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Summary Description
CHINESE MODEL BIDDING DOCUMENTS
PROCUREMENT OF GOODS
UNDER
NATIONAL COMPETITIVE BIDDING (NCB)
Summary Description
Ministry of Finance
The People’s Republic of China
January 2012
Preface
In order to regulate and standardize procurement activities of World Bank
Summary Description
financed projects in China, in 1991 the Ministry of Finance (MOF) organized
to produce and published Model Bidding Documents for World Bank Financed
Projects (MBDs), which were revised in 1993 by MOF and the World Bank based
on trial use of these documents. In 1995, the World Bank revised its
Procurement Guidelines and then developed and published Standard Bidding
Documents (SBDs) for World Bank financed projects, and requested that its
borrowers must use SBDs in World Bank financed projects. After extensive
consultations, MOF and the World Bank agreed to revise and update MBDs
developed since 1991 in reference to SBDs. The revised and updated MBDs
were re-published in 1997.
Over the past 20 years, use of MBDs has played a positive role in
regulating and standardizing procurement activities of World Bank financed
projects in China and has also produced favorable impacts on the
development of China’s relevant procurement systems.
In October 2001, multilateral development banks and relevant international
financial institutions produced and published Harmonized Bidding Documents
and User’s Guide. These harmonized documents extensively reflect “best
practice” results of these international institutions. The World Bank’s
SBDs prepared based on the harmonized bidding documents have since been
used in international competitive bidding activities for World Bank
financed projects in China. In recent years and in response to the
developing and changing situation, international financial institutions
including the World Bank have been revising and improving their procurement
policies and begun to emphasize and promote the use of country procurement
systems in projects financed by them.
Meanwhile, in recent years China’s domestic project development
Summary Description
environments have experienced remarkable changes, procurement related laws
and institutions have been improving, and carrying out open tendering and
use of SBDs in public procurement have been widely accepted. These have had
some positive effects on bidding activities, especially national
competitive bidding (NCB) activities of projects financed by the World Bank
and other international financial institutions.
Based on the above and considering that the operations of Asian Development
Bank (ADB) have also been managed by MOF since the 1998 institutional
reform, in order to adapt to a developing situation, further strengthen
management of projects financed by international financial institutions and
regulate and standardize relevant procurement activities, with the
assistance from the World Bank and ADB, MOF conducted comprehensive
revision of Model NCB Procurement Documents for World Bank Financed
Projects and changed the name to Model NCB Procurement Documents for
Projects Financed by International Financial Institutions (the new MBDs) to
enable their broader application.
The new MBDs have adequately considered China’s relevant procurement laws
and regulations as well as requirements in the World Bank’s and ADB’s
procurement guidelines and policies, reflecting the cost-effectiveness,
efficiency and transparency principles that shall be complied with in the
procurement cycle and stressing the requirements of fighting against fraud
and corruption in procurement. The new MBDs apply to NCB procurement
activities for all lending and grant projects financed by the World Bank
and ADB in China. In the meantime, MOF encourages use of new MBDs for NCB
procurement activities of projects financed by other international
financial institutions.
Summary Description
The new MBDs include National Competitive Bidding Document for Procurement
of Goods and National Competitive Bidding Document for Procurement of Civil
Works. The two documents have both Chinese and English versions so that
they can meet the needs of different language users. The new MBDs comprise
three parts and nine chapters. Part One provides bidding procedures,
including Instructions to Bidders, Bidding Data Sheet, Bid Evaluation and
Qualification Criteria, Bidding Document Format and Eligible Countries;
Part Two specifies procurement requirements, including Demand for Supply of
Goods or Buyer’s Requirements; Part Three relates to contract, including
General Conditions of Contract, Special Conditions of Contract and Contract
Format. Considering their widespread application and project-specific
conditions, the new MBDs include fixed clauses and variable clauses. Fixed
clauses are universally applicable clauses that cannot be changed; variable
clauses are clauses that can be adjusted according to project-specific
conditions and procurement requirements. Concrete procurement requirements
and special contract provisions can be reflected in Bidding Data Sheet and
Special Contract Clauses.
In the process of revising and preparing the new MBDs, great support and
assistance have been received from ADB and World Bank procurement
specialists. Their efforts and contributions are appreciated.
International Department
Ministry of Finance
The People’s Republic of China
January 2012
Summary Description
Summary Description i
Procurement of Goods
Summary
Invitation for Bids (IFB)
PART 1 – BIDDING PROCEDURES
Section I. Instructions to Bidders (ITB)
This Section provides information to help Bidders prepare their bids.
