Section I.  Instructions to Bidders

1. General

1.    Scope of Bid and Bidder Eligibility

1. 1. The Employer, as indicated in the Bid Data Sheet (BDS), issues this Bidding Document for the procurement of Works as specified in the Employer’s Requirements and Supplementary Information.  The name, identification, and number of lots (contracts) are provided in the BDS.

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1. Unless otherwise stated, throughout this Bidding Document:

1. the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including if specified in the BDS, distributed or received through electronic-procurement system used by the Employer) with proof of receipt;

1. if the context so requires, “singular” means “plural’ and vice versa;

1. “Day” means calendar day, unless otherwise specified as a “Business Day.” A Business Day is any day that is a working day of the Recipient. It excludes the Recipient’s official public holidays;

1. the term “ESHS” means environmental, social, health and safety (including Sexual and Gender Based Violence (SGBV);

1. the word “tender” is synonymous with “bid”, and “tenderer” with “bidder” and the words “tender documents” with “bidding documents”; and

1. words and expressions shall have the meanings and/or definitions as are respectively assigned to them within this Bidding Document, including in the Conditions of Contract.

1.3 Eligible Bidders

1. Bidders shall meet the eligibility criteria as per this ITB.
2. A Bidder may be a firm that is a private entity or institution, or any both in the form of a Joint Venture (JV) with the formal intent, as evidenced by a letter of intent, to enter into an agreement or under an existing agreement. In the case of a joint venture, all partners shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms.  The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the Bidding process and during contract execution (in the event the JV is awarded the Contract). Unless specified in the BDS, there is no limit on the number of partners in a JV.
3. A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids. This includes participation as a subcontractor in other Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved.  A firm that is not a Bidder or a JV member may participate as a subcontractor in more than one Bid.
4. Bidders or joint venture partners shall have the nationality of an eligible country as detailed in BDS and shall comply with the following:
   1. be legally constituted, incorporated or registered in and operates in conformity with the provisions of the laws of an eligible country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be, and have their principal place of business in an eligible country;
   2. be more than fifty (50) percent beneficially-owned by a citizen or citizens and/or a bona fide resident or residents of an Eligible Country, or by a body corporate or bodies meeting these requirements, as far as the ownership can be reasonably determined; and
   3. shall have no arrangement and undertake not to make any arrangement whereby the majority of the financial benefits of the contract, i.e. more than fifty (50) percent of the value of the contract, will accrue or be paid to subcontractors or sub-consultants that are not from an Eligible Country.
5. A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:
   1. directly or indirectly controls, is controlled by or is under common control with another Bidder; or
   2. receives or has received any direct or indirect subsidy from another Bidder; or
   3. has the same legal representative as another Bidder; or
   4. has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this Bidding process; or has a close business or family relationship with a professional staff of the Recipient (or of the project implementing agency, or of a beneficiary of a part of the financing) who: (i) are directly or indirectly involved in the preparation of the Bidding Document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to CDF throughout the Bidding process and execution of the Contract.
6. Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.

1. Contents of the Bidding Document

1. Sections of the Bidding Document

1. 1. The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 4.

PART 1 Bidding Procedures

Section I − Instructions to Bidders (ITB)

Section II − Bid Data Sheet (BDS)

Section III − Evaluation and Qualification Criteria

Section IV − Bidding Forms

PART 2 Employer’s Requirements and Supplementary Information

Section V − Employer’s Requirements and Supplementary Information

PART 3 Conditions of Contract and Contract Forms

Section VI − General Conditions (GC)

Section VII − Particular Conditions (PC)

1. 1. The Invitation to Bid issued by the Employer is not part of the Bidding Document.

1. 1. Unless obtained directly from the Employer, the Employer is not responsible for the completeness of the Bidding Document, responses to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda to the Bidding Document in accordance with ITB 4. In case of any contradiction, documents obtained directly from the Employer shall prevail.

1. 1. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document and to furnish with its Bid all information or documentation as is required by the Bidding Document.

1. Clarification of the Bidding Document, Site Visit, Pre-Bid Meeting

A prospective Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employer’s address indicated in the BDS or raise its enquiries during the pre-bid meeting if provided for in accordance with ITB 3.4.  The Employer will respond in writing to any request for clarification, provided that such request is received no later than the date specified in the BDS.  The Employer shall forward copies of its response to all Bidders who have acquired the Bidding Document in accordance with ITB 2.4, including a description of the inquiry but without identifying its source.  Should the clarification result in changes to the essential elements of the Bidding Document, the Employer shall amend the Bidding Document following the procedure under ITB 4.

1. The Bidder is advised to visit and examine the Site of Works and its surroundings and to obtain for itself on its own responsibility all necessary information as to risks, contingencies and other circumstances which may influence or affect the Bid or Works. To the same extent, the Bidder shall be deemed to have inspected and examined the Site, its surroundings, the data made available to it by the Employer (if any) and other available information, and to have been satisfied before submitting its Bid as to all relevant matters (without limitation) that may be necessary for preparing the Bid and entering into a contract for the design, execution and completion of the Works and the remedying of any defects, and, if required under the Bid/Contract, operate or supervise the operation of the Works.  The costs of visiting the Site, obtaining information and undertaking similar activities shall be at the Bidder’s own expense.

1. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

1. The Bidder’s designated representative is invited to attend a pre-bid meeting and/or a Site of Works visit, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

1. The Bidder is requested to submit any questions in writing. Questions should reach the Employer not later than one week before the meeting.

1. Minutes of the pre-bid meeting, including the text of the questions raised, without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 2.3.  Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to ITB 4 and not through the minutes of the pre-bid meeting.

1. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

1. Amendment of Bidding Document

1. At any time prior to the deadline for submission of Bids, the Employer may amend the Bidding Document by issuing addenda.

1. Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Employer in accordance with ITB 2.3. An Addendum or any Addenda that amend, including by way of being a supplement to, the documents forming the Contract shall be incorporated into the Contract.

1. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer may extend the deadline for the submission of Bids, pursuant to ITB 18.

1. Cost of Bidding

1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

1. Contacting the Employer

1. From the time of Bid opening to the time of Contract award, if any Bidder wishes to contact the Employer on any matter related to the bidding process, it should do so in writing.

1. If a Bidder tries to directly influence the Employer or otherwise interfere in the Bid evaluation process and/or the Contract award decision, its Bid may be rejected.

1. Language of Bid

1. 1. The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS.  Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

C.      Preparation of Bids

1. Documents Comprising the Bid

1. 1. The Bid shall comprise two Parts, namely the Technical Part and the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (single-stage, two-

envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”.

1. 1. The Technical Part submitted by the Bidder shall comprise the following:

1. 1. Letter of Bid - Technical Part, prepared in accordance with ITB 9;

1. 1. Security - Bid Security or Bid-Securing Declaration, in accordance with ITB 14;

1. 1. Alternative Bid - Technical Part, if permissible in accordance with ITB 10;

1. 1. written confirmation authorising the signatory of the Bid to commit the Bidder, in accordance with ITB 16;

1. 1. documentary evidence in accordance with ITB 13 affirming the Bidder’s continued eligibility and qualified status to perform the Contract if its Bid is accepted;

1. 1. the Contractor’s Proposal, a time programme, qualification forms and any other forms and information as stipulated in Section IV, Bid Forms – Technical Part;

1. any other document required in the BDS.

1. 1. The Financial Part submitted by the Bidder shall comprise the following:

1. 1. 1. 1. 1. Letter of Bid - Financial Part: prepared in accordance with ITB 9 and which includes the Appendix to Bid;

1. 1. 1. 1. 1. Price Schedules: completed and/or prepared in accordance with ITB 11 and ITB 12.

1. 1. 1. 1. 1. Alternative Bid – Financial Part: if permissible in accordance with ITB 10; and

1. 1. 1. 1. 1. any other document required in the BDS.

1. The Technical Part shall not include any financial information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part, the Bid shall be declared non-responsive.

