the method indicated in Section III, Bid Review, Evaluation Criteria, and Bidder Qualification Requirements. Correction of Arithmetic Errors 32.1 During the price review as per ITB 30.1 (d), the Employer shall correct arithmetical errors on the following basis: if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; if is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above. 32.2 If the Bidder does not accept the correction of errors, its Bid shall be rejected. Conversion to Single Currency 33.1 For evaluation and comparison purposes, the currency(ies) of the Bids shall be converted into a single currency as specified in the BDS. Price Reasonableness 334.1 If the price reasonableness analysis suggests that a Bid is significantly unbalanced or front loaded, the Employer may require the Bidder to produce a detailed price analysis for any or all items of the Bill of Quantities that demonstrates the internal consistency of prices with the construction methods and schedule proposed. 34.2 A negative determination of price reasonableness (either unreasonably high or unreasonably low) may be a reason for the rejection of the Bid at the discretion of the Employer. The Bidder shall not be permitted to revise its Bid after this determination. No Margin of Preference 35.1 In accordance with the MCC Program Procurement Guidelines, a margin of preference for domestic Bidders not be used. Past Performance and Reference Check 36.1 In accordance with the MCC Program Procurement Guidelines, the Bidder’s performance on earlier contracts will be considered a factor in the Employer’s qualification of the Bidder. The Employer reserves the right to check the performance references provided by the Bidder or to use any other source at the Employer’s discretion.
2. Qualification Sub-Factor 2.1 Eligibility Requirement Bidder Documentation Required Single Entity Joint Venture All members Each member At least one member 2.1.1 Nationality Nationality in accordance with ITB 5.3. Must meet requirement Existing or intended joint venture must meet requirement Must meet requirement N/A Forms ELI-1 and ELI-2, with attachments 2.1.2 Conflict of Interest No conflicts of interests as described in ITB 5.6. Must meet requirement Existing or intended joint venture must meet requirement Must meet requirement N/A Letter of Bid 2.1.3 Ineligibility Not having been deemed ineligible based on any of the criteria set forth in ITB 5 Must meet requirement Existing or intended joint venture must meet requirement Must meet requirement N/A Letter of Bid 2.1.4 Government Owned Enterprise Compliance with conditions ITB 5.4. Must meet requirement Must meet requirement Must meet requirement N/A Form ELI-3 Sub-Factor 2.2 Historical Contract Non-Performance Requirement Bidder
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 (5) 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 2.2.3 Pending Litigation All pending proceedings, litigation, arbitrations, actions, claims, investigations or disputes, in shall not represent more than 10% of the Bidder’s net worth. Must meet requirement by itself or as a member to past or existing Joint Venture or association (not mandatory if in the past was a member of a Joint Venture or other association with less than 20% role in the contract). N/A Must meet requirement by itself or as a member to past or existing Joint Venture or association (not mandatory if in the past was a member of a Joint Venture or other association with less than 20% role in the contract). N/A Form CON-1 Sub-Factor 2.3 Financial Situation Indicative Requirement Bidder
Construction Turnover as total certified payments received for contracts in progress or completed, within last five (5) years. Values to determine annual construction turnover are to be demonstrated in the audited financial statements (income statements) of the last five (5) years and are to be considered to be indicative. of the requirement of the requirement 2.3.3 Financial Resources Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, of credit, and other financial means, other than contractual advance payments to meet: The following requirement: [insert value] and The overall cash flow requirements for this contract and its current commitments. Must meet requirement Must meet requirement Must meet twenty-five percent (25%) of the requirement Must meet fifty-five percent (55%) of the requirement Form FIN-3
2.4.3 Specific Experience in Key Activities For the above or other contracts executed during the period stipulated in 2.4.2 above, a minimum experience in the following key activities: 1…………….. 2…………….. Must meet requirement Must meet requirement N/A For each enumerated activity, at least one member must demonstrate experience at a level equal to at least fifty-five percent (55%) of the required number, volume, or production rate specified. Form EXP-3 2.4.4 Environmental and Social Management Experience Sufficient experience managing environmental and social impacts in similar projects in the last five (5) prior to the Bid submission deadline Must meet requirement Must meet requirement N/A Must meet requirement Form EXP-4 2.4.5 Health and Safety Management Experience Sufficient experience managing health and safety impacts in the last five (5) years prior to the Bid submission deadline. Must meet requirement Must meet requirement N/A Must meet requirement Form EXP-5