Information is also provided on the submission, opening, and evaluation
of bids and on the award of Contracts. Section I contains provisions
that are to be used without modification.
Section II. Bidding Data Sheet (BDS)
This Section includes provisions that are specific to each procurement
and that supplement Section I, Instructions to Bidders.
Summary Description ii
Section III. Evaluation and Qualification Criteria
This Section specifies the criteria to be used to determine the lowest
evaluated bid, and the Bidder’s qualification requirements to perform
the contract.
Section IV. Bidding Forms
This Section includes the forms for the Bid Submission, Price Schedules,
Bid Security, and the Manufacturer’s Authorization to be submitted with
the Bid.
Section V. Eligible Countries
PART 2 – SUPPLY REQUIREMENTS
Section VI. Schedule of Requirements
This Section includes the List of Goods and Related Services, the
Delivery and Completion Schedules, the Technical Specifications and the
Drawings that describe the Goods and Related Services to be procured.
PART 3 – CONTRACT
Summary Description iii
Section VII. General Conditions of Contract (GCC)
This Section includes the general clauses to be applied in all
contracts. The text of the clauses in this Section shall not be
modified.
Section VIII:Special Conditions of Contract (SCC)
This Section includes clauses specific to each contract that modify or
supplement Section VII, General Conditions of Contract
Section IX: Contract Forms
This Section includes the form for the Agreement, which, once completed,
incorporates corrections or modifications to the accepted bid that are
permitted under the Instructions to Bidders, the General Conditions of
Contract and Special Conditions of Contract. The forms for Performance
Security and Advance Payment Security, when required, shall only be
completed by the successful Bidder after contract award.
Summary Description v
Table of Contents
PART 1 – Bidding Procedures ..............................................
Section I. Instructions to Bidders
Section II. Bidding Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries
PART 2 – Supply Requirements .............................................
Section VI. Schedule of Requirements
PART 3 - Contract .........................................................
Section VII. General Conditions of Contract
Summary Description vi
Section VIII. Special Conditions of Contract
Section IX. Contract Forms
Invitation for Bids (IFB) vii
Invitation for Bids (IFB)1
Date: _________________
NCB Bid No.: ______________
1. The ________________ (insert name of Borrower2) has received / has
applied for / intends to apply for the loan / grant from the
________________ (insert name of international financial institutions,
., World Bank, Asian Development Bank) toward the cost of
________________ (insert name of project) and it intends to apply part
of the proceeds of this ________________ (select loan or grant as
appropriate) to payments under the Contract for ________________ (insert
name / no. of contract) 3/.
2. The ________________ (insert name of the Purchaser) now invites
sealed bids from all eligible and qualified bidders for ________________
(insert brief description of the goods and related services to be
procured). The delivery period is ________(insert number) days from
contract signature..
3. Bidding will be conducted through the National Competitive Bidding
1 This IFB shall not be included in the final bidding document when they are issued.
2.. Words in brackets are instruction for completing IFB.
3. In case of the Government financing, the first paragraph shall be replaced entirely with “The
________________ (insert name of Purchaser) intends to use the Government funds toward the cost of
________________ (insert name of project) and it intends to apply the proceeds of the fund to payments
under the Contract for ________________ (insert name / no. of contract).
Invitation for Bids (IFB) viii
procedures. The bidding is open to all bidders from Eligible Sources
Countries as defined in the Procurement Guidelines of ________________
(select the World Bank or Asian Development Bank as appropriate) [as
defined in the Tendering and Bidding Law and Government Procurement Law
of the People’s Republic of China].
4. Interested eligible bidders may obtain further information from
________________ (insert name of Purchaser, and name and e-mail of
officer in charge) and inspect the Bidding Documents at the address
given below from (insert time and date).
5. Qualifications requirements include: ________________ (insert a
list of technical, financial, legal and other requirements). Additional
details are provided in the Bidding Documents.
6. A complete set of Bidding Documents in Chinese may be purchased by
interested bidders on the submission of a written application to the
address below and upon payment of a nonrefundable fee ________________
(insert amount in Chinese Renminbi) . The method of payment will be
________________ (insert method of payment, ., cashier check, direct
deposit to specified account no., etc.). The Bidding Documents will be
sent by ________________ (insert delivery procedure, . courier.).
7. Bids must be delivered to the address below at or before
________________ (insert time and date). Late bids will be rejected.
Bids will be opened in the presence of the bidders’ representatives who
choose to attend in person at the address below at ________________
Invitation for Bids (IFB) ix
(insert time and date). All bids must be accompanied by a bid security
of ________________ (insert amount in Chinese Renminbi.