1. Letter of Bid and Schedules

1. 1. The Bidder shall complete the Letter of Bid – Technical Part and Letter of Bid - Financial Part 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 16. All blank spaces shall be filled in with the information requested.  Additional letters (including comments or statements in any cover letter or the like accompanying the Bid) that may be construed as amendments to the Letters of Bid shall not be included in the submission and, if they are, they will either not be accepted or may result in the bid being declared non-responsive.

1. Alternative Bids

1. 1. If permitted in the BDS, a Bidder wishing to offer an alternative Bid shall:

1. 1. 1. 1. 1. 1. document that the proposed alternative is to the benefit of the Employer, that it fulfills the purpose of the Works as defined in and/or can be determined from the Conditions of Contract, the Employer’s Requirements and other relevant documents that will form the Contract, and that it meets the performance and technical criteria specified in the Bidding Documents; and

1. 1. 1. 1. 1. 1. document that the proposed alternative is to the benefit of the Employer, that it fulfills the purpose of the Works as defined in and/or can be determined from the Conditions of Contract, the Employer’s Requirements and other relevant documents that will form the Contract, and that it meets the performance and technical criteria specified in the Bidding Documents; and provide all information necessary to enable a complete technical evaluation of the alternative by the Employer, including, drawings, design calculations, additional technical specifications (if required), proposed construction methodology and all other relevant details; and

1. 1. 1. 1. 1. 1. provide all information necessary to enable a complete financial evaluation of the alternative by the Employer, including breakdown of prices relevant to the offered technical alternative and in the manner and detail called for in the Schedule of Rates and Prices (if any) included in Section IV – Bid Forms.

1. 1. Only the alternative Bid(s), if any, of the Bidder with the Most Advantageous Bid shall be considered by the Employer.

1. Bid Prices and Discounts

1. 1. The prices and discounts (including any price reduction) quoted by the Bidder in the Letter of Bid – Financial Part and in the Price Schedules submitted in the Financial Part of a Bid shall conform to the requirements specified below.

1. 1. The Bid price shall be a lump sum for the design, execution and completion of the Works and remedying of any defects therein, in conformity with the Bid document.  The Bidder shall fill in prices for all items of the Works described in the Price Schedules/Schedules of Payment.  Items against which no price is entered by the Bidder shall be deemed covered by the prices for other items in the Price Schedules/Schedule of Payments and will not be paid for separately by the Employer.  Pricing of the items listed in the Price Schedules/Schedule of Payments shall be based on the Bidders design and the Bidders may extend or amend the listed items to the extent permitted by the Bid document.

1. 1. The price to be quoted in the Letter of Bid – Financial Part, in accordance with ITB 9, shall be the total price of the Bid, excluding any discounts offered.

1. 1. The Bidder shall quote any conditional and/or unconditional discounts (as defined in ITB 11.6) and indicate the methodology for their application in the Letter of Bid – Financial Part, in accordance with ITB 9.1.

1. 1. Unless otherwise provided in the BDS and the Contract, the rates and prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract.  In such a case, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the tables of Adjustment Data and the Employer may require the Bidder to justify its proposed indices and weightings.

1. 1. If so indicated in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of lots (packages), Bidders wishing to offer any price reduction for the award of more than one Contract shall specify in their Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package.  Discounts shall be submitted in accordance with ITB 11.4, provided the Bids for all lots (contracts) are submitted and opened at the same time.

1. 1. Unless otherwise specified in the BDS and Letter of Bid – Financial Part, all duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of Bids, shall be included in the rates and prices and the total Bid price submitted by the Bidder.

1. Currencies of Bid and Payment

1. 1. The currency(ies) of the Bid and the currency(ies) of payments shall be the same and shall be as specified in the BDS.

1. 1. Bidders may be required by the Employer to justify, to the Employer’s satisfaction, their local and foreign currency requirements, and to substantiate that the amounts included in the Schedule of Priced Activities and Sub-activities Schedules and shown in the Table of Adjustment Data in the Appendix to the Bid are reasonable, in which case a detailed breakdown of the foreign currency requirements shall be provided by Bidders.

1. Documents Affirming the Qualification of the Bidder

1. 1. In accordance with Section III, Evaluation and Qualification Criteria, to affirm that the Bidder continues to meet the qualification criteria used at the time of prequalification, the Bidder shall provide updated information on any assessed aspect that changed from that time.

1. Any change in the structure or formation of a Bidder after being prequalified and invited to submit a Bid (including, in the case of a JV, any change in the structure or formation of any member and any change in any Specialised Subcontractor) shall be subject to the written approval of the Employer prior to the deadline for submission of Bids. Such approval shall be denied if:

1. a Bidder proposes to associate with a disqualified Bidder or in case of a disqualified joint venture, any of its members;

(b)      as a consequence of the change, the Bidder no longer substantially meets the qualification criteria set forth in the Prequalification Documents;

(c)      no longer continues to be in the list of prequalified Bidders as a result of the Employer’s re-evaluation of the Application in accordance with criteria specified in the Prequalification Documents; or

(d)      in the opinion of the Employer, the change may result in a substantial reduction in competition. Any such change should be submitted to the Employer not later than fourteen (14) days after the Notice of Invitation to Bid.

1. Bid Security/Bid Securing Declaration

1. The Bidder shall furnish as part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS.

1. A Bid-Securing Declaration shall use the form included in Section IV, Bid Forms.

1. If a Bid Security is specified pursuant to ITB 14.1, the Bid security shall be a demand guarantee in any of the following forms at the Bidder’s option:

1. an unconditional guarantee issued by a bank or a non-bank financial institution (such as an insurance, bonding or surety company);

1. an irrevocable letter of credit;

1. a cashier’s or certified cheque; or

1. another security indicated in the BDS,

from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required.

1. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bid Forms or in another substantially similar format approved by the Employer prior to Bid submission.  In either case the form must include the complete name of the Bidder.  The Bid Security shall be valid for twenty-eight days (28) beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 15.2

1. If a Bid Security or a Bid-Securing Declaration is specified pursuant to ITB 14.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer as non-responsive.

1. If a Bid Security is specified in accordance with ITB 14.1, the Bid Security of the Bidders shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security pursuant to ITB 49.

1. The Bid Security may be forfeited or the Bid-Securing Declaration executed:

1. if a Bidder does not accept changes to their Bid price resulting from the correction of arithmetical errors that have been corrected in accordance with ITB 33.2; or

1. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or

1. if the successful Bidder fails to:

1. sign the Contract in accordance with ITB 48; or

1. furnish a Performance Security, in accordance with ITB 49.

1. 1. The Bid Security or the Bid-Securing Declaration of a JV shall be in the name of the JV that submits the Bid. If the JV has not been legally constituted into a legally enforceable JV at the time of submission of Bids, the Bid Security or the Bid-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in 8.2.

1.     If a Bid Security is not required in the BDS, and:

1. if a Bidder does not accept changes to their Bid price resulting from the correction of arithmetical errors that have been corrected in accordance with ITB 33.2; or

1. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or

1. if the successful Bidder fails to:

1. 1. 1. sign the Contract in accordance with ITB 48; or

1. 1. 1. furnish a Performance Security, in accordance with ITB 49,

the Employer may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS.

1. Period of Validity of Bids

1. Bids shall remain valid for the period specified in the BDS after the Bid submission deadline date prescribed by the Employer in accordance with ITB 14. A Bid valid for a shorter period shall be rejected by the Employer as nonresponsive.

1. In exceptional circumstances, prior to the expiration of the Bid validity period, the Employer may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB 14, the Bidder granting the request shall also extend the Bid Security for twenty-eight (28) days beyond the deadline of the extended validity period. A Bidder may refuse the request without forfeiting its Bid Security or having its Bid Securing Declaration envoked. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 15.3.

