if the successful Bidder fails to: sign the Contract in accordance with ITB 47, or furnish a Performance Security and if required in the BDS, the Environmental, Social, Health and Safety (ESHS) Performance Security in accordance with ITB 48; the Borrower may, if provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Employer for a period of time stated in the BDS. Format and Signing of Bid The Bidder shall prepare one original of the documents comprising the Bid as described in ITB 11 and clearly mark it “Original”. Alternative Bids, if permitted in accordance with ITB 13, shall be clearly marked “Alternative”. In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS, and clearly mark each of them “Copy.” In the event of any discrepancy between the original and the copies, the original shall prevail. Bidders mark as “CONFIDENTIAL” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets, or commercial or financially sensitive information. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid. In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives. Any interlineations, erasures, or overwriting be valid only if they are signed or initialed by the person signing the Bid. Submission and Opening of Bids Sealing and Marking of Bids The Bidder shall deliver the Bid in a single, sealed envelope Bidding process). Within the single envelope the Bidder shall place the following separate, sealed envelopes:
(i) N contracts, each of minimum V; Or Option 2: (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 N x V. (b) For multiple Contracts Option 1: (i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the Bidder has submitted Bids as follows, and N1, N2, N3, etc. shall be different contracts: Lot 1: N1 contracts, each of minimum value V1; Lot 2: N2 contracts, each of minimum value V2; Lot 3: N3 contracts, each of minimum value V3; ----etc. or Option 2: (i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the Bidder has submitted Bids as follows, and N1,N2,N3, etc. shall be different contracts: Lot 1: N1 contracts, each of minimum V1; Lot 2: N2 contracts, each of minimum V2; Lot 3: N3 contracts, each of minimum value V3; ----etc., or (ii) Lot 1: N1 contracts, each of minimum value V1; or number of contracts less than or equal to N1, each of minimum value V1, but with total value of all contracts equal or more than N1 x V1. Lot 2: N2 contracts, each of minimum value V2; or number of contracts less than or equal to N2, each of minimum value V2, but with total value of all contracts equal or more than N2 x V2. Lot 3: N3 contracts, each of minimum value V3; or number of contracts less than or equal to N3, each of minimum value V3, but with total value of all contracts equal or more than N3 x V3.
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 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 Non-performance of a Must meet Must meet Must meet N/A Form CON-2 Non-
Contracts contract did not occur as a result of contractor default since 1st January [Insert year]. requirement1 & 2 requirements requirement 2.2 Suspension Based on Execution of Bid /Proposal Securing Declaration by the Employer or withdrawal of the Bid within Bid validity period Not 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 2.5 Declaration: Declare any civil Must make the N/A Each must N/A Form CON-3 ESHS
Environmental, Social, Health, and Safety (ESHS) past performance work contracts that have been suspended or terminated and/or performance security called by an employer for reasons related to the non-compliance of any environmental, or social, or health or safety requirements or safeguard in the past five years. declaration. there are Specialized the Specialized must also make the declaration. make the declaration. Where there are Specialized the Specialized must also make the declaration. Performance Declaration 3. Financial Situation and Performance 3.1 Financial Capabilities (i) The Bidder demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow requirements estimated as USD $ __________for the subject contract(s) net Must meet requirement Must meet Requirement N/A N/A Form FIN – 3.1, with attachments
of the Bidder’s other commitments (ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments. Must meet requirement Must meet requirement N/A N/A (iii) The audited balance sheets or, if not required by the laws of the Bidder’s country, other financial statements acceptable to the Employer, for the last ______years shall be submitted and must demonstrate the current soundness of the Bidder’s financial position and indicate its prospective profitability. Must meet requirement N/A Must meet requirement N/A 3.2 Average Annual Construction Minimum average annual construction Must meet requirement Must meet requirement Must meet ________%, Must meet __________%, Form FIN – 3.2
Turnover turnover of US$ ______________, calculated as total certified payments received for contracts in progress and/or completed within the last ________years, divided by __________years ___________of the requirement ___________of the requirement 4. Experience 4.1 (a) General Construction Experience Experience 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 the number] similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture Must meet requirement Must meet requirement N/A Must meet the following requirements for the key activities listed below [list key activities and the corresponding minimum Form EXP 4.2(a)
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 experience in the following key activities successfully completed: [list key activities indicating volume, number or rate of production as applicable. Under 4.2(a), specified requirements define similarity of 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 corresponding minimum requirements that have to be met by one member, otherwise this cell should state: “N/A”.] Form EXP – 4.2 (b)
A - Local Currency 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] Table 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 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] of Bid Security Form of Bid Security - Bank Guarantee [Guarantor letterhead or SWIFT identifier code] Beneficiary:
