Any or All Proposals specifically, Proposal securities shall be promptly returned to the Proposers. Standstill Period The Contract shall be awarded not earlier than the expiry of the Standstill Period. The duration of the Standstill Period is specified in the PDS. Where only one Proposal is submitted, the Standstill Period shall not apply. Notice of Intention to Award When a Standstill Period applies, it shall commence when the Employer has transmitted to each Proposer (that has not already been notified that it has been unsuccessful) Notification of Intention to Award the Contract to the successful Proposer. The Notification of Intention to Award shall contain, at a minimum, the following information: the name and address of the Proposer submitting the successful Proposal; the Contract price of the successful Proposal; the total combined score of the successful Proposal; the names of all Proposers who submitted Proposals, and their Proposal prices as readout and as evaluated prices and technical scores; a statement of the reason(s) the Proposal (of the unsuccessful Proposer to whom the notice is addressed) was unsuccessful; the expiry date of the Standstill Period; and instructions on how to request a debriefing or submit a complaint during the standstill period; N. Award Criteria Subject to ITP 58.1, the Employer shall award the Contract to the Proposer with the Most Advantageous Proposal, provided that the Proposer is determined to be eligible and qualified to perform the Contract satisfactorily. Notification of Award Prior to the expiration of the Proposal Validity Period and upon expiry of the Standstill Period, specified in PDS ITP 59.1 or any extension thereof, or upon satisfactorily addressing a complaint that has been filed within the Standstill Period, the Employer shall notify the successful Proposer, in writing, that its Proposal has been accepted. The notification letter (hereinafter and in the Conditions of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer 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”). At the same time, the Employer shall publish the Contract Award Notice which shall contain, at a minimum, the following information: name and address of the Employer; name and reference number of the contract awarded, and the selection method used; names of all Proposers that submitted Proposals, and their Proposal prices as read out at Proposal opening, and as evaluated; name of Proposers Proposals were rejected and the reasons for their rejection; and the name of the successful Proposer, the final total contract price, the contract duration and a summary of its scope. The Contract Award Notice shall be published on the Employer’s website with free access if available, or in at least one newspaper of national circulation in the Employer’s Country, or in the official gazette. The Employer shall also publish the contract award notice in UNDB online. Until a formal contract is prepared and executed, the Notification of Award shall constitute a binding Contract. Debriefing by the Employer On receipt of the Borrower’s Notification of Intention to Award referred to in ITP 60, an unsuccessful Proposer has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Proposers whose request is received within this deadline. a request for debriefing is received within the deadline, the Employer shall provide a debriefing within five (5) Business Days, unless the Employer 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 the last debriefing takes place.
[In Tables D1, D2 etc., the Proposer shall (a) indicate its proposed source and base values of indices for the different local and foreign currency elements of cost, (b) specify its proposed weightings for local and foreign currency payment.] Table D1. Operation Service- Fee Component 1 Name of currency component Rate of exchange at base date currency per unit of foreign) Name and source of index Base value of index at Base Date Proposer’s Proposed index weighting (%) [at base date] [insert name of local currency] [Insert name of index(es)] b= c= d= [Insert name of Foreign Currency #1] w= [Insert name of Foreign Currency #2] y= [Insert name of Foreign Currency #3] z= Total 100%
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria of the Initial Selection document Contract non-performance did not occur since 1st January [insert year] Contract(s) not performed since 1st January [insert year] Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and US$ equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria No pending litigation Pending litigation Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), USD Equivalent (exchange rate) Contract Identification: Name of Employer: Address of Employer: Matter in dispute: Party who initiated the dispute: Status of dispute:
Particular Conditions of Contract Part A – Contract Data Conditions Sub-Clause Data the Contract allows for Cost Plus Profit, percentage profit to be added to the Cost: 1.1.24 _______ [insert the %, normally 5%] Cut-Off Date (number of days after the Time for Completion of 1.1.26 [number of days] Contractor’s Key Personnel names 1.1.21 & 6.9 [insert the name of each of the Contractor’s Key Personnel to the extent agreed by the Employer prior to Contract signature] Employer’s Representative’s name and address: For the Design Build Period: For the Operation Service Period: 1.1.35
Protection of the Environment Provisional sum for costs of complying with the EMP if not covered within the Contractor’s price. 4.18 [ ] Period for notification of errors, faults and other defects: 5.1 ___________________days after the Commencement Date Normal working hours on the Site: 6.5 Period of the Operation Service: 8.2 [ ] months Time for Completion of Design-Build: 9.2, 1.1.78 [ ] months Time for Completion of each Section: 9.2, 1.1.78 [ ] months Amount of delay damages 9.6 [ ] per day Maximum amount of delay damages 9.6 [ ]% of Accepted Contract Amount for Design Build Commencement Date if different from PCC 10.2. 10.2 Maximum amount of Performance Damages payable by the Contractor (Operation Service): 10.6 and 10.7 Maximum amount of compensation payable by Employer (Operation Service): 10.6b Maximum amount of performance damages payable by the Contractor in any contract year during the Operation Service Period: 10.6 and 10.7 Rights of the Employer if the failure continues for more than 84 days: 10.7 [if to be different from that as set out in 10.7] Clause
The DB be comprised of: 20.3 Either: one sole Member Or: three Members List of potential DB sole members: 20.4 [only when the DB is to be comprised of one sole member, list names of potential sole members; if no potential sole members are to be included, insert: “none”] Appointing entity (official) for DB members, if not agreed between Parties: 20.4 [Insert name of the appointing entity or official] Rules of arbitration: 20.8 (a) [Insert rules of arbitration if different from those of the International Chamber of Commerce] Place of arbitration 20.8 (a) [Insert a neutral location, as appropriate to the applicable arbitration rules] Summary of Sections Section Name/Description (Sub-Clause 1.1.70) Time for Completion of Design Build (Sub-Clause 1.1.78) Damages for Delay (Sub-Clause 9.6) Particular Conditions of Contract Part B- Specific Provisions Sub-Clause 1.1.11 Contract Agreement: “if any” is deleted.
8. Chemical efficiency standards (required for short and medium term DBOs) No Efficiency item Unit Limit Value (maximum permitted average chemical use during evaluation period) Efficiency evaluation period [Specify chemical and consider providing multiple efficiency standards for various conditions – e.g. high/low flow, high/low turbitity etc.] [e.g. Kg per M3 produced] whether: years of Operation Service Period, calendar years, or Calendar Months] (required for shorter term DBOs) Allowable exclusions (if any): [list] Appendix 4 - Schedule of Performance Damages The Contractor shall pay to the Employer performance damages in accordance with GC 10.6 and 10.7 in the amounts specified below. Performance Damages for Delay and Interruptions Ref: Item Unit [e.g. amount per day, per incident etc.] Insert amount [either as an amount in currency or as percentage of Accepted Contract Amount for Design-Build] Performance Damages for failure to meet Performance Standards Ref: Item Unit [e.g. amount per day, per incident, per cubic metre, etc.] Insert amount [either as an amount in currency or as percentage of Accepted Contract Exclusions (if any)