2. Qualification Eligibility and Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture where permitted Submission Requirements All Parties Combined Each Member One Member 2.1 Eligibility 2.1.1 Nationality Nationality in accordance with ITB Sub-Clause 4.3. Must meet requirement Existing or intended JV must meet requirement Must meet requirement N / A Forms ELI –1.1 and With attachments 2.1.2 Conflict of Interest No conflicts of interest in ITB Sub-Clause 4.2. Must meet requirement Existing or intended JV must meet requirement Must meet requirement N / A Letter of Bid 2.1.3 Bank eligibility Not having been declared ineligible by the Bank, as described in ITB Sub-Clause 4.4. & 4.7. Must meet requirement Existing JV must meet requirement Must meet requirement N / A Letter of Bid 2.1.4 Government Owned Entity Bidder to meet conditions of ITB Sub-Clause 4.5. The entity should not be a dependent agency of the borrower or sub-borrower or Employer. Must meet requirement Must meet requirement Must meet requirement N / A Forms ELI -1.1 and 1.2 with attachments 2.1.5 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 Must meet requirement Must meet requirement Must meet requirement N / A Forms ELI -1.1 and 1.2 with attachments
accordance with ITB 4.7 and Section V. 2.2 Historical Contract Non-Performance 2.2.1 History of Contracts Non-performance of a contract did not occur as a result of contractor default since 1st January [Insert year]. Must meet requirement by itself or as member to past or existing JV Must meet the requirement Must meet requirement by itself or as member to past or existing JV N / A Form CON - 2 2.2.2 Suspension due to withdrawal of the Bid within Bid validity Not under suspension due to withdrawal of the Bid pursuant ITB 19.6. Must meet requirement Must meet requirement Must meet requirement N/A Letter of Bid 2.2.3 Pending Litigation Bidder’s financial position and prospective long term profitability sound according to criteria established in 2.3.1 below and assuming that all pending litigation will be resolved against the Bidder Must meet requirement by itself or as member to past or existing JV N / A Must meet requirement by itself or as member to past or existing JV N / A Form CON - 2 Non-
2.2.4 Litigation History No consistent history of court/arbitral award decisions against the Bidder since 1st January [insert year] Must meet requirement by itself or as member to past or existing JV Must meet requirement Must meet requirement by itself or as member to past or existing JV N/A Form CON - 2 2.5 Declaration: Environmental, Social, Health, and Safety (ESHS) past performance Declare any civil work contracts that have been suspended or terminated and/or performance security called by an employer for reasons related to the of any environmental, or social, or health or safety requirements or regulations in the past five years. Must make the declaration. Where there are Specialized the Specialized must also make the declaration. N/A Each must make the declaration. Where there are Specialized the Specialized must also make the declaration. N/A Form CON-3 ESHS Performance Declaration non-
Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture where permitted Submission Requirements All Parties Combined Each Member One Member 2.3 Financial Situation and Performance 2.3.1 Financial Capabilities (a) The Bidder shall 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 Rs_____________(about 3 months cash flow at peak construction period)_for the subject contract(s) net of the Bidders other commitments (b) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has (a) Must meet requirement (b) Must meet requirement (a) Must meet the requirement (b) Must meet requirement (a) Must meet at least 25% of the requirement as a minimum N/A (a) Must meet at least 50% of the requirement as a minimum N/A Form FIN - 3.1 with attachments
in Rs. ……in words and figures]__, calculated as total certified payments received for contracts in progress or completed, Note-The amount stated should normally not be less than twice the estimated annual turnover or cash flow in the proposed Works contract (based on a straight-line projection of the Employer's estimated cost, over the contract duration). Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture where permitted Submission Requirements All Parties Combined Each Member One Member 2.4 Experience 2.4.1 General Construction Experience Experience under construction contracts for similar works such as those pertaining to ………….. [Indicate details of acceptable similar works] in the role of Must meet requirement N/A Must meet requirement of having executed works of similar nature N/A Form EXP – 4.1
contractor, JV member, or management contractor for at least the last five [5] years prior to the bid submission deadline. Qualification Criteria Compliance Requirements Documentation No. Subject Requirement Single Entity Joint Venture where permitted Submission Requirements All Parties Combined Each Member One Member 2.4.2 (a) Specific Construction Experience Bidder should have successfully completed as a prime contractor, JV member, management contractor or sub-contractor, minimum one (1) contract substantially (not less than 90% of contract value) within the last five (5) years (FY…..to FY …..), with a value of at least Must meet requirement Must meet requirement Must meet requirement for one contract of 25% value Must meet requirement for one contract of 50% in value Form EXP 4.2(a). The contractor should have borne responsibility for execution of works to the extent he claims experience. A contractor should not claim experience for the works he has never executed.