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. _____________________________ [signature(s)] Note: All italicized text is for use in preparing this form and be deleted from the final product. Form of Bid Security – Bid Bond [The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.] BOND NO. ______________________ BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and [name, title, and address of surety], authorized to transact business in [name of country of Employer], as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Employer] as Obligee (hereinafter called “the Employer”) in the sum of [amount of Bond] [amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a written Bid to the Employer the ___ day of ______, 20__, for the execution of [name of Contract] (hereinafter called the “Bid”). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal: has withdrawn its Bid during the period of bid validity set forth in the Principal’s Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the Principal; or having been notified of the acceptance of its Bid by the Employer during the Bid Validity Period or any extension thereto provided by the Principal: (i) failed to execute the contract agreement; or (ii) has failed to furnish the Performance Security and, if
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] 4. Title of position: [Social Specialist] 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] 5. Title of position: [insert title] 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] Form PER-2: Resume and Declaration Key Personnel Name of Bidder Position [#1]: [title of position from Form PER-1] Personnel information Name: Date of birth: Address: E-mail: Professional qualifications: Academic qualifications:
date of last inspection, and highlights of inspection including status of accommodations’ compliance with national and local law and good practice, including sanitation, space, etc.; actions taken to recommend/require improved conditions, or to improve conditions. HIV/AIDS: provider of health services, information and/or training, location of clinic, number of non-safety disease or illness treatments and diagnoses (no names to be provided); gender (for expats and locals separately): number of female workers, percentage of workforce, gender issues raised and dealt with (cross-reference grievances or other sections as needed); training: number of new workers, number receiving induction training, dates of induction training; number and of toolbox talks, number of workers receiving Occupational Health and Safety (OHS), environmental and social training; number and dates of HIV/AIDS sensitization training, no. workers receiving training (this month and in the past); same questions for gender sensitization, flaglady/flagman training. environmental and social supervision: environmentalist: days worked, areas inspected and numbers of inspections of each (road section, work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest crossings, etc.), highlights of activities/findings (including violations of environmental and/or social best practices, actions taken), reports to environmental and/or social specialist/construction/site management; sociologist: days worked, number of partial and full site inspections (by area: road section, work camp, accommodations, quarries, borrow spoil areas, clinic, HIV/AIDS center, community centers, etc.), highlights of activities (including violations of environmental and/or social requirements observed, actions taken), reports to environmental and/or social specialist/construction/site management; and community liaison person(s): days worked (hours community center open), number of people met, highlights of activities (issues raised, etc.), reports to environmental and/or social specialist /construction/site management. Grievances: list this and unresolved past grievances by date received, complainant, how received, to whom referred to for action, resolution and date (if completed), data resolution reported to complainant, any required other sections as needed):
shall also provide immediate notification to the Project Manager of incidents in the following categories. Full details of such incidents shall be provided to the Project Manager within the timeframe agreed with the Project Manager. confirmed or likely violation of any law or international agreement; any fatality or serious (lost time) injury; significant adverse effects or damage to private property (e.g. vehicle accident, damage from fly rock, working beyond the boundary) major pollution of drinking water aquifer or damage or destruction of rare or endangered habitat (including protected areas) or species; or any allegation of sexual harassment or sexual misbehavior, child abuse, defilement, or other violations involving children. GCC 26.3 The period between Program updates is [insert number] days. The amount to be withheld for late submission of an updated Program is [insert amount]. C. Quality Control GCC 34.1 The Defects Liability Period is: [insert number] days. [The Defects Liability Period is usually limited to 12 months, but could be less in very simple cases] D. Cost Control GCC 38.2 At the end of 38.2 add after the first sentence: “The Contractor shall also provide information of any ESHS risks and impacts of the Variation.” GCC 38.7 If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be ___% (insert appropriate percentage. The percentage is normally up to 50%) of the reduction in the Contract Price. GCC 38.7 In the paragraph insert new sub-paragraph (d):
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers] Email Address: [insert Authorized Representative’s email address] [IMPORTANT: insert the date that this Notification is transmitted to Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.] DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time) Notification of Intention to Award Employer: [insert the name of the Employer] Project: [insert name of project] Contract title: [insert the name of the contract] Country: [insert country RFB is issued] Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant] RFB No: [insert RFB reference number from Procurement Plan] This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period you may: request a debriefing in relation to the evaluation of your Bid, and/or submit a Procurement-related Complaint in relation to the decision to award the contract. The successful Bidder Name: [insert name of successful Bidder] Address: [insert address of the successful Bidder] Contract price: [insert contract of the successful Bid] Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If the Bid’s price was evaluated include the evaluated price as well as the Bid price as read out.] Name of Bidder Bid price Evaluated Bid (if applicable) [insert name] [insert Bid price] [insert evaluated price] [insert name] [insert Bid price] [insert evaluated price] [insert name] [insert Bid price] [insert evaluated price] [insert name] [insert Bid price] [insert evaluated price]