country] [OR] [we are a financial institution located outside the Employer’s country but have a correspondent financial institution located in the Employer’s country that will ensure the enforceability of this guarantee. The name of our correspondent bank and contact information is as follows: [provide name, address, phone number, and email address]. This guarantee is subject to the Uniform Rules for Demand Guarantees, 2010 Revision, ICC Publication No. 758, except as may otherwise be stated above. _______________________ [Signature(s)] Technical Offer [The information to be filled in by Bidders in the following pages shall be used for purposes of establishing responsiveness in accordance with ITB Clause 31. With the exception of item 2.1 below, this information shall not be incorporated in the Contract. Attach additional pages as necessary.] Program Social, Gender, Health and Safety Describe the proposed key staffing (technical, environmental, social, health and safety, and gender) roles and responsibilities and the management structure for these activities. Proposed work program (work method and schedule). Descriptions, drawings, and charts, as necessary to comply with the requirements of the Bidding Document. Describe the proposed approach to systematically managing the environmental, social, health, and safety risks and impacts during execution of the work, including a description of the mitigation measures that will be used and international environmental, social, health, and safety standards that may be applicable. Note appropriate mechanisms for monitoring performance, reporting, grievance redress, and taking corrective actions as appropriate. The approach should also apply to the works of any subcontractors as appropriate. Provide enough detail to demonstrate an understanding of the critical environmental, social, health, and safety issues related to the project. Describe arrangements the Bidder proposes to adopt and has included in the Bid to ensure compliance with the gender requirements called for in the Technical Specifications, including Trafficking in Persons (TIP) prohibitions. It is understood that this type of expertise and experience may be outside of the normal experience of some Bidders, and thus call special attention to the
Non-Performing Contracts in accordance with Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements Contract non-performance did not occur during the five years prior to the deadline for Bid submission in accordance with Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements), Sub-Factor 2.2.1. OR Contract(s) not performed during the five years prior to the deadline for Bid submission in accordance with Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements), Sub-Factor 2.2.1. Year Non performed portion of contract Contract Identification Total Contract Amount (current value, US$ equivalent) [insert year] [insert amount and percentage] Contract identification: [indicate complete contract name, number, and any other identification] Name of institution: [insert full name] Address of institution: [insert street/city/country] Reason(s) for non-performance: [indicate main reason(s)] [insert amount] Failure to Sign a Contract, in accordance with Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements failure to sign a contract in accordance with Sub-Factor 2.2.2 of Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements OR Failure to sign a contract in accordance with Sub-Factor 2.2.2 of Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements Failure to Sign Contract In the of failure to sign a contract, clarify/explain your situation according to Sub-Factor 2.2.2 of Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements Pending Litigation Year Claim as Percentage of Total Assets Contract Identification Contract Amount (current value, US$ equivalent) [insert year] [insert percentage] Contract identification: [indicate complete contract name, number, and any identification] Name of institution: [insert full name] Address of institution: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] [insert amount]
Name of Contract Employer, contact address/tel/fax Value of outstanding work (current USD equivalent) Estimated completion date Average monthly invoicing over last six months (USD/month) Form EXP-1: General Construction Experience Each Bidder or member of a JV/Association making up a Bidder must fill in this form. General Construction Experience Starting Year Ending Month Year Years Contract Identification and Name Name and Address of Employer Brief Description of the Works Executed by the Bidder/Member of a JV/Association making up the Bidder Role of Bidder/Member of a JV/Association making up the Bidder