(Work should not be split into small parts and sub-contracted; but, sub-contracting specialized elements of works is acceptable). Appendix to Technical Part Bidder’s Qualification To establish its qualifications to perform the contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder Appendix to Technical Part Form-ELI -1.1: Bidder Information Form Date: [insert day, month, year] NCB No. and title: [insert NCB number and title] Page [insert page number] of [insert total number] pages 1.1 Bidder Information Bidder’s legal name In case of JV, legal name of each member Bidder’s country of constitution Bidder’s year of constitution Bidder’s legal address in country of constitution Bidder’s authorized representative
[The following table shall be filled in for the Bidder and for each member of a Joint Venture] Bidder's/Joint Venture Member's Legal Name: [insert full name] Date: [insert day, month, year] JV Party Legal Name: [insert full name] NCB No. and title: [insert NCB number] Page [insert page number]of [insert total number]pages [Identify contracts that demonstrate continuous construction work over the past [5] years pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 2.4.1. List contracts chronologically, according to their commencement (starting) dates.] Starting Month / Year Ending Month / Year Contract Identification Role of Bidder [indicate [indicate Contract name: [insert full name] Brief Description of the Works performed by the Bidder: [describe works performed briefly] Amount of contract: [insert amount in Rupees] Name of Employer: [indicate full name] Address: [indicate street/number/town or city/country] [insert “Contractor” or “Subcontractor” or “Contract Manager”] Contract name: [insert full name] Brief Description of the Works performed by the Bidder: [describe works performed briefly] Amount of contract: [insert amount in Rupees] Name of Employer: [indicate full name] Address: [indicate street/number/town or city/country] [insert “Contractor” or “Subcontractor” or “Contract Manager”] Contract name: [insert full name] Brief Description of the Works performed by the Bidder: [describe works performed briefly] Amount of contract: [insert amount in Rupees Name of Employer: [indicate full name] Address: [indicate street/number/town or city/country] [insert “Contractor” or “Subcontractor” or “Contract Manager”] Appendix to Technical Part Form EXP - 4.2(a) Similar Construction Experience
submission of bids for the Contract and the date of the last Completion certificate. The adjustment shall be the change in the amount of tax payable by the Contractor, provided such changes are not already reflected in the Contract Price. 44. Currencies 44.1 All payments shall be made in Indian Rupees. 45. Price Adjustment 45.1 Contract price shall be adjusted for increase or decrease in rates and price of labour, materials, fuels and lubricants and other inputs to the works in accordance with the principles and procedures outlined below. A table of adjustment data is included in the PCC which indicates the coefficients of various inputs and the sources of indices for various schedules of BOQ. If the PCC does not include a table of adjustment data this sub clause shall not apply and there shall be no price adjustment. (a) The price adjustment according to sub para (d) below, shall apply for the work done from the start date given in the PCC upto the end of the Intended Completion Date. If there is delay in completion beyond such date for reasons attributable to the contractor, the Price Adjustment for the work carried out during such period, for reasons attributable to the Contractor, shall be regulated by sub-para (g) below. (b) The Contract Price shall be adjusted to take account of any increase or decrease in cost after the base date, which affect the Contractor in performance of obligations under the Contract. (c) The total value (R) of the work done during the specified period [GCC 40.1] shall be as under: R= SUM (RS1 + RS2 + RS3 + …….RSn), Where, ‘Rsn’ is the value of work done during the specified period to which the price adjustment shall be applied for the relevant schedule of Bill of Quantities (BOQ) specified in P.C.C during the specified period, and represented as under: Rsn = (Vsn + Ssn) minus (amount of secured advance recovered in the same period + value of works executed under variations for which price adjustments will be worked separately based on
Schedule 4: Steel Fabrication Works Schedule 5: Road Works –WBM Schedule 6: Road BTM Schedule 7: Table 2: Cost Indices and Reference Prices (applicable for specific items) for adjustment in contract prices [as per GCC 45]. WPI with base 2004-2005 = on the Base Date Base Date = Deadline for submission of bids S. No. Cost Element Indices or Cost on the Base Date Index for adjustment Sources of Index [1] [2] [3] [4] [5] [6] 1. Fixed a 2. Labour b Lo- all India average Consumer Price Index (CPI) Number for Industrial Workers for ….. centre (Base 2001 = 100) on the base date. Ln-CPI for the month for which the IPC is related Labour Bureau, Ministry of Labour and Employment, Government of India. 3. Steel c So – Whole-sale Price Index (WPI) for Steel [Steel Long] Sn-WPI for the month which is two months prior to the month to which IPC is related Economic Advisor, Ministry of Commerce and Industry, Government of India. 4. Cement d Co-WPI for Grey Cement Cn-WPI for the month which the cement is brought to site or one month prior to the month to which IPC is related, whichever is less Economic Advisor, Ministry of Commerce and Industry, Government of India 5. Plant & spares e Eo-WPI for “Construction machinery ” En – WPI for the month to which IPC is related Economic Advisor, Ministry of Commerce and Industry, Government of India 6. Diesel f Do-Unit Cost from the identified depot on the base date Dn-Unit Cost for on the first day of the month to which the IPC relates From the ………. Depot 7. Bitumen g Bo-Unit Cost from the identified refinery on the base date Bn- Cost per unit quantity on the first day of the month in which the material is brought to site or two months prior to the date to which IPC is related From …. Refinery 8. Others h Oo- All India Wholesale Price Index(WPI) for all commodities On- All India WPI for all commodities for the month to which IPC is related Economic Advisor, Ministry of Commerce and Industry, Government of India IPC – Interim Payment Certificate
Signature of authorized representative of Contractor Attachment: Copy of contract document between the Employer and contractor and format for recommendation. SUMMARY OF AJUDICATIOR’S RESPONSIBILITIES The Adjudicator has the following principal responsibilities: Visit the site periodically. Keep abreast of job activities and developments. Encourage the resolution of disputes by the parties. When a dispute is referred to it, conduct a hearing (no legal presentation), complete its deliberations, and prepare a recommendations in a professional and timely manner(as per sample format) [in this and the next form, use the term Adjudicator, or Dispute Review Expert as specified in the rest of the bidding document.] Sample Format of Adjudicator’s Recommendation [Project Name] Recommendation of Adjudicator Dispute No. XX [NAME OF DISPUTE] Hearing Date: ____________ Dispute Description of dispute. A one or two sentence summation of the dispute. Contractor’s Position A short summation of the contractor’s position as understood by the Adjudicator. Employer’s Position A short summation of the Employer’s position as understood by the Adjudicator. Recommendation The Adjudicator’s specific recommendation for settlement of the dispute. (The recommended course is consistent with the explanation).