3. Financial Situation and Performance 3.1 Financial Capabilities (i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow requirements estimated as USD $ ______________for the subject contract(s) net of the Bidders other commitments (ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in progress and for future contract Must meet requirement Must meet requirement Must meet requirement Must meet requirement N/A N/A N/A N/A Form FIN – 3.1, with attachments
4. Experience 4.1 (a) General Construction Experience Experience under construction contracts in the role of prime contractor, JV member, or management contractor for at least the last ________years, starting 1st January _____. Must meet requirement N/A Must meet requirement N/A Form EXP – 4.1 4.2 (a) Specific Construction & Contract Management Experience (i) A minimum number of similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, management contractor or between 1st January [insert year] and application submission deadline: (i) N contracts, each of Must meet requirement Must meet requirement N/A N/A Form EXP 4.2(a)
characteristics of specialized works:] “(ii) For the following specialized works, the Employer permits specialized sub-contractors as per ITB 34.3” can be met through a Specialized Specialized Sub-contractor)” 4.2 (b) For the above and any other contracts completed and under implementation as prime contractor, joint venture member, management contractor or on or after the first day of the calendar year during the period stipulated in 4.2 (a) above, a minimum construction experience in the following key activities successfully completed: [list activities indicating volume, number or rate of production as Must meet requirements Must meet requirements N/A Must meet the following requirements for the key activities listed below [list key activities and the corresponding minimum requirements] Form EXP – 4.2 (b)
Schedule of Daywork Rates: 3. Contractor’s Equipment Item no. Description Nominal quantity (hours) Basic hourly rental rate Extended amount Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance with paragraph 7 above. Total for Daywork: Contractor’s Equipment (carried forward to Daywork Summary, p. ) a. To be entered by the bidder. Daywork Summary Amounta ( ) % Foreign 1. Total for Daywork: Labour
Bidders Qualification without prequalification To establish its qualifications to perform the contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder. Form ELI -1.1 Bidder Information Form Date: _________________ ICB No. and title: _________________ Page __________of _______________pages Bidder's name In case of Joint Venture (JV), name of each member: Bidder's actual or intended country of registration: [indicate country of Constitution] Bidder's actual or intended year of incorporation: Bidder's legal address [in country of registration]: Bidder's authorized representative information Name: _____________________________________ Address: ___________________________________ Telephone/Fax numbers: _______________________ E-mail address: ______________________________ 1. Attached are copies of original documents of
Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1. In case of Government-owned enterprise or institution, in accordance with ITB 4.5 documents establishing: Legal and financial autonomy Operation under commercial law Establishing that the Bidder is not dependent agency of the Employer 2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. Form ELI -1.2 Bidder's JV Information Form (to be completed for each member of Bidder’s JV) Date: _______________ ICB No. and title: __________________ Page _______________ of ____________ pages Bidder’s JV name: JV member’s name: JV member’s country of registration: JV member’s year of constitution: JV member’s legal address in country of constitution: JV member’s authorized representative information Name: ____________________________________ Address: __________________________________ Telephone/Fax numbers: _____________________ E-mail address: _____________________________
Section VI. Bank Policy - Corrupt and Fraudulent Practices Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers, dated January 2011. “Fraud and Corruption: 1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), bidders, suppliers, contractors and their agents (whether declared or not), sub-contractors, sub-consultants, service providers or suppliers, and any personnel thereof, observe the highest standard of ethics during the procurement and execution of Bank-financed contracts. In pursuance of this policy, the Bank: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;; (ii) “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; (iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) “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; (v) "obstructive practice" is (aa) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 1.16(e) below.