1. If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity, the Accepted Contract Amount shall be determined as follows:

1. 1. 1. In the case of fixed price contracts, the Accepted Contract Amount shall be the Bid price, resulting from the correction of arithmetical errors that have been corrected in accordance with ITB 33.2, adjusted by the factor specified in the BDS; or

1. 1. 1. In the case of adjustable price contracts, no adjustment shall be made; but

1. 1. 1. In any case, Bid evaluation shall be based on the Bid price, duly corrected in accordance with ITB 37.2 or arithmetical errors, without taking into consideration the adjustment factor referred to in ITB 15.3(a).

1. Format and Signing of Bid

1. 1. The Bidders shall prepare one original of the documents comprising the Bid as described in ITB 8 and clearly mark it “ORIGINAL.” Alternative Bids, if permitted in accordance with ITB 10, 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 them “COPY.”  In the event of any discrepancy between the original and the copies, the original shall prevail.

1. 1. Bidders shall mark as “CONFIDENTIAL” all information in their Bids which is confidential to their business. This may include proprietary information, trade secrets, or commercial or financially sensitive information.

1. 1. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorised to sign on behalf of the Bidder.  This authorisation 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 authorisation must be typed or printed below the signature.  All pages of the Bid where entries or amendments have been made shall be signed or initialled by the person signing the Bid.

1. 1. In case the Bidder is a JV, the Bid shall be signed by an authorised 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 authorised representatives.

1. 1. Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the Bid.

D.      Submission of Bids

1. Submission, Sealing and Marking of Bids

1. 1. Unless the BDS for ITB 18.1 states Bids may be submitted electronically the following procedures shall apply:

1. The Bidder shall deliver the Bid in two separate, sealed envelopes. One envelope containing the Technical Part and the other the Financial Part. These two envelopes shall be enclosed in a sealed outer envelope and clearly marked “Bid - Original”.

1. In addition, the Bidder shall prepare copies of the Bid, in the number specified in the BDS for ITB 16.1. Copies of the Technical Part shall be placed in a separate sealed envelope marked “Copies: Technical Part”. Copies of the Financial Part shall be placed in a separate sealed envelope marked “Copies: Financial Part”. The Bidder shall place both of these envelopes in a separate, sealed outer envelope marked “Bid - Copies”. In the event of any discrepancy between the original and the copies, the original shall prevail.

1. If alternative Bids are permitted in accordance with ITB 10, the alternative Bids shall be submitted as follows: the original of the alternative Bid Technical Part shall be placed in a sealed envelope marked “Alternative Bid – Technical Part” and the Financial Part shall be placed in a sealed envelope marked “Alternative Bid – Financial Part” and these two separate sealed envelopes then enclosed within a sealed outer envelope marked “Alternative Bid – Original”, the copies of the alternative Bid will be placed in separate sealed envelopes marked “Alternative Bid – Copies of Technical Part”, and “Alternative Bid – Copies of Financial Part” and enclosed in a separate sealed outer envelope marked “Alternative Bid - Copies”

1. 1. The inner and outer envelopes shall:

1. bear the name and address of Bidder;

1. be addressed to the Employer, at the address given in the BDS for ITB 17.1; and

1. bear the Contract(s) name, the Invitation for Bids title and number, as specified in the BDS for ITB 1.1, and the statement “Do Not Open Before [time and date],” to be completed with the time and date specified in the BDS for ITB 18.

21.3     If the outer and/or inner envelopes is/are not sealed and marked as required by ITB 17.1 and ITB 17.2, the Employer will assume no responsibility for the Bid’s misplacement or premature opening.

1. Deadline for Submission of Bids

1. 1. Bids must be received by the Employer at the address specified, and no later than the time and date specified, in the BDS. Bidders have the option of submitting their Bids electronically if specified in the BDS.

1. 1. The Employer may, at its discretion, extend the deadline for submission of Bids by amending the Bidding Document in accordance with ITB 4.3, in which case all rights and obligations of the Employer and Bidders will thereafter be subject to the deadline as extended.

1. Late Bids

1. 1. The Employer shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 18.  Any Bid received by the Employer after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

1. Withdrawal, Substitution and Modification of Bids

1. 1. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by an authorised representative, including a copy of the authorisation in accordance with ITB 16.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice.  All notices must be:

1. prepared and submitted in accordance with ITB 16 and ITB 17 (except that withdrawals notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Bid - Withdrawal”, “Bid - Substitution” or “(Technical Part and/or Financial Part) - Modification;” and

1. received by the Employer prior to the deadline prescribed for submission of Bids, in accordance with ITB 18.

1. 1. Bids for which withdrawal notices complying with the requirements of ITB 20.1 are received, shall be returned unopened to the Bidders.

1. 1. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Letter of Bid or any extension thereof.

1. Opening of Bids and Technical Parts of Bids

1. Opening of Bids and Technical Parts of Bids

1. 1. Except in the cases specified in ITB 19 and ITB 20.2, the Employer shall publicly open and read out in accordance with this ITB all Bids received by the deadline, at the date, time and place specified in the BDS, in the presence of Bidders` designated representatives and anyone who chooses to attend.  Any specific electronic Bid opening procedures required if electronic Bidding is permitted in accordance with ITB 18.1, shall be as specified in the BDS.

1. 1. First, the envelopes marked “Withdrawal” shall be opened and the written notice of withdrawal read out, and the envelope with the corresponding Bid shall not be opened but returned to the Bidder. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorisation to request the withdrawal and is read out at Bid opening.

1. 1. Alternative Bids shall be opened and the name(s) of the Bidder(s) submitting alternatives shall be read out and the Alternative Bids put to one side.

1. 1. Next, envelopes marked “Substitution” shall be opened and the written notice of substitution read out. The substitute Bid shall be exchanged with the corresponding Bid. The substituted Bid shall not be opened but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorisation to request the substitution and is read out at Bid opening.

1. 1. Next, envelopes marked “Modification – Technical Part” shall be opened and the written notice of modification read out with the corresponding Technical Part of the Bid.  On opening the Modification – Technical Part envelopes, the Employer shall also read out:

1. the name of the Bidder,

1. the presence or absence of a Bid security or a Bid-Securing Declaration, and

1. other details as the Employer, at its sole discretion, may consider appropriate.

1. 1. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorisation to request the modification and is read out at Bid opening. 

1. 1. Next, all remaining envelopes marked “Technical Part” shall be opened one at a time. All envelopes marked “Financial Part” shall remain sealed and kept by the Employer in safe custody until they are opened, in accordance with ITB 30 or ITB 31, following the evaluation of the Technical Part of the Bids. On opening the Technical Part envelopes, the Employer shall read out the same details as those required to be read out under ITB 21.5.

1. 1. Letter of Bid – Technical Part, the Bid Security or Bid Securing Declaration (if/as required) and the separate sealed envelope marked “Financial Part” shall be initialled by representatives of the Employer attending the Bid opening, in the manner indicated in the BDS.

1. 1. Letter the Bid opening the Employer shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 19.1).

1. 1. The Employer shall prepare a record of the Bid opening procedure that shall include, as a minimum: the name of the Bidder and whether there is:

1. 1. 1. a withdrawal, alternative, substitution, or modification;

1. 1. 1. the presence or absence of a duly sealed envelope marked “FINANCIAL PART”;

1. the presence or absence of a Bid Security or Bid-Securing Declaration.

1. 1. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders that met the deadline for submitting bids.

1. 1. Only Bids and Alternative Bids that are opened and read out at Bid opening shall be considered further for evaluation.

F.       Evaluation of Bids – General Provisions

1. Confidentiality

1. Information relating to the evaluation of the Technical Part of Bids shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the notification of evaluation of the Technical Part has been communicated to all Bidders in accordance with ITB 29.

1. Information relating to the evaluation of the Financial Part and recommendation of Contract award, shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the Notification of Intention to Award the Contract, where a standstill period applies, is transmitted to all Bidders in accordance with ITB 44.  Where a standstill period does not apply information relating to the evaluation of the Financial Part shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the Notice of Contract Award is published in accordance with ITB 46.

