3. Qualification 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 UN, 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 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 4.7 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 January 2014. Must meet requirement12 Must meet requirements Must meet requirement N/A Form CON-2 2.2 Suspension Based on Execution of Bid Securing Declaration by the Employer or withdrawal of the Bid within Bid validity Not under suspension based on execution of a Bid Securing Declaration pursuant to ITB 4.6 or withdrawal of the Bid pursuant ITB 19.9. Must meet requirement Must meet requirement Must meet requirement N/A Bid Submission Form 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 2014 Must meet requirement Must meet requirement Must meet requirement N/A Form CON – 2 Non-
(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 three (3) 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 Turnover Minimum average annual construction turnover for the past 3 years i.e. 2014, 2015 and 2016 as follows USD $ 300,000, calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years, divided by three years Must meet requirement Must meet requirement Must meet ________%, ___________of the requirement Must meet __________%, ___________of the requirement Form FIN – 3.2 4. Experience
2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents. the Letter of Acceptance the Letter of Bid the addenda Nos ________(if any) the Particular Conditions the General Conditions of Contract, including appendix; the Specification the Drawings Bill of Quantities; and any other document listed in the PCC as forming part of the Contract, 3. In consideration of the payments to be made by the Employer to the Contractor as specified in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of . . . . . [name of the borrowing country]. . . . .on the day, month and year specified above. Signed by: Signed by: for and on behalf of the Employer for and on behalf the Contractor in the presence of: in the presence of: Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date Performance Security (Bank Guarantee)