“Performance Security” means the security to be provided by the Contractor in accordance with GCC Clause 54. “Plant” means any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function. “Program” has the meaning given such term in GCC 29.1. “prohibited practice” means any action that violates Section E (Compliance with Anti-Corruption Legislation), Section F (Compliance with Anti-Money Laundering Legislation), and Section G (Compliance with Terrorist Financing Legislation and Other Restrictions) of Annex A to this Contract. “PCC” means Particular Conditions of Contract. “Primary Suppliers” means any person or legal entity who provides goods or materials essential for the contract (as set out in the Bill of Quantity). “Schedule of Key Personnel” means the schedule of key personnel employed by the Contractor, described in GCC Clause 9. “Schedule of Other Contractors” means the schedule of other contractors working on the Site, described in GCC Clause 8. “Site” means the area defined as such in the PCC. “Site Investigation Reports” means those that were included in the bidding documents and are factual and interpretative reports about the surface and subsurface conditions at the Site. “Site Possession means a date on which the Employer is to give possession of all or part of the Site to the Contractor in accordance with GCC Clause 19. “Specifications” means the Technical Specifications of the Works included as part of this Contract and any modification or addition made or approved by the Engineer. Date” means the date specified in the PCC as the date when the Contractor may commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates. “Tax” and “Taxes” have the meanings given such terms in the Compact or related agreement. “Temporary Works” means those works designed, constructed, installed, and removed by the Contractor
Eligibility; Source of Equipment, Material and Services 14.1 The Contractor and its subcontractors, including respective personnel and affiliates, shall at all times during the term of this Contract have the nationality of a country or territory eligible, in accordance with the Compact, the MCC Program Procurement Guidelines and Annex A to this Contract (“Eligible Countries”). The Contractor or a subcontractor and their respective personnel and affiliates shall be deemed to have the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates in conformity with the provisions of the laws of that country. 14.2 All Equipment, Materials, Plant and any services to be incorporate in or required for the Works shall have their origin in Eligible Countries. 14.3 For the purpose of this GCC Clause 14, “origin” the place where the Equipment, Material or Plant have been mined, grown, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics, purposes or utility from its underlying components. With respect to any services, the term “origin” means the place from which the services are supplied. Queries about the Particular Conditions of Contract 15.1 The Engineer shall clarify queries on the PCC. Contractor to Construct the Works 16.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings. The Works to Be Completed by the Intended Completion Date 17.1 The Contractor commence the execution of the Works as soon as is reasonably practicable after the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Engineer, and shall complete the Works by the Intended Completion Date. Approval by the Engineer 18.1 The Contractor shall submit Technical Specifications and Drawings showing any proposed Temporary Works to the Engineer, who is to approve them if they comply with the Technical Specifications and Drawings.
include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee. 27.1 Each of the parties shall treat the details of this Contract as private and confidential, except to the extent necessary to carry out their respective obligations under this Contract or to comply with Applicable Laws. The parties shall not publish or disclose any particulars of the Works prepared by the other party without the previous agreement of the other. However, the Contractor shall be permitted to disclose any publicly available information, or, with the prior consent of the Employer in writing, information otherwise reasonably required to establish its qualifications to compete for other projects. If any dispute arises as to the necessity of any publication or disclosure of the details of this Contract, the same shall be referred to the Employer whose determination shall be final. The Contractor shall ensure that the requirements imposed on the Contractor by this Sub-Clause apply equally to all of its personnel and each subcontractor and its personnel. 27.2 The Contractor shall disclose, and shall cause its personnel as well as any subcontractor and its personnel to disclose, all such confidential and other information as may be reasonably required in order to verify the Contractor’s compliance with this Contract and to allow for this Contract’s proper implementation. Entire Agreement 28.1 This Contract contains all of the covenants, stipulations and provisions agreed to by the parties. No agent or representative of either party has the authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth in this Contract. B. Time Control Program 29.1 Within the time stated in the PCC, after the date of the Letter of Acceptance, the Contractor shall submit to the Engineer for approval a program showing the general methods, arrangements, order, and timing for all the activities in the Works (the “Program”). 29.2 An update of the Program shall be a Program showing the actual progress achieved on each activity and the effect of the