1. Any effort by a Bidder to influence the Employer in the evaluation of the Bids or Contract award decisions may result in the rejection of its Bid.

1. Notwithstanding ITB 22.2, from the time of Bid opening to the time of Contract award, if any Bidder wishes to contact the Employer on any matter related to the Bidding process, it should do so in writing.

1. Clarification of Bids

1. 1. To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer’s request for clarification and the response shall be in writing.

1. 1. If a Bidder does not provide clarifications of its Bid by the date and time set in the Employer’s request for clarification, its Bid may be rejected.

1. Deviations, Reservations and Omissions

1. 1. During the evaluation of Bids, the following definitions apply:

1. “Deviation” is a departure from the requirements specified in the Bidding document;

1. “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding document; and

1. “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document.

G.      Evaluation of Technical Parts of Bids

1. Determination of Responsiveness of Technical Parts

1. 1. The Employer will examine the Technical Part of a Bid to determine whether they are complete, have been properly signed, and are generally in order.

1. 1. The Employer’s determination of a Technical Part’s substantial responsiveness is to be based on the contents of the Bid itself. For purposes of this determination, a substantially responsive Bid is one that materially conforms to the requirements of the Bidding Document without material deviation, reservation, or omission and that achieves the minimum technical score, if any, specified in the BDS. A material deviation, reservation, or omission is one that:

1. 1. 1. 1. 1. if accepted, would:

1. affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or

1. limit in any substantial way, inconsistent with the Bidding Document, the Employer’s rights or the Bidder’s obligations under the proposed Contract; or

1. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.

1. 1. Provided that a Technical Part is substantially responsive, the Employer may waive any nonmaterial nonconformity in the Bid.

1. 1. Provided that a bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the Bid related to documentation requirements.  Failure of the Bidder to comply with the request may result in the rejection of its Bid.

1. Subcontractors

1. 1. If the Employer intends that the Contractor shall employ a “nominated Subcontractor” or “nominated Subcontractors”, as defined in the Conditions of Contract, to execute a part or parts of the Works or as a supplier or suppliers of Plant and/or Materials or to supply services:

1. these shall be stated in the BDS; and

1. a description of the part or parts of the Works to be executed, Plant and/or Materials to be supplied or services to be supplied (as the case may be) that are the subject of the nomination shall be described in the Specification and/or relevant Schedule(s) and the corresponding amount or amounts shall be included in the Price Schedule(s) as a Provisional Sum.

1. 1. The following restrictions and requirements shall apply to Bidders intending to enter into subcontracts.

1. Bidders

1. shall not propose subcontract Works (including subcontract(s) for part or parts of the Works and for suppliers of Plant, Materials and services) with a total accumulated value greater than the percentage of the Bid price specified in the BDS;

1. planning to enter into a subcontract(s) for a part or parts of the Works and/or enter into a subcontract(s) for the supply of Plant and/or Materials and/or the supply of services with a value greater than the percentage of the Bid price specified in the BDS shall complete the relevant Bidding Forms in Section IV.

(The Bidders’ attention is also drawn to Conditions of Contract Sub-Clause 4.4, which shall prevail upon award of the Contract.)

1. Subcontractors proposed by the Bidder shall be fully qualified and experienced to undertake the work, supply the Plant and/or Materials or supply the services for which they will be subcontracted.

1. 1. A Subcontractor’s qualifications and experience shall not be used by the Bidder to qualify for the Works unless the Employer designated specialised parts of the Works in the prequalification document for which a Bidder could use such a Subcontractor or Subcontractors’ qualifications and experience, as further specified in the BDS.  Such a Subcontractor is referred to herein as a ‘Specialised Subcontractor’.  In such a case, the qualifications of a Specialised Subcontractor proposed by the Bidder may be added to the qualifications of the Bidder.  However, in the event of any change of Specialised Subcontractor from that submitted with the Bidder’s Prequalification Document, the Bidder’s attention is drawn to ITB 13 of Section I Instruction to Applicants of the Prequalification Document for Procurement of Works.  The Bidder shall complete the relevant Bidding Forms in Section IV for any Specialised Subcontractor(s) proposed by the Bidder.

1. Evaluation of Technical Bids

1. 1. The Employer’s evaluation of the Technical Part of Bids will be carried out as specified in Section III, Evaluation and Qualification Criteria.

1. 1. The scores to be given to technical factors and sub factors, if any, are specified in the BDS.

1. Evaluation of Bidder’s Qualification

1. 1. The Employer shall ascertain to its satisfaction that, on the basis of updated documentary evidence submitted in accordance with ITB 8.2 (e), and Section III - Evaluation and Qualification Criteria the Bidder continues to be qualified to satisfactorily perform the Contract.

1. 1. Only Bids that are both substantially responsive to the Bidding document and are qualified shall have their envelopes marked “FINANCIAL PART” opened at the second public opening.

1. Notification of Evaluation of Technical Parts

1. 1. Following the completion of the evaluation of the Technical Part of Bids, the Employer shall make the following notifications:

1. Notify in writing those Bidders whose Technical Part was considered not to be substantially responsive to the requirements in the Bidding document or who did not achieve any minimum technical score, advising them of the following information:

1. their technical score broken down by the criterion and the grounds on which their Technical Part has been considered not to be substantially responsive; and

1. that they did not achieve the minimum technical score (where one is applicable), and that;

1. their envelope marked “Financial Part” will be returned to them unopened after the completion of the Bid evaluation process and the signing of the Contract;

1. simultaneously, notify in writing those Bidders whose Bids were considered substantially responsive to the requirements in the Bidding document, advising them that they achieved the minimum technical score, if any, their technical score broken down by their criterion and that their Bid has been evaluated as substantially responsive to the Bidding document; and

1. notify all Bidders in accordance with one of the following two options:

(i)    Option 1: when price negotiations are not to be applied, the date, time and location of the public opening of the envelopes marked ‘Financial Part”, or;

1. Option 2: when negotiations apply as specified in ITB 41 that: (i) the envelopes marked ‘Financial Part’ will not be opened in public, but in the presence of a Probity Assurance Provider (Probity Auditor) appointed by the Employer, and that (ii) the announcement of the names of the Bidders whose Financial Parts will be opened and the total Bid prices will be deferred to the time that the Notification of Intention to Award the contract is issued, where a standstill period applies, or the time of the publication of the Notice of Contract Award where a standstill period does not apply.

1. Opening of Financial Parts

1. Public Opening of Financial Parts when Price Negotiations do not apply

1. 1. When, as specified in the BDS for ITB 41.1, price negotiations do not apply, the Bidders whose Bids were responsive and met the qualification and evaluation criteria will have their envelopes marked Financial Part opened in public by the Employer in the presence of Bidders, or their designated representatives, and anyone else who chooses to attend.

1. 1. Prior to inspecting and opening the envelopes marked “Financial Part”, the Employer shall read out the name of each Bidder whose Bid was considered substantially responsive to the requirements in the Bidding document and their technical score broken down by criterion. Each envelope marked “Financial Part” shall then be inspected to confirm that it has remained sealed and unopened. These envelopes shall then be opened by the Employer.  Where envelopes with Financial “Substitutions” or “Modifications” were received before the deadline for the submission of Bids they shall be dealt with as those for the Technical parts detailed in ITB 20.4 and 20.5.

1. 1. The Employer shall read out the name of each Bidder and the total Bid price and the Total Bid Evaluation Sum[1] (if applicable), per lot (contract) if applicable, including any discounts, the presence or absence of an alternative Bid (which shall only be opened and evaluated for the Bidder with the Most Advatageous Bid), and any other details as the Employer may consider appropriate.

1. 1. Only discounts read out at the public opening shall be considered for evaluation.  Each page of the Letter of Bid - Financial Part and of the Price Schedules is to be initialed by representatives of the Employer attending the public opening in the manner specified in the BDS.

