operate under commercial law, and (iii) are not under supervision of the Employer. A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid–Securing or Proposal-Securing Declaration. Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank 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 Borrower’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 Works are implemented across jurisdictional boundaries (and more than one country is a Borrower, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.8 (a) above by any country may be applied to that procurement across other countries involved, if the Bank and the Borrowers involved in the procurement agree. A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request. firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment; relates to fraud or corruption, and followed a judicial or administrative proceeding that afforded the firm adequate due process. Eligible Materials, Equipment and Services The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country subject to the restrictions specified in Section V, Eligible Countries, and all expenditures under the Contract will not contravene such restrictions. At the Employer’s request, Bidders may be required to provide evidence of the origin of materials, equipment and services.
Bid conforming to the basic technical requirements shall be considered by the Employer. When specified in the BDS, Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Such parts will be identified in the BDS and described in Section VII, Works’ Requirements. The method for their evaluation will be stipulated in Section III, Evaluation and Qualification Criteria. Bid Prices and Discounts The prices and discounts quoted by the Bidder in the Letter of Bid and in the Activity Schedule or Bill of Quantities shall conform to the requirements specified below. The Bidder shall submit a Bid for the whole of the Works described in ITB 1.1 by filling in prices for all items of the Works, as identified in Section IV. Bidding Forms. In case of admeasurement contracts, the Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities. 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. The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid in accordance with ITB 12.1. Unless otherwise specified in the BDS and the Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section IV- Bidding Forms and the Employer may require the Bidder to justify its proposed indices and weightings. If so specified in ITB 1.1, Bids are invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer discounts for the award of more than one Contract shall specify in their Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB
Qualification Eligibility and Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission Requirements All members Combined Each Member At least one Member 1. Eligibility 1.1 Nationality Nationality in accordance with ITB 4.4 Must meet requirement Must meet requirement Must meet requirement N/A Forms ELI – 1.1 and 1.2, with attachments 1.2 Conflict of Interest No conflicts of interest in accordance with ITB 4.2 Must meet requirement Must meet requirement Must meet requirement N/A Letter of Bid 1.3 Bank Eligibility Not having been declared ineligible by the Bank, as described in ITB 4.5. Must meet requirement Must meet requirement Must meet requirement N/A Letter of Bid 1.4 State-owned enterprise or institution of the Borrower country Meets conditions of ITB 4.6 Must meet requirement Must meet requirement Must meet requirement N/A Forms ELI – 1.1 and 1.2, with attachments 1.5 United Nations resolution or Borrower’s country law Not having been excluded as a result of prohibition in the Borrower’s country laws or official regulations against commercial relations with the Bidder’s country, or by an act of compliance with UN Security Council resolution, both in accordance with ITB 4.8 and Section V. Must meet requirement Must meet requirement Must meet requirement N/A Forms ELI – 1.1 and 1.2, with attachments 2. Historical Contract Non-Performance
2.1 History of Contracts Non-performance of a contract did not occur as a result of contractor default since 1st January [Insert year]. Must meet requirement1 & 2 Must meet requirements Must meet requirement N/A Form CON-2 2.2 Suspension Based on Execution of Bid /Proposal Securing Declaration by the Employer or withdrawal of the Bid within Bid validity period Not under suspension based on execution of a Bid/Proposal Securing Declaration pursuant to ITB 4.7 or withdrawal of the Bid pursuant ITB 19.9 Must meet requirement Must meet requirement Must meet requirement N/A Letter of Bid 2.3 Pending Litigation Bidder’s financial position and prospective long term profitability sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder Must meet requirement N/A Must meet requirement N/A Form CON – 2 2.4 Litigation History No consistent history of court/arbitral award decisions against the Bidder since 1st January [insert year] Must meet requirement Must meet requirement Must meet requirement N/A Form CON – 2 Non-
2.5 Declaration: Environmental, Social, Health, and Safety (ESHS) past performance Declare any civil work contracts that have been suspended or terminated and/or performance security called by an employer for reasons related to the of any environmental, or social (including sexual exploitation and abuse (SEA) and gender based violence (GBV)), or health or safety requirements or safeguard in the past five years. Must make the declaration. there are Specialized the Specialized must also make the declaration. N/A Each must make the declaration. Where there are Specialized the Specialized must also make the declaration. N/A Form CON-3 ESHS Performance Declaration 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 Must meet requirement Must meet Requirement N/A N/A Form FIN – 3.1, with attachments