8. The address referred to above is:
Name of Purchaser: ________________
Postal Address: ____________________ Contact Person:
________________
Office Rm. No.: ___________________ Email Address:
________________
Tel. No.: _________________________ Fax No.:
______________________
11
PART 1 – Bidding Procedures
Section I. Instruction to Bidders (ITB) 2
Section I. Instructions to Bidders
Table of Clauses
A. General ................................................................
1. Scope of Bid
2. Source of Funds
3. Corrupt and Fraudulent Practices
4. Eligible Bidders
5. Eligible Goods and Related Services
B. Contents of Bidding Documents ..........................................
6. Sections of Bidding Documents
7. Clarification of Bidding Documents
Section I. Instruction to Bidders (ITB) 3
8. Amendment of Bidding Documents
C. Preparation of Bids ....................................................
9. Cost of Bidding
10. Language of Bid
11. Documents Comprising the Bid
12. Bid Submission Form and Price Schedules
13. Alternative Bids
14. Bid Prices and Discounts
15. Currency of Bid
16. Documents Establishing the Eligibility of the Bidder
17. Documents Establishing the Eligibility of the Goods and Related
Services
Section I. Instruction to Bidders (ITB) 4
18. Documents Establishing the Conformity of the Goods and Related
Services
19. Documents Establishing the Qualifications of the Bidder
20. Period of Validity of Bids
21. Bid Security
22. Format and Signing of Bid
D. Submission and Opening of Bids .........................................
23. Submission, Sealing and Marking of Bids
24. Deadline for Submission of Bids
25. Late Bids
26. Withdrawal, Substitution, and Modification of Bids
27. Bid Opening
Section I. Instruction to Bidders (ITB) 5
E. Evaluation and Comparison of Bids ......................................
28. Confidentiality
29. Clarification of Bids
30. Responsiveness of Bids
31. Non-conformities, Errors, and Omissions
32. Preliminary Examination of Bids
33. Examination of Terms and Conditions; Technical Evaluation
34. Evaluation of Bids
35. Comparison of Bids
36. Qualification of the Bidder
37. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids
Section I. Instruction to Bidders (ITB) 6
F. Award of Contract ......................................................
38. Award Criteria
39. Purchaser’s Right to Vary Quantities at Time of Award
40. Notification of Award
41. Signing of Contract
42. Performance Security
Section I. Instruction to Bidders (ITB) 7
Section I. Instructions to Bidders (ITB)
A. General
1. Scope of Bid The Purchaser indicated in the Bidding Data
Sheet (BDS), issues these Bidding Documents for
the supply of Goods and Related Services
incidental thereto as specified in Section VI,
Schedule of Requirements. The name and
identification number of this National
Competitive Bidding (NCB) procurement are
specified in the BDS. The name, identification,
and number of lots of are provided in the BDS.
Throughout these Bidding Documents:
(a) the term “in writing” means
communicated in written form (. by mail,
e-mail, fax, telex) and delivered against
receipt; and
(a)
(b) “day” means calendar day.
2. Source of Funds The Purchaser intends to use the funds as
defined in the BDS towards the cost of the Project
defined in the BDS. The Purchaser intends to apply
a portion of the funds to eligible payments under
Section I. Instruction to Bidders (ITB) 8
the contract for which these Bidding Documents are
issued.
Payments shall comply with the provisions as
defined in the BDS
3. Corrupt and
Fraudulent Practices
Chinese anticorruption policy requires
purchasers, as well as bidders, suppliers and
contractors, and their agents (whether declared or
not), personnel, subcontractors and service
providers observe the highest standard of ethics
during the procurement and execution of such
contracts.
In pursuance of this policy, the terms and
sanction actions for fraud and corruption are
detailed in the BDS.
Bidders shall be aware of the provisions
stated in the Clause (a) (iii) of Section
VII of the General Conditions of Contract.
4. Eligible Bidders A bidder may be a private entity, or
state-owned entity – subject to ITB Sub-clause
– or any combination of them in the form of
a Joint Venture (JV), under an existing
agreement, or with the intent to constitute a
legally enforceable joint venture.. In the case
Section I. Instruction to Bidders (ITB) 9
of a JV:
(a) all parties to the JV shall be jointly and
severally liable; and
(a)
(b) a JV shall nominate a Representative who
shall have the authority to conduct all
businesses for and on behalf of any and all the
parties of the JV during the bidding process and,
in the event of the JV is awarded the Contract,
during contract execution.