If the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: an extension of time for any such delay, if completion is or will be delayed, under 8.4 [Extension of Time for Completion], and payment of any such Cost plus profit, which shall be included in the Contract Price. After receiving this further notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Engineer’s failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor’s Documents, the Contractor shall not be entitled to such extension of time, Cost or profit. 1.10 Employer’s Use of Contractor’s Documents As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other design documents made by (or on behalf of) the Contractor. The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor’s Documents, including making and using modifications of them. This licence shall: apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works, entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor’s Documents for the purposes of completing, operating, maintaining, Clause
altering, adjusting, repairing and demolishing the Works, and in the case of Contractor’s Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor. The Contractor’s Documents and other design documents made by (or on behalf of) the Contractor shall not, without the Contractor’s consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Sub-Clause. 1.11 Contractor’s Use of Employer’s Documents As between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Specification, the Drawings and other documents made by (or on behalf of) the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract. They shall not, without the Employer’s consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract. 1.12 Confidential Details The Contractor’s and the Employer’s Personnel shall disclose all such confidential and other information as may be reasonably required in order to verify compliance with the Contract and allow its proper implementation. Each of them shall treat the details of the Contract as private and confidential, except to the extent necessary to carry out their respective obligations under the Contract or to comply with applicable Laws. Each of them shall not publish or disclose any particulars of the Works prepared by the other Party without the previous agreement of the other Party. However, the Contractor shall be permitted to disclose any publicly available information, or information otherwise required to establish his qualifications to compete for other projects.
(b) shall be in the joint names of the Parties, (c) shall be extended to cover liability for all loss and damage to the Employer’s property (except things insured under Sub-Clause 18.2) arising out of the Contractor’s performance of the Contract, and (d) may however exclude liability to the extent that it arises from: the Employer’s right to have the Permanent Works executed on, over, under, in or through any land, and to occupy this land for the Permanent Works, damage which is an unavoidable result of the Contractor’s obligations to execute the Works and remedy any defects, and a cause listed in Sub-Clause 17.3 [Employer’s Risks], except to the extent that cover is available at commercially reasonable terms. 18.4 Insurance for Contractor’s Personnel The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor’s Personnel. The insurance shall cover the Employer and the Engineer against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor’s Personnel, except that this insurance may exclude losses and claims to the extent that they arise from any act or neglect of the Employer or of the Employer’s Personnel. The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works. For a Subcontractor’s employees, the insurance may be effected by the Subcontractor, but the Contractor shall be responsible for compliance with this Clause. 19. Force Majeure
as per legal agreement] (“Procurement Guidelines”), and is open to all eligible bidders as defined in the Procurement Guidelines. In addition, please refer to paragraphs 1.6 and 1.7 setting forth the World Bank’s policy on conflict of interest. Interested eligible bidders may obtain further information from [insert name of implementing agency, insert name and e-mail of officer in charge] and inspect the bidding documents during office hours [insert office hours if applicable i.e. 0900 to 1700 hours] at the address given below [state address at the end of this invitation] . A complete set of bidding documents in [insert name of language] may be purchased by interested eligible bidders upon the submission of a written application to the address below and upon payment of a nonrefundable fee of [insert amount in Borrower’s currency or in a convertible currency]. The method of payment will be [insert method of payment]. The document will be sent by [insert delivery procedure]. Bids must be delivered to the address below [state address at the end of this invitation] on or before [insert time and date]. Electronic bidding will [will not] be permitted. Late bids will be rejected. Bids will be publicly opened in the presence of the bidders’ designated representatives and anyone who choose to attend at the address below [state address at the end of this invitation] on [insert time and date]. All bids must be accompanied by a [insert “Bid Security” or “Bid-Securing Declaration,” as appropriate] of [insert amount and currency in case of a Bid Security. The address(es) referred to above is(are): [insert detailed address(es) ] [insert name of office, room number] Attn: [insert name of officer & title] [insert postal address and/or street address] [insert postal code, city, country] Tel: [include the country and city code] Fax: [include the country and city code] E-mail: [insert electronic address if electronic bidding is permitted] Web site:
4 5 The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV (Bidding Forms) -- Note -- In most cases Bidders can readily purchase, lease, or hire equipment; thus, it is usually unnecessary for the assessment of a contractor's qualification to depend on the contractor’s owning readily available items of equipment. The pass–fail criteria adopted should therefore be limited only to those bulky or specialized items that are critical for the type of project to be implemented, and that may be difficult for the contractor to obtain quickly. Examples may include items such as heavy lift cranes and piling barges, dredgers, asphalt mixing plants, etc. Even in such cases, contractors may not own the specialized items of equipment, and may rely on specialist subcontractors or firms. The availability of such subcontractors and of the specified equipment should be subject to verification prior to contract award. The Bidder shall provide updated details for the above by using the relevant forms included in Section IV (Bidding Forms).