and must demonstrate the current soundness of the Bidder’s financial position and indicate its prospective profitability. 3.2 Average Annual Construction Turnover Minimum average annual construction turnover of US$ ______________, calculated as total certified payments received for contracts in progress and/or completed within the last ________years, divided by __________years Must meet requirement Must meet requirement Must meet ________%, ___________of the requirement Must meet __________%, ___________of the requirement Form FIN – 3.2 4. Experience 4.1 (a) General Construction Experience Experience under construction contracts in the role of prime contractor, JV member, subcontractor, 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 [state the number] 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 bid submission deadline: (i) N contracts, each of minimum value V; Or (ii) Less than or equal to N contracts, each of minimum value V, but with total value of all contracts equal or more than Must meet requirement Must meet requirement N/A Must meet the following requirements for the key activities listed [list key activities and the corresponding minimum requirements to be met by one member otherwise state: ”N/A”] Form EXP 4.2(a)
size, complexity, construction method, technology and/or other characteristics including part of the requirements that may be met by specialized subcontractors, if permitted in accordance with ITB 34.3] 4.2 (b) For the and any other contracts [substantially completed and under implementation] as prime contractor, joint venture member, or between 1st January [insert year] and Application submission deadline, a minimum construction Must meet requirements [Specify activities that may be met through a specialized subcontractor, if permitted in accordance with ITB 34.3] Must meet requirements [Specify activities that may be met through a Specialized Subcontractor, if permitted in accordance with ITB 34.3 ] N/A Must meet the following requirements for key activities listed below [if applicable, out of the key activities in the first column of this 4.2 b), list key activities (volume, number or rate of production as applicable) and the Form EXP – 4.2 (b)
TOTAL BID PRICE (Including provisional sum) 3. Schedule(s) of Adjustment Data Table A - Local Currency Index Code Index Description Source of Index Base Value and Date Bidder’s Local Currency Amount Bidder’s Proposed Weighting Nonadjustable — — — A: * B: * C: * D: * E: * Total 1.00 [* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E should specify a range of values and the Bidder will be required to specify a value within the range such that the total weighting = 1.00] B - Foreign Currency Name of Currency: _______________ If the Bidder wishes to quote in more than one foreign currency, this table should be repeated for each foreign currency. Index Code Index Description Source of Index Base Value and Date Bidder’s Currency in Type/Amount Equivalent in FC1 Bidder’s Proposed Weighting Nonadjustable — — — A: * B: * C: * D: * E: * Total 1.00 [* To be entered by the Employer. Whereas “A” should a percentage, B, C, D and E should specify a range of values and the Bidder will be required to specify a value within the range such that the total weighting = 1.00] Forms of Bid Security
Method Statement Mobilization Schedule Construction Schedule ESHS Management Strategies and Implementation Plans Code of Conduct (ESHS) Others Form PER -1 Key Personnel Schedule Bidders should provide the names and details of the suitably qualified Key Personnel to perform the Contract. The data on their experience should be supplied using the Form PER-2 below for each candidate. Key Personnel 1. Title of position: Name of candidate: Duration of appointment: [insert the whole period (start and end dates) for which this position will be engaged] Time commitment: for this position: [insert the number of days/week/months/ that has been scheduled for this position] Expected time schedule for this position: [insert the expected time schedule for this position (e.g. attach high level Gantt chart] 2. Title of position: [Environmental Specialist] Name of candidate: Duration of appointment: [insert the whole period (start and end dates) for which this position will be engaged]
Name of contract Employer, contact address/tel/fax Value of outstanding work (current US$ equivalent) Estimated completion date Average monthly invoicing over last six months (US$/month) 1. 2. 3. 4. 5. etc. Form FIN – 3.1: Financial Situation and Performance Bidder’s Name: ________________ Date: ______________________ Joint Venture Member’s Name_________________________ RFB No. and title: ___________________________ Page _______________of ______________pages 1. Financial data Type of Financial information in (currency) Historic information for previous _________years, ______________ (amount in currency, currency, exchange rate, USD equivalent) Year 1 Year 2 Year 3 Year4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA)
Amount of contract: ___________________ Name of Employer: ___________________ Address: _________________________ Form EXP - 4.2(a): Specific Construction and Contract Management Experience Bidder’s Name: ________________ Date: ______________________ Joint Venture Member’s Name_________________________ RFB No. and title: ___________________________ Page _______________of ______________pages Similar Contract No. Information Contract Identification Award date Completion date Role in Contract Contractor Member in JV Management Contractor Total Contract Amount US$ * If member in a JV or subcontractor, specify participation in total Contract amount * Employer's Name: Address: Telephone/fax number E-mail: Form EXP - 4.2(a) (cont.) Specific Construction and Contract Management Experience (cont.)
acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices; Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any manner; (ii) to be a nominated sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project; Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
_____________________ [signature(s)] Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product. Advance Payment Security Demand Guarantee [Guarantor letterhead or SWIFT identifier code] Beneficiary: [Insert name and Address of Employer] Date: [Insert date of issue] ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number] Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead] We have been informed that [insert name of Contractor, 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 Works] (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]1 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: