“Engineer” means the person appointed by the Employer to act as the Engineer for the purposes of the Contract. “Force Account” has the definition given the term in the MCC Program Procurement Guidelines. “General Conditions of Contract” or “GCC” the Conditions of Contract for Construction, First Edition, 1999, prepared and copyrighted by the International Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils) and licensed to MCC. means the government of [country]. Enterprise” or “GOE” has the definition given the term in the MCC Program Procurement Guidelines. “HSMP” means the Health and Safety Management Plan prepared by the Contractor and approved by the Engineer under the Contract. “IFC Performance Standards” means the International Finance Corporation’s Performance Standards on Environmental and Social Sustainability. “Instructions to Bidders” or “ITB” Section I (Instructions to Bidders) of this Bidding Document, including any Addenda, which provides Bidders with information needed to prepare their Bids. “Letter of Acceptance” means the completed form with the heading “Form of Letter of Acceptance” included in Section IX (Annex to the Particular Conditions – Contract Forms) which will be issued by the Employer with the Contract Agreement. “Letter of Bid” means the completed form with the heading “Form of Letter of Bid” included in Section IV (Bidding Forms) which are made a part of the Bidder’s Bid. “Millennium Challenge Account Entity” means an accountable entity designated by a government to implement a compact. “Millennium Challenge Corporation” or “MCC” means the Millennium Challenge Corporation, a United States
Employer on any matter related to the bidding process, it may do so in writing, at the address specified in the BDS. Clarification of Bids 28.1 To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer’s request for clarification and the Bidder’s 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 Employer in the evaluation of the Bids, in accordance with ITB 32. 28.2 If a Bidder does not provide clarifications of its Bid by the date and time set in the Employer’s request for clarification, its Bid may be rejected. Deviations, Reservations, and Omissions 29.1 During the evaluation of Bids, the following definitions “deviation” is a departure from the requirements specified in this Bidding Document; “reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in this Bidding Document; and “omission” is the failure to submit part or all of the information or documentation required in this Bidding Document. Bid Review, Evaluation of Bids, and of Bidders 30.1 The Employer’s review of the Bid is to be based on the contents of the Bid itself, as defined in ITB 12, and will involve the following processes as detailed further in Section III, Bid Review, Evaluation Criteria, and Bidder Administrative review is conducted to determine that the Bid is complete, including all required documents and The Bidder may be requested to submit additional information or documentation and/or to correct nonmaterial nonconformities in the Bid related to documentation requirements. Failure of the Bidder to comply with the request to respond to a request within the deadline stated in the request may result in rejection of its Bid. Responsiveness determination is conducted to
Enterprise Compliance with conditions of ITB 5.4 Must meet requirement Existing or intended Venture or other association must meet requirement Must meet requirement N/A Form ELI–2 Factor 2.2 Historical Contract Non-Performance Requirement Bidder Documentation Required Single Entity Venture or Association All members combined Each member At least one member History of non-performing contracts Non-performance of a contract (including contracts terminated for cause) did not occur within the last five (5) years prior to the deadline for Bid submission, determined using all information on fully settled proceedings, litigation, arbitrations, actions, claims, investigations or disputes. Must meet requirement by itself, including as member of past or existing Joint Venture or other association (not N/A Must meet requirement by itself or as member of past or existing Joint Venture, or other association (not mandatory if in the past was as a member of a Joint Venture or other association with N/A Form CON –1
A fully settled proceeding, litigation, arbitration, action, claim, investigation or dispute is one that has been resolved in accordance with the dispute resolution mechanism under the respective contract, and where all appeal instances available to the Bidder have been exhausted. mandatory if in the past was as a member of a Joint Venture or other association with less than 20% role in the contract). less than 20% role in the contract). 2.2.2 Failure to Sign a Contract Failure to sign a contract after receiving a notice of award has not occurred in the past five years. Any deviation should be explained in the enclosed Contract Non-Performance form. Must meet requirement Must meet requirement Must meet requirement N/A Form CON-1