The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as specified in copies of interim statements or payment certificates which shall be presented to us.
This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, has been certified for payment, or on the [insert day] day of [insert month], 2 [insert year], whichever is earlier.

Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.758, except that the supporting statement under Article 15(a) is hereby excluded.. .

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[Seal of Bank and Signature(s)].

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Note – All italicised text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
** The Guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Purchaser.