1. 1. The Employer shall neither discuss the merits of any Bid nor reject any envelopes marked “Financial Part”.

1. 1. The Employer shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum:

1. the name of the Bidders whose Financial Part was opened and each Bid’s technical score broken down by criterion;

1. the Bid prices and the Total Bid Evaluation Sum (if applicable), per lot (contract) if applicable, including any discounts; and

1. if applicable, the presence of any “Alternative Bid – Financial Part”.

1. 1. The Bidders whose envelopes marked “Financial Part” have been opened, or their representatives who are present, shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

1. Opening of Financial part when Price Negotiations apply

1. When, as specified in the BDS for ITB 41.1, price negotiations apply, the Financial Parts will not be opened in public.  Instead, the Bidders whose Bids were responsive and met the qualification and evaluation criteria will have their envelopes marked “Financial Part” opened in the presence of a Probity Assurance Provider appointed by the Employer.

1. Prior to inspecting and opening the envelopes marked “Financial Part”, the Employer shall record the name of each Bidder whose Bid was considered substantially responsive to the requirements in the Bidding document and their technical score.  Each envelope marked “Financial Part” shall then be inspected to confirm that it had remained sealed and unopened. These envelopes shall then be opened by the Employer.  Where envelopes with Financial “Substitutions” or “Modifications” were received before the deadline for the submission of Bids they shall be dealt with as those for the Technical Parts detailed in ITB 21.4 and 21.5.

1. The Employer shall record the name of each Bidder and the total Bid price and the Total Bid Evaluation Sum (if applicable), per lot (contract) if applicable, including any discounts, the presence or absence of an alternative Bid (which shall only be evaluated for the Bidder with the Most Advantageous Bid), and any other details as the Employer may consider appropriate.

1. Only discounts recorded at this opening procedure shall be considered for evaluation.  Each page of the Letter of Bid - Financial Part and of the Price Schedules is to be initialled by representatives of the Employer attending the opening and by the Probity Assurance Provider.

1. The Employer shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum:

1. 1. the name of the Bidders whose Financial Part was opened and each Bidder’s technical score;

1. 1. the Bid prices and the Total Bid Evaluation Sum (if applicable), per lot (contract) if applicable, including any discounts;

1. 1. if applicable, the presence of any “Alternative Bid – Financial Part”; and

1. 1. the Probity Assurance Provider’s report of the opening of the Financial Part.

1. The Probity Assurance Provider shall sign the record. The contents of the envelopes marked ‘Financial Part’ and the record of the opening shall be kept in safe custody by the Employer and not disclosed to anyone until the time of the transmission of the Notification of Intention to Award the contract or the publication of the Notice of Contract Award, depending on whether a standstill period applies.

1. Evaluation of Financial Part

1. Nonmaterial Nonconformities

1. 1. Provided that a Bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid price or the Total Bid Evaluation Sum (as applicable). To this effect, the Bid price or the Total Bid Evaluation Sum (as applicable) shall be adjusted, for comparison purposes only, to reflect the price of a non-conforming item or component by adding the average price of the item or component quoted by substantially responsive Bidders.  If the price of the item or component cannot be derived from the price of other substantially responsive Bidders, the Employer shall use its best estimate.

1. Correction of Arithmetical Errors

1. 1. Prior to determining the Most Advantageous Bid, no change in the prices of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids, in accordance with ITB 33.2.  Thereafter, if specified in the BDS for ITB 41.1, the Employer may conduct negotiations in accordance with ITB 41.

1. 1. The Employer shall correct arithmetical errors on the following basis:

1. Schedule of Priced Sub-activities: where there are errors between the total of the amounts given under the column for Sub-activity Price and the amount given under the total for the Sub-activity, the former shall prevail, and the latter will be corrected accordingly;

1. Schedule of Priced Activities: where there are errors between the total of the amounts given under the column for the Activity Price and the amount given under the total price of Activities, the former shall prevail, and the latter will be corrected accordingly;

1. where there are errors between the total of the amounts in the Schedule of Priced Sub-activities and the corresponding amount in the Schedule of Priced Activities, the former shall prevail, and the latter will be corrected accordingly;

1. Grand Summary: where there are errors between the total price of Activities in the Schedule of Priced Activities and the amount given in Grand Summary, the former shall prevail, and the latter will be corrected accordingly; and

1. 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) to (d) above.

1. 1. A Bidder shall be requested to accept changes to their Bid price resulting from the correction of arithmetical errors that have been corrected in accordance with ITB 33.2. Failure to accept the correction(s) shall result in the rejection of the Bid and the forfeiture of the Bid–Security or the application of the sanctions set out in the Bid-Securing Declaration, whichever is applicable.

1. Conversion to a Single Currency

1. 1. For evaluation and comparison purposes, the currency (ies) of the Bid shall be converted into a single currency as specified in the BDS.

1. Margin of Preference

1. 1. Unless otherwise specified in the BDS, a margin of preference[2] shall not apply.

1. Evaluation Process Financial Parts

1. 1. To evaluate each Bid’s Financial Part, the Employer shall consider the following:

1. the Bid price or the Total Bid Evaluation Sum (as applicable), excluding provisional sums and the provision, if any, for contingencies in the Schedule of Priced Activities, but including Daywork items, where priced competitively;

1. price adjustment for correction of arithmetic errors in accordance with ITB 33.2;

1. price adjustment due to discounts offered in accordance with ITB 11.4;

1. price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 32.1;

1. converting the amount resulting from applying (a) to (d) above, if relevant, to a single currency in accordance with ITB 34.1; and

(f)      any additional evaluation factors indicated in the BDS and detailed in Section III, Evaluation and Qualification Criteria.

1. If price adjustment is allowed in accordance with ITB 11.5, the estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.

1. If this Bidding document allows Bidders to quote separate prices for different lots (contracts), each lot will be evaluated separately to determine the Most Advantageous Bid using the methodology specified in Section III, Evaluation and Qualification Criteria.

1. Abnormally Low Bids

1. An Abnormally Low Bid is one where the Bid price, in combination with other elements of the Bid, appears so low that it raises material concerns as to the capability of the Bidder to perform the Contract for the offered Bid price.

1. In the event of identification of a potentially Abnormally Low Bid, the Employer shall seek written clarifications from the Bidder, including detailed price analyses of its Bid price in relation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any other requirements of the Bidding Document.

1. After evaluation of the price analyses, in the event that the Employer determines that the Bidder has failed to demonstrate its capability to perform the Contract for the offered Bid price, the Employer shall reject the Bid.

1. Unbalanced or Front Loaded Bids

1. If the Bid that is evaluated as the lowest evaluated cost is, in the Employer’s opinion, seriously unbalanced (which shall include consideration of the Bid price compared to the ‘Total Bid Evaluation Sum’, where operation, operation and maintenance or life cycle costs are to be used in determination the Most advantageous Bid) or front loaded the Employer may require the Bidder to provide written clarifications.  Clarifications may include detailed price analyses to demonstrate the consistency of the Bid prices or the Total Bid Evaluation Sum (as applicable) with the scope of the Works, proposed methodology, schedule and any other requirements of the Bidding Document.

1. After the evaluation of the information and detailed price analyses presented by the Bidder, and notwithstanding the Employer’s rights under ITB 42.1, the Employer may:

1. 1. accept the Bid, or

1. 1. if appropriate, require that the total amount of the Performance Security be increased, at the expense of the Bidder, to a level not exceeding twenty percent (20%) of the Contract Price.

J.       Evaluation of Combined Technical and Financial Parts

1. Evaluation of Combined Technical and Financial Parts

1. 1. The Employer shall undertake the combined evaluation of Technical and Financial Parts of responsive Bids in accordance with Section III, Evaluation and Qualification Criteria. The weight to be assigned for the Technical factors and cost is specified in the BDS. The Employer will rank the Bids based on the evaluated Bid score (B), calculated in accordance with the Combined Evaluation of the Technical and Financial Bids described in Section III.