the laws of the Bidder’s country, other financial statements acceptable to the Employer, for the last [insert number of years] years shall be submitted and must demonstrate the current soundness of the Bidder’s financial position and indicate its prospective profitability. Time period usually specified is 5 years; it may be reduced to three years minimum (in agreement with the Bank) under special country circumstances, such as to provide opportunity for a newly privatized construction industry with limited period of existence, but with suitable experience, etc. Firms owned by individuals and partnerships may not be required to maintain audited balance sheets by the laws of their countries of origin; in such cases, the Employer may relax the audit requirement, but should request other acceptable financial statements. 3.2 Average Annual Construction Turnover Minimum average annual construction turnover of US$ [insert amount], calculated as total certified payments received for Must meet requirement Must meet requirement Must meet ________%, ___________of the requirement Must meet __________%, ___________of the requirement Form FIN – 3.2
Total for Bill No. 1 (carried forward to Summary, p. ) Bill No. 2: Earthworks Item no. Description Unit Quantity Rate Amount 201 Excavate topsoil to maximum depth 25 cm and stockpile for reuse, maximum haul distance 1 km m3 95,000 202 Excavate topsoil to maximum depth 25–50 cm, and dispose m3 15,000 203 —etc.— 206 Excavate fill material from cuttings or approved borrow pits, haul up to 1 km, deposit, shape, and compact to fill m3 258,000 207 Excavate rock in cuttings and dispose, any depth m3 25,000 208 —etc.— Total for Bill No. 2 (carried forward to Summary, p. ) Bill No. 3: Culverts and Bridges
D122 Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance with paragraph 7 above. Total for Daywork: Contractor’s Equipment (carried forward to Daywork Summary, p. ) a. To be inserted by the bidder Daywork Summary Amounta ( ) % Foreign 1. Total for Daywork: Labour 2. Total for Daywork: Materials 3. Total for Daywork: Contractor’s Equipment Total for Daywork (Provisional Sum) (carried forward to Bid Summary, p. ) a. The Employer should insert local currency unit. Summary of Specified Provisional Sums Bill no. Item no. Description Amount 1 2 2.8 Supply and install equipment in pumping station 1,250,000 3 4 4.32 Provide for ventilation system in subway tunnel 3,500,000 etc.
Quantity (Volume, number or rate of production, as applicable) performed under the contract per year or part of the year [Insert extent of participation indicating actual quantity of key activity successfully completed in the role performed] Total quantity in the contract (i) Percentage participation (ii) Actual Quantity Performed (i) x (ii) Year 1 Year 2 Year 3 Year 4 Employer’s Name: [insert full name] Address: Telephone/fax number E-mail: [indicate street / number / town or city / country] [insert telephone/fax numbers, including country and city area codes] [insert e-mail address, if available] 2. Activity No. Two 3. ………………… Information Description of the key activities in accordance with Sub-Factor 4.2(b) of Section III: [insert response to inquiry indicated in left column]
Form FIN-3: Financial Resources Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as specified in Section III (Evaluation and Qualification Criteria) No. Source of financing Amount (US$ equivalent) 1 2 3 Form FIN-4: Current Contract Commitments / Works in Progress Bidders and each member to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued. Name of Contract Employer’s Contact Address, Tel, Fax Value of Outstanding Work [Current US$ Equivalent] Estimated Date Average Monthly Invoicing Over Last Six Months [US$/month)] 1 2 3 4 5 .
Bidders Qualification without prequalification To establish its qualifications to perform the contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder. Form ELI -1.1 Bidder Information Form Date: [insert day, month, year] ICB No. and title: [insert ICB number and title] Page [insert page number] of [insert total number] pages Bidder's name [insert full name] In case of Joint Venture (JV), name of each member: [insert full name of each member in JV] Bidder's actual or intended country of registration: [indicate country of Constitution] Bidder's actual or intended year of incorporation: [indicate year of Constitution] Bidder's legal address [in country of registration]: [insert street/ number/ town or city/ country] Bidder's authorized representative information Name: [insert full name] Address: [insert street/ number/ town or city/ country] Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]