Letter of Bid and Schedules The Letter of Bid and Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.2. All blank spaces shall be filled in with the information requested. Alternative Bids Unless otherwise specified in the BDS, alternative bids shall not be considered. When alternative times for completion are explicitly invited, a statement to that effect will be included in the BDS, as will the method of evaluating different times for completion. Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the requirements of the Bidding Document must first price the Employer’s design as described in the Bidding Document and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Bidder 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 (including any price reduction) quoted by the Bidder in the Letter of Bid and in the Schedules 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.
Employer’s Right to Accept Any Bid, and to Reject Any or All Bids The Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned to the Bidders. Award of Contract Award Criteria Subject to ITB 37.1, the Employer shall award the Contract to the Bidder whose bid has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. Notification of Award Prior to the expiration of the period of bid validity, the Employer shall notify the successful Bidder, in writing, via the Letter of Acceptance included in the Contract Forms, that its bid has been accepted. At the same time, the Employer shall also notify all other Bidders of the results of the bidding, and shall publish in UNDB online the results identifying the bid and lot (contract) numbers and the following information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as read out at Bid Opening; (iii) name and evaluated prices of each Bid that was evaluated; (iv) name of bidders whose bids were rejected and the reasons for their rejection; and (v) name of the winning Bidder, and the Price it offered, as well as the duration and summary scope of the contract awarded. Until a formal contract is prepared and executed, the notification of award shall constitute a binding Contract. The Employer shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in accordance with ITB 40.1, requests in writing the grounds on which its bid was not selected.
Eligibility and Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission Requirements All Parties Combined Each Member One Member 1. Eligibility 1.1 Nationality Nationality in accordance with ITB 4.3 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 Eligibility Not having been declared ineligible by the World Bank, as described in ITB 4.4, 4.5, 4.6 and 4.7 Must meet requirement Must meet requirement Must meet requirement N/A Letter of Bid 1.4 Government Owned Entity of the Borrower country Meets conditions of ITB 4.5 Must meet requirement Must meet requirement Must meet requirement N/A Forms ELI – 1.1 and 1.2, with attachments 1.5 World Bank 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 World Bank resolution, both in accordance with ITB 4.7 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 Must meet requirement12 Must meet requirements Must meet requirement N/A Form CON-2 Non-
acceptable to the Employer, for the last three (3) years shall be submitted and must demonstrate the current soundness of the Bidder’s financial position and indicate its prospective long-term profitability. Must meet requirement N/A Must meet requirement N/A 3.2 Average Annual Construction Turnover Minimum average annual construction turnover for the past 3 years i.e. 2014-2016 as follows USD $ 200,000, calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years. Must meet requirement Must meet requirement Must meet ________%, ___________of the requirement Must meet __________%, ___________of the requirement Form FIN – 3.2
Address: __________________________________ Telephone/Fax numbers: _____________________ E-mail address: _____________________________ 1. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.3. In case of a Government-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and absence of dependent status, in accordance with ITB 4.5. 2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. Form CON – 2: Historical Contract Non-Performance, Pending Litigation and Litigation History Bidder’s Name: ________________ Date: ______________________ Joint Venture Member’s Name_________________________ NCB No. and title: ___________________________ Page _______________of ______________pages Non-Performed Contracts in accordance with Section III, Evaluation Criteria and Qualifications Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation Criteria and Qualifications, Sub-Factor 2.1. Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation Criteria and Qualifications, requirement 2.1 Year performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and US$ equivalent) Contract Identification: Name of Employer: Address of Employer: Reason(s) for non-performance: Pending Litigation, in accordance with Section III, Evaluation Criteria and Qualifications
the Drawings GCC 3.1 The language of the contract is English. The law that applies to the Contract is the law of Federal Republic of Somalia. GCC 5.1 The Project manager may delegate any of his duties and responsibilities. GCC 8.1 Schedule of other contractors: N/A GCC 13.1 The minimum insurance amounts and deductibles shall be: in accordance of the applicable laws of the country GCC 20.1 The Site Possession Date(s) shall be: within seven days from date of contract signing GCC 23.1 & GCC 23.2 Appointing Authority for the Adjudicator: Office of the Solicitor General, Federal Republic of Somalia GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: N/A GCC 24.4 Any dispute, controversy, or claim arising out of or relating to this Contract, or breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.” The place of arbitration shall be: Mogadishu, Federal Republic of Somalia B. Time Control GCC 26.1 The Contractor shall submit for approval a Program for the Works within Seven (7) days from the date of the Letter of Acceptance.