1. Most Advantageous Bid (MAB)

1. 1. The Most Advantageous Bid is the Bidder that meets the Qualification Criteria, and whose Bid has been determined to be:

1. 1. 1. substantially responsive to the Bidding Documents; and

1. 1. 1. the best evaluated Bid i.e. the highest scoring Bid, in the combined technical and financial evaluation.

1. If the Bidder with the Most Advantageous Bid has submitted an alternative Bid(s), the Employer may elect to open and evaluate the alternative Bid(s).  If the Employer does so elect, the opening and evaluation of the MAB’s alternative Bid(s) shall be done in the presence of a Probity Assurance Provider, shall comply with the requirements of ITB 10.1 and shall be subject to the same requirements (e.g. pertaining to subcontractors and subcontracting) and follow the same procedures as were applicable to the Most Advantageous Bid, unless and to the extent that requirements and/or procedures are specifically amended for alternative bids in Section III Evaluation and qualification criteria.

1. Negotiations

1. If specified in the BDS, the Employer may conduct negotiations once all Bids have been evaluated and the Most Advantageous Bid has been determined, and before the final Contract award. The procedure of the negotiations will be specified in the BDS.

1. Negotiations may address any aspect of the contract so long as they do not change the purpose of the Works, as defined in and/or can be determined from the Conditions of Contract, the Employer's Requirements, and other relevant documents that will form the Contract, or the performance requirements.

1. The Employer may negotiate first with the Bidder that has the Most Advantageous Bid. If the negotiations are unsuccessful the Employer may negotiate with the Bidder that has the next best Most Advantageous Bid, and so on down the list until a successful negotiated outcome is achieved.

1. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids

1. 1. 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.

1. Standstill Period

1. 1. Where it is specified in the BDS that a standstill period applies, the Contract shall not be awarded earlier than the expiry of the Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 47. The Standstill Period commences the day after the date the Employer has transmitted to each Bidder (that has not already been notified that it has been unsuccessful) the Notification of Intention to Award the Contract.

1. Notification of Intention to Award

1. 1. Subject to ITB 43.1 specifying that a standstill period applies, the Employer shall send to each Bidder (that has not already been notified that it has been unsuccessful) the Notification of Intention to Award the Contract to the successful Bidder. The Notification of Intention to Award shall contain, at a minimum, the following information:

1. the name and address of the Bidder submitting the successful Bid;

1. the Accepted Contract Amount of the successful Bid;

1. the technical score, the Bid price and Total Bid Evaluation Sum (if applicable) as read out, the Evaluated Bid Cost and the total combined score of the successful Bid;

1. the names of all Bidders who submitted Bids, their technical scores, Bid prices and the Total Bid Evaluation Sums (if applicable) as readout, and the Evaluated Bid Costs and combined scores;

1. a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notification is addressed) was unsuccessful, unless the information in (c) above already reveals the reason;

1. the expiry date of the Standstill Period; and

1. instructions on how to request a debriefing and/or submit a complaint during the standstill period.

1. Award of Contract

1. Award Criteria

1. 1. Subject to ITB 42.1, the Employer shall award the Contract to the Bidder whose Bid has been determined to be the Most Advantageous Bid, provided that the Bidder is determined to be eligible and qualified to perform the Contract satisfactorily.

1. Notification of Award

1. 1. Subject to the expiration of the period of Bid validity and upon expiry of a Standstill Period, if specified in ITB 43.1, or any extension thereof, and, upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Employer shall notify the successful Bidder, in writing, that its Bid has been accepted.  The notification of award (hereinafter and in the Conditions of Contract and Contract Forms called the “Letter of Acceptance”) shall specify the Accepted Contract Amount.

1. 1. Within two (2) weeks after the date of transmission of the Letter of Acceptance, the Employer shall publish the Contract Award Notice which shall contain, at a minimum, the following information:

1. name of each Bidder who submitted a Bid;

1. Technical Part scores, as read out/recorded at Financial Part Bid Opening;

1. Bid prices and the Total Bid Evaluation Sum (if applicable) as read out at Financial Bid opening;

1. Evaluated Bid Cost of each Bid;

1. combined Bid evaluation scores;

1. name of Bidders whose Bids were rejected and the reasons for their rejection; and

1. name of the winning Bidder, the Accepted Contract Amount, the contract duration and a summary of the scope of the contract awarded.

1. 1. The Contract Award Notice shall be published on the Employer's website with free access.  If a probity report was prepared this should be published on the Employer’s website at the same time as the publication of the Contract Award Notice and where a standstill period does not apply it shall also be sent directly to all Bidders.

1. 1. Until a formal contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract, unless the governing law of the country (or other jurisdiction) stated in the Appendix to Tender states otherwise.

1. Debriefing by the Employer

1. 1. Where a standstill period is not employed, any Bidder who wishes to ascertain the grounds on which its Bid was not selected, may request an explanation from the Employer once the Contract Award Notice has been published. The Employer shall promptly provide an explanation of why such Bid was not selected. The debriefing shall not include point-by-point comparisons with another Bid(s) and information that is confidential or commercially sensitive to other Bidders.

1. 1. Where a standstill period is employed:

1. 1. 1. on receipt of the Employer’s Notification of Intention to Award referred to in ITB 44, an unsuccessful Bidder has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline;

1. 1. 1. where a request for debriefing is received within the deadline, the Employer shall provide a debriefing within five (5) Business Days, unless the Employer decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided. If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Employer shall promptly inform, by the quickest means available, all Bidders of the extended standstill period; and

1. 1. 1. where a request for debriefing is received by the Employer later than the three (3) Business Day deadline, the Employer should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3) day deadline shall not lead to extension of the standstill period.

1. Where debriefings of unsuccessful Bidders referred to in ITB 47.1 and ITB 47.2 may be done in writing or verbally at the option of the Employer. The Bidder shall bear their own costs of attending such a debriefing meeting.

1. Signing of Contract

1. The Employer shall send to the successful Bidder the Letter of Acceptance/Notification of Award including the Contract Agreement and the documents listed therein, where those documents to be included under the sub-heading “any other documents forming part of the Contract” shall be:

1. the Technical Proposal, excluding the mobilisation programme and the construction programme; and

1. any other documents specified in the BDS or that the Parties agree to include.

1. Where successful Bidder shall sign, date and return to the Employer the Contract Agreement within twenty-eight (28) days of its receipt.

1. Performance Security

1. 1. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the Employer or, in the absence of a Letter of Acceptance, the Contract Agreement, the successful Bidder shall deliver the Performance Security in accordance with the Conditions of Contract, taking into account any necessary adjustments to the value of the Performance Security in accordance with ITB 38.2 (b), using for that purpose the Performance Security Form included in Section X, Contract Forms, or another form approved by the Employer.  If the

Performance Security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Employer.  A foreign institution providing a bond shall have a correspondent financial institution located in the Employer’s Country, unless the Employer has agreed in writing that a correspondent financial institution is not required.

1. 1. Failure of the successful Bidder to deliver the Performance Security in accordance with ITB 49.1 or sign, date and return the Contract Agreement in accordance with ITB 48.2 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security or the application of the sanctions set out in the Bid-Securing Declaration, whichever is applicable.  In that event the Employer may award the Contract to the next Most Advantageous Bid.

1. Procurement Related Complaint

1. 1. The procedures for making a Procurement-related Complaint are as specified in the BDS.

