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 determined as follows: 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; or in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above. Bid Security The Bidder shall furnish as part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS. A Bid-Securing Declaration shall use the form included in Section IV Bidding Forms. If a Bid Security is specified pursuant to ITB 20.1, the Bid Security be a demand guarantee and in any of the following forms at the Bidder’s option: an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company); an irrevocable letter of credit; a cashier’s or certified check; or another security specified in the BDS, from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. 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 Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original validity period of the Bid, or beyond any period of extension if requested under ITB 19.2. If a Bid Security or a Bid-Securing Declaration is specified pursuant to ITB 20.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration be rejected by the Employer as nonresponsive.
suitability of the Plant and Installation Services offered in relation to the environmental and climatic conditions prevailing at the site; and quality, function and operation of any process control concept included in the Bid; (b) type, quantity and long-term availability of mandatory and recommended spare parts and maintenance services; and (c) relevant factors, if any, listed in Section III, Evaluation and Qualification Criteria. alternative technical solutions have been allowed in accordance with ITB 13, and offered by the Bidder, the Employer will make a similar evaluation of the alternatives. Where alternatives have not been allowed but have been offered, they shall be ignored. Economic Evaluation. To evaluate a Bid, the Employer consider the following: the Bid price, excluding provisional sums and the provision, if any, for contingencies in the Price Schedules; price adjustment for correction of arithmetic errors in accordance with ITB 32.1; price adjustment due to discounts offered in accordance with ITB 17.11; adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 31.3; converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 33; and the evaluation factors indicated in Section III, Evaluation and Qualification Criteria. If price adjustment is allowed in accordance with ITB 17.7, 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), and the award to a single Bidder of multiple 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. Comparison of Bids The Employer shall compare the evaluated costs of all substantially responsive Bids established in accordance with ITB 35.4 to determine the Bid that has the lowest evaluated cost.
ITB 33.1 The currency that shall be used for Bid evaluation and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: [Insert name of currency] The source of exchange rate shall be: [Insert name of the source of exchange rates (e.g., the Central Bank in the Employer’s Country).] The date for the exchange rate be: [insert day, month and year, e.g. 15 June, 2016 not earlier than 28 days prior to the deadline for submission of the Bids, nor later than the original date for the expiry of Bid validity]. ITB 35.4 (f) The adjustments be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria: [refer to Section III, Evaluation and Qualification Criteria; insert complementary details if necessary] Deviation in Time for Completion: [insert Yes or No. If yes insert the adjustment factor in Section III, Evaluation and Qualification Criteria]; Life costs: the projected operating and maintenance costs during the life of the goods or equipment [insert Yes or No, If yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]; Functional Guarantees of the Facilities [insert Yes or No, If Yes, insert methodology and criteria in Section III, Evaluation and Qualification Criteria] Work, services, facilities, etc., to be provided by the Employer [insert Yes or No. If yes, insert the Methodology and criteria in Section III, Evaluation and Qualification Criteria]; and [insert any other specific criteria here and provide details in Section III, Evaluation and Qualification Criteria] ITB 41 Standstill Period The Standstill Period is________ Business Days [note: the minimum number of Business Days is ten (10)] the date the Employer has transmitted to all Bidders that submitted a Bid, the Notification of its Intention to Award the Contract to the successful Bidder. ‘No Standstill Period applies to this Bidding process.’ If this Bidding process is in response to an emergency situation recognized by the Bank’] ITB 48.1 The procedures for making a Procurement-related Complaint are detailed in the “ (Annex III).” If a Bidder wishes to make a Procurement-related Complaint, the Bidder should submit its complaint following these procedures, in writing (by the quickest means available, that is either by email or fax), to:
writing of its disapproval thereof and the reasons therefor and the modifications that the Project Manager proposes. If the Project Manager to take such action within the said fourteen (14) days, then the said document shall be deemed to have been approved by the Project Manager. 20.3.3 The Project Manager not disapprove any document, except on the grounds that the document does not comply with the Contract or that it is contrary to good engineering practice. 20.3.4 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit it for the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved. 20.3.5 If any dispute or difference occurs between the Employer and the Contractor in connection with or arising out of the disapproval by the Project Manager of any document and/or any modification(s) thereto that cannot be settled between the Parties within a reasonable period, then such dispute or difference may be referred to a Dispute Board for determination in accordance with GCC Sub-Clause 46.1 hereof. If such dispute or difference is referred to a Dispute Board, the Project Manager shall give instructions as to whether and if so, how, performance of the Contract is to proceed. The Contractor shall proceed with the Contract in accordance with the Project Manager’s instructions, provided that if the Dispute Board upholds the Contractor’s view on the dispute and if the Employer has not given notice under GCC Sub-Clause 46.3 hereof, then the Contractor shall be reimbursed by the Employer for any additional costs incurred by reason of such instructions and shall be relieved of such responsibility or liability in connection with the dispute and the execution of the instructions as the Dispute Board shall decide, and the Time for Completion shall be extended accordingly.
nuclear and pressure waves or other natural or physical disaster (f) shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure. 37.2 If either Party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event. 37.3 The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with GCC Clause 40. 37.4 The Party or Parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clauses 37.6 and 38.5. 37.5 No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall (a) constitute a default or breach of the Contract, or (b) give rise to any claim for damages or additional cost or expense occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and 38.4 if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure. 37.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clause 38.5.