(b)
Bidder, and all parties constituting the
Bidder, shall have the nationality of an eligible
country, in accordance with Section V, Eligible
Countries. A Bidder shall be deemed to have the
nationality of a country if the Bidder is a citizen
or is constituted, incorporated, or registered and
operates in conformity with the provisions of the
laws of that country. This criterion shall also
apply to the determination of the nationality of
proposed subcontractors or suppliers for any part
of the Contract including Related Services.
A Bidder shall not have a conflict of
interest as defined in the BDS. All bidders
Section I. Instruction to Bidders (ITB) 10
found to have conflict of interest shall be
disqualified. Bidders may be considered to have
a conflict of interest with one or more parties
in this bidding process, if, but not limited to:
(a) they have controlling partner or
controlling shareholders in common; or
(a)
(b) they received or have received any
direct or indirect subsidy from any of them; or
(b)
(c) they have the same legal representative
for purposes of this Bid; or
(c)
(d) they have a relationship with each
other, directly or through common third parties,
that puts them in a position to have access to
information about or influence on the bid of
another Bidder, or influence the decisions of the
Purchaser regarding this bidding process,
(d)
(e) a bidder participates in more than one
bid in this bidding process. Participation by a
Bidder in more than one Bid will result in the
disqualification of all Bids in which it is
Section I. Instruction to Bidders (ITB) 11
involved. However, this does not limit the
inclusion of the same subcontractor, not
otherwise participating as a Bidder, in more than
one bid; or;
(e)
(f) a Bidder or any of its affiliates
participated as a consultant in the preparation
of the bidding document that is the subject of
the bid; or
(f)
(g) a Bidder or any of its affiliates has
been hired, or is proposed to be hired, by the
Purchaser for the supervision of the contract.
(g)
A Bidder that is under a declaration of
ineligibility by the authorities specified in the
BDS, at the date of the deadline for bid submission
or thereafter, shall be disqualified.
Government-owned entities in China shall be
eligible only if they can establish that they (i)
are legally and financially autonomous, (ii)
operate under the principles of commercial law, and
(iii) are not dependent agencies of the Purchaser.
Section I. Instruction to Bidders (ITB) 12
Bidders shall provide such evidence of their
continued eligibility satisfactory to the
Purchaser, as the Purchaser shall reasonably
request.
In case a prequalification process has been
conducted prior to the bidding process, this
bidding is open only to prequalified Bidders.
The eligibility of bidders specific to the
contracts financed by World Bank or Asian
Development Bank or other International Financial
Institutions is specified in the BDS.
5. Eligible Goods
and Related Services
All the Goods and Related Services to be
supplied under the Contract shall have origin as
any member countries as listed in Section V:
Eligible Countries.
For purposes of this Clause, the term
“goods” includes commodities, raw material,
machinery, equipment, and industrial plants; and
“related services” includes services such as
insurance, installation, training, and initial
maintenance.
The term “origin” means the place where
Section I. Instruction to Bidders (ITB) 13
the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, through
manufacture, processing, or assembly, another
commercially recognized article results that
differs substantially in its basic
characteristics from its imported components.
The nationality of the firm that produces,
assembles, distributes, or sells the goods shall
not determine their origin.
B. Contents of Bidding Documents
6. Sections of
Bidding Documents
6.
The Bidding Documents consist of Parts 1, 2,
and 3, which include all the Sections indicated
below, and should be read in conjunction with any
Addendum issued in accordance with ITB Clause 8.
PART 1 Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bidding Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries
Section I. Instruction to Bidders (ITB) 14
PART 2 Supply Requirements
Section VI. Schedule of Requirements
PART 3 Contract
Section VII. General Conditions of Contract
Section VIII. Special Conditions of Contract
Section IX. Contract Forms
The IFB issued by the Purchaser is not part
of the Bidding Documents.
The Purchaser is not responsible for the
completeness of the Bidding Documents and their
addendum, if they were not obtained directly from
the Purchaser.
The Bidder is expected to examine all
instructions, forms, terms, and specifications in
the Bidding Documents. Failure to furnish all
information or documentation required by the
Bidding Documents may result in the rejection of
the bid.
7. Clarification of A prospective Bidder requiring any
clarification of the Bidding Documents shall
Section I. Instruction to Bidders (ITB) 15
Bidding Documents contact the Purchaser in writing at the
Purchaser’s address specified in the BDS. The
Purchaser will respond in writing to any request
for clarification, provided that such request is
received no later than fourteen (14) days prior
to the deadline for submission of bids. The
Purchaser shall forward copies of its response to
all those who have acquired the Bidding Documents
directly from it, including a description of the
inquiry but without identifying its source.
Should the Purchaser deem it necessary to amend
the Bidding Documents as a result of a
clarification, it shall do so following the
procedure under ITB Clause 8 and ITB Sub-Clause
.
8. Amendment of
Bidding Documents
At any time prior to the deadline for
submission of bids, the Purchaser may amend the
Bidding Documents by issuing addendum.
Any addendum issued shall be part of the
Bidding Documents and shall be communicated in
writing to all who have obtained the Bidding
Documents directly from the Purchaser.
To give prospective Bidders reasonable time
in which to take an addendum into account in
preparing their bids, the Purchaser may, at its
discretion, extend the deadline for the
Section I. Instruction to Bidders (ITB) 16
submission of bids, pursuant to ITB Sub-Clause
.
C. Preparation of Bids
9. Cost of Bidding The Bidder shall bear all costs associated
with the preparation and submission of its bid,
and the Purchaser shall not be responsible or
liable for those costs, regardless of the conduct
or outcome of the bidding process.
of Bid The Bid, as well as all correspondence and
documents relating to the bid exchanged by the
Bidder and the Purchaser, shall be written in
Chinese. 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 Chinese, in which case, for purposes of
interpretation of the Bid, such translation shall
govern.
Comprising the Bid
The Bid shall comprise the following:
(a) Bid Submission Form and the applicable
Price Schedules, in accordance with ITB Clauses
12, 14, and 15;
(a)
(b) Bid Security, in accordance with ITB
Clause 21;
Section I. Instruction to Bidders (ITB) 17
(b)
(c) Alternative bids, if permitted in
accordance with ITB Clause 13;
(c)
(d) Written confirmation authorizing the
signatory of the Bid to commit the Bidder, in
accordance with ITB Clause 22;
(d)
(e) Documentary evidence in accordance with
ITB Clause 16 establishing the Bidder’s
eligibility to bid;
(e)
(f) Documentary evidence in accordance with
ITB Clause 17, that the Goods and Related
Services to be supplied by the Bidder can meet
eligibility requirement;
(f)
(g) Documentary evidence in accordance with
ITB Clauses 18 and 30, that the Goods and Related
Services conform to the Bidding Documents;
(g)
(h) Documentary evidence in accordance with
ITB Clause 19 establishing the Bidder’s
qualifications to perform the contract if its bid
Section I. Instruction to Bidders (ITB) 18
is accepted; and
(h)
(i) Any other document required in the BDS.
Submission
Form and Price
Schedules
The Bidder shall submit the Bid Submission
Form using the form furnished in Section IV,
Bidding Forms. This form must be completed
without any alterations to its format, and no
substitutes shall be accepted. All blank spaces
shall be filled in with the information
requested.
The Bidder shall submit the Price Schedules
for Goods and Related Services, according to the
forms furnished in Section IV, Bidding Forms
Bids Unless otherwise specified in the BDS,
alternative bids shall not be considered.
Prices and
Discounts
The prices and discounts quoted by the
Bidder in the Bid Submission Form and in the
Price Schedules shall conform to the requirements
specified below.
All lots and items must be listed and priced
separately in the Price Schedules. If a price
schedule shows items listed but not priced, their
prices shall be assumed to be included in the
prices of other items. Items not listed in the
Section I. Instruction to Bidders (ITB) 19
Price Schedule shall be assumed not to be
included in the Bid, and provided that the Bid is
substantially responsive, the corresponding
adjustments shall be applied in accordance with
ITB .
The price to be quoted in the Bid Submission
Form shall be the total price of the bid,
excluding any discounts offered.
The Bidder shall quote any unconditional
discounts and indicate the method for their
application in the Bid Submission Form.
The term EXW and other similar terms shall
be governed by the rules prescribed in the
current edition of INCOTERMS, published by The
International Chamber of Commerce, as specified
in the BDS.
Prices shall be quoted as specified in each
Price Schedule included in Section IV, Bidding
Forms. The disaggregation of price components is
required solely for the purpose of facilitating
the comparison of bids by the Purchaser. This
shall not in any way limit the Purchaser’s right
Section I. Instruction to Bidders (ITB) 20
to contract on any of the terms offered. Prices
shall be entered in the following manner:
(i) the price of the Goods quoted EXW (ex
works, ex factory, ex warehouse, ex showroom, or
off-the-shelf, as applicable), including all
customs duties and sales and other taxes already
paid or payable on the components and raw
material used in the manufacture or assembly of
the Goods;
(ii) the price for transportation, insurance,