A.  General

ITB 1.1

The Employer is: Water and Sewerage Company (WASCO) – Saint Lucia

The name of the Bidding Process is : Theobalds Water Supply System Lot 1 – TWSS 01

ITB 1.3

In reference to ITB 1.3 (Eligible Bidders) the list of eligible countries are restricted to Caricom Member States which are as follows:

• Antigua and Barbuda
• Bahamas
• Barbados
• Belize
• Dominica
• Grenada
• Guyana
• Haiti
• Jamaica
• Montserrat
• Saint Kitts and Nevis
• Saint Lucia
• Saint Vincent and the Grenadines
• Suriname
• Trinidad and Tobago

B.  Contents of the Bidding Document

ITB 3.1

For clarification purposes only, the Employer’s address is:

Attention: Mr. Maurice Norville

Street Address: L’Anse Road

City: Castries

Country: Saint Lucia

Telephone: 1-758-453-2790

Electronic mail address: mauricenorville@wascosaintlucia.com

Requests for clarification should be received by the Employer no later than: 10 days prior to the deadline of submission of bids

ITB 3.4

A Pre-Bid meeting shall take place at the following date, time and place:

Date:_9th April 2026

Time: 10:00 am

Place: Virtually (meeting link to be sent upon request)

A site visit conducted by the Employer shall be organised.

C.  Preparation of Bids

ITB 7.1

The language of the Bid is: “English”

ITB 8.1

N/A. The submission of bids shall be as described in Clause 18.1 of the BDS.

ITB 8.2 (h)

The Bidder shall submit as part of its Technical Part the following additional documents:

Code of Conduct for Contractor’s Personnel (ESHS)

The Bidder shall submit its Code of Conduct that will apply to the Contractor’s Personnel (as defined in Sub-Clause 1.1.2.7 of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental, Social, Health and Safety (ESHS) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section IV.  No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks.

ITB 10.1

Alternative Bids shall not be considered.

ITB 12.1

The currency of the Bid and the payment currency(ies) shall be in: United States Dollars (USD).

ITB 14

A Bid Security shall not be required.

A Bid-Securing Declaration shall be required.

ITB 14.9

If the Bidder performs any of the actions prescribed in subparagraphs (a) or (b) of this provision, the Recipient will declare the Bidder ineligible to be awarded contracts by the Employer for a period of 2 years,  starting from the date the Bidder performs any of the actions specified in ITB 14.9 (a) or (b) or (c).

ITB 15.1

The Bid validity period shall be 90 days.

ITB 16.1

This bidding process shall follow a two-phased procedure. Bidders shall submit: (i) a password-protected Technical Proposal; and (ii) a password-protected Financial Proposal. Prior to the time of Bid Opening, Bidders shall provide only the password to the Technical Proposal. The Financial Proposal shall remain sealed (password-protected). Following the Technical Evaluation, only Bidders that achieve a passing technical score shall be requested to provide the password to their Financial Proposal, which shall then be opened and evaluated in accordance with the Bidding Documents.

ITB 16.3

The written confirmation of authorisation to sign on behalf of the Bidder shall consist of: a valid Power of Attorney document

D. Submission of Bids

ITB 18.1

Bidders “shall” submit their Bids electronically.

The electronic Bid submission procedures shall be as follows:

Bidders shall submit: (i) a password-protected Technical Proposal; and (ii) a password-protected Financial Proposal. Prior to the time of Bid Opening, Bidders shall provide only the password to the Technical Proposal. The Financial Proposal shall remain sealed (password-protected). Following the Technical Evaluation, only Bidders that achieve a passing technical score shall be requested to provide the password to their Financial Proposal, which shall then be opened and evaluated in accordance with the Bidding Documents.

The electronic bids shall be submitted to the following email address:

Bids ONLY: pmuprojects@wascosaintlucia.com

The passwords for the Bids shall be submitted to the following email address:

Passwords ONLY: agriffith@gosl.gov.lc

The deadline for submission of Bids and the relevant passwords is:

Date:8th May 2026

Time: 12:00 pm

E. Opening of Technical Part of Bids

ITB 21.1

The Bid opening shall take place at:

Street Address: Finance Administrative Centre

Floor/Room number: 5th Floor Conference Room

City : Castries

Country: Saint Lucia

Date: 8th May 2026

Time: 1:00 pm

The electronic Bid opening procedures shall be as follows:

Bids shall be opened at the time and place stated above. Under this two-envelope procedure, only the Technical Proposals shall be opened at the Bid Opening. Prior to the opening, Bidders shall disclose only the password to their Technical Proposal. The Financial Proposals shall remain secured and unopened until completion of the Technical Evaluation, after which only those Bidders that achieve a passing technical score shall be invited to provide the password to their Financial Proposal for opening and evaluation.

ITB 21.8

The Letter of Bid – Technical Part and the Bid-Securing Declaration shall be submitted as part of the Technical Proposal. Compliance with these documents shall be confirmed during the preliminary examination, prior to the detailed evaluation of the Technical Proposals.

The Financial Proposal shall be submitted separately as a password-protected document and shall remain unopened until completion of the Technical Evaluation. Only those Bidders that achieve a passing technical score shall be invited to provide the password for the Financial Proposal for opening and evaluation.

F.  Evaluation of Technical Part of Bids

ITB 25.2

The minimum technical score to be achieved following the evaluation of the Technical Part of a Bid in order for it to be considered responsive is 75.

ITB 26.1

The Employer does not intend that the Contractor shall employ a “nominated Subcontractor” or “nominated Subcontractors”, as defined in Sub-Clause 4.5 of the Conditions of Contract.

ITB 26.2

Contractor’s proposed subcontracting:

1. The total accumulated value of the Works that may be subcontracted shall not exceed 30% of the Bid price.

ITB 26.3

N/A

ITB 27.2

The technical factors and corresponding scores out of 100 are:

Technical Factor

Percentage of Technical Score

A. Experience of Contractor in similar assignments

20%

B. Technical Approach and Methodology

40%

C. Key Personnel

15%

D. Construction Programme

15%

E. Operation and Maintenance, Commissioning and Training

10%

G.  Opening of Financial Parts

ITB 30.4

The Employer shall verify the integrity of the Financial Proposal files, confirm the documents received, and announce the Bid prices at the Financial Opening. No initialing of pages is required for electronic submissions.

The Employer shall prepare Minutes of the opening of the financial proposals The minutes will include the following: (i) the name of each Bidder; (ii) confirmation that the Technical Proposal was deemed compliant; (iii) the total Bid price and any discounts offered.

H.  Evaluation of Financial Part

ITB 34.1

The currency that shall be used for Bid evaluation and comparison purposes to convert, at the selling exchange rate, all Bid prices or the Total Bid Evaluation Sum (as applicable) expressed in various currencies into a single currency is: United States Dollars (USD)

The source of exchange rate shall be: Eastern Caribbean Central Bank

The date for the exchange rate shall be the deadline for submission of Bids as specified in ITB 22.1, unless otherwise specified by the Employer.

ITB 36.1 (f)

The adjustments shall be determined using the criteria detailed in Section III, if any.

I.  Evaluation of Combined Technical and Financial Part

ITB 39.1

The weight to be given for cost is: 30%

ITB 41.1

Negotiation applies.

ITB 43.1

A standstill period shall not apply.

J.  Award of Contract

ITB 48.1

Other documents forming part of the Contract are as follows:

N/A

_______________________________________________

_______________________________________________

Note to the Bidder:

The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks.

The Bidder shall initial and submit the Code of Conduct form as part of its Bid.

No.

Plant/Material

Manufacturer

Model/Type/Size

Country of Origin

1.

2.

3.

3.1

3.2

4.

4.1

5.

5.1

6.

6.1

Subcontracted Works

Name, Address and Country of Registration of Subcontractor(s)

Value of Subcontract as a percentage of the Bid Price

No.

Plant/Material

Supplier’s Name and Address

Value of Supplier Subcontract as percentage of the Bid Price

1.

2.

3.

3.1

3.2

4.

4.1

5.

5.1

6.

6.1

Activity/Sub-Activity

Proposed Subcontractors

Nationality

Title of position

Name of Candidate

1.

[Contractor’s Representative]

Key Personnel for Design

2.

[Design Manager]

3.

[Modify/add others as appropriate]

Key Personnel for Construction

4.

[Construction Manager]

5.

[Health and Safety Specialist]

6.

[Modify/add others as appropriate]

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:

Language Proficiency: [language and levels of speaking, reading and writing skills]

Details

Address of Employer:

Telephone:

Contact (Manager/Personnel Officer):
 

Fax:

Job Title:

Years with present employer:

Project

Role

Duration of involvement

Relevant experience

[main project details]

[role and responsibilities on the project]

[time in role]

[describe the experience relevant to this position]

Commitment

Details

Commitment to duration of contract:

[insert period (start and end dates) for which this Key Personnel is available to work on this contract]

Time commitment:

[insert the number of days/week/months/ that this Key Personnel will be engaged]

1.      Bidder's legal name

[Insert full legal name]

2.      In case of Joint Venture (JV), legal name of each partner:

[Insert full legal name of each partner in JV]

3.        Bidder’s actual or intended country of constitution:

[Indicate country of constitution]

4.        Bidder’s actual or intended year of constitution:

[Indicate year of Constitution]

5.      Bidder's legal address in country of registration:

[Insert street/ number/ town or city/ country]

6.      Bidder's authorised representative information

Name: [insert full legal name]

Address: [insert street/ number/ town or city/ country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]

E-mail address: [indicate e-mail address]

7.      Attached are copies of original documents of:

¨   Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named above.

¨   In case of state-owned enterprise or institution,  documents establishing:

• Legal and financial autonomy
• Operation under commercial law

8.      Included are the organisational chart, a list of Board of Directors, and the beneficial ownership.

1.    Bidder’s JV name:

[Insert full legal name]

2.    JV member’s name:

[Insert full legal name of Applicant's Party]

3.    JV member’s country of registration:

[Indicate country of registration]

4.    JV member's year of constitution:

[Indicate year of constitution]

5.      JV member’s legal address in country of registration:

[Insert street/ number/ town or city/ country]

6.      JV member’s authorised representative information

Name: [insert full legal name]

Address: [insert street/ number/ town or city/ country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]

E-mail address: [indicate e-mail address]

1. Attached are copies of original documents of:

• Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named above.

¨    In case of JV, letter of intent to form JV or JV agreement.

¨    In case of state-owned enterprise or institution, in accordance with ITB 4.9 documents establishing:

• Legal and financial autonomy
• Operation under commercial law

8.    Included are the organisational chart, a list of Board of Directors, and the beneficial ownership.

No.

Name of Contract

Employer’s

Contact Address, Tel, Fax

Value of Outstanding Work

[Current USD Equivalent]

Estimated Completion Date

Average Monthly Invoicing Over Last Six Months
[USD/month)]

1

2

3

4

5

Employer's name and address .........

Water and Sewerage Company (WASCO) – L’Anse Road, Castries, St. Lucia

Contractor’s name and address.........

_________________________

_________________________

_________________________

Time for Completion of the Works..

365 calendar days

Defects Notification Period..............

180 days

Governing Law.................................

Laws of Saint Lucia

Ruling language................................

English

Language for communications.........

English

Time for access to the Site...............

7    days after Commencement Date

Amount of Performance Security.....

10  % of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable.

Maximum accumulated value of Works that may be subcontracted....

30  % of the Accepted Contract Amount.

Period for notifying unforeseeable errors, faults and defects in the Employer’s Requirements ...............

14 days

Normal working hours......................

0800 to 1600 hours, Monday to Friday

Delay damages for the Works..........

0.1 % of the Accepted Contract Amount per day, in the currencies and proportions in which the Contract Price is payable.

Maximum amount of delay damages

10  % of the Accepted Contract Amount.

Percentage of retention..................

10%

Minimum amount of Interim Payment Certificates......................

5% of the Accepted Contract Amount

Currency of payment...................

United States Dollars (USD) 

as named in the Letter of Bid

Periods for submission of insurance:

(a) evidence of insurance      

(b) relevant policies   

(a) 14 days

(b) 28 days

Minimum insurance amounts

(a) For loss or damage of the Works, Plant and Materials: 100% of the value of the works

(b) For loss or damage to equipment: Full replacement cost, deductible 2.5%

(c)For loss or damage to property (except the Works, Plant, Materials and Equipment) in connection with the Contract: USD 350,000

(d) For personal injury or death:

(i) of the Contractor’s employees: USD 350,000

(ii) of other people: USD 350,000

Activity No.

Description of Activity

Activity Price

1.

Design and Engineering Services

2.

Filter Rehabilitation Works

3.

Mechanical & Electromechanical Works

4.

Documentation, Training and Commissioning

Total price of Activities carried forward to Grand Summary, Page ____

Sub-activity No.

Description of Sub-activity

Sub-Activity Price

1.A

Preliminary investigations & condition assessment

1.B

Detailed design report & technical specifications inclusive of Construction sequencing & operational continuity plan and Quality Assurance and Control plan and testing protocols

2.A

Demolition, removal & disposal of existing components

2.B

Supply and installation of new underdrain system

2.C

Supply and installation of filter media as per AWWA B100

2.D

Supply and installation of stainless steel process piping

2.E

Air and washwater system rehabilitation

3.A

Mechanical equipment

3.B

Stainless steel valves and fittings

3.C

Air scour lines and manifolds

3.D

Refurbishment of backwash water distribution system

4.A

As-built Drawings

4.B

Operation & Maintenance Manuals

4.C

Operator Training

Total price of Sub-activities carried forward to the Priced Activity Schedule, Page ____

General Summary

Page

Amount

Subtotal of Activities

(A)

FILTERS

DETAILS

No. of Filters

6

Dimensions

Length/m

6.65

Width/m

4.9

Surface area/m2

32.59

Filtration Rate in m3/m2/hr

6.28

No. of nozzles per filter

966

LAYERS

Gravel

Depth/mm

152

Size/mm

3x6

Standard

AWWA B 100-89

Density in kg/m3

1600

Volume per filter in m3

4.95

Sand

Depth/mm

300

Size/mm

0.55

Standard

AWWA B 100-89

Density in kg/m3

2.65

Uniformity Coefficient

1.5

Volume per filter in m3

9.78

Anthracite

Depth/mm

550

Size/mm

1.42

Standard

AWWA B 100-89

Density in kg/m3

1.64

Uniformity Coefficient

17.92

Volume per filter in m3

1.35

Valves and Meters

Each filter consists of Auma Actuator Valves

Inlet

1 Per Filter

Drain Gate

1 Per Filter

Filter drain

1 Per Filter

Surface Wash

1 Per Filter

Air Scouring

1 Per Filter

Outlet

1 Per Filter

Ultrasonic Level Sensor

1 Per Filter

24” Mag Meters

2 Meters ( New Meters have been procured)

Turbidity Meters

6 Turbidity.

Item

Sub-Clause

Data

Time for completion

1.1.9

12 months

Law of the Contract

1.4

Laws of Saint Lucia

Language

1.5

English

Provision of site

2.1

7 days after the commencement date

Employer’s authorised person

3.1

Mr. Maurice Norville – Head, Project Management Unit

Name and Address of Employer

3.2

Water and Sewerage Company (WASCO) – L’Anse Road, Castries, Saint Lucia

Performance Security

4.4

Performance Guarantee in the value of 10% of the Contract Amount

Amount payable due to failure to complete within contract period

7.4

0.01% per day up to a maximum of 10% of the Contract Amount

Period for notifying defects

9.1 & 11.5

180 days

Percentage of retention

11.3

10%

Currency of payment

11.7

United States Dollars (USD)

Insurances

a) For loss or damage of the Works, Plant and Materials: 100% of the value of the works

(b) For loss or damage to equipment: Full replacement cost, deductible 2.5%

(c)For loss or damage to property (except the Works, Plant, Materials and Equipment) in connection with the Contract: USD 350,000

(d) For personal injury or death:

(i) of the Contractor’s employees: USD 350,000

(ii) of other people: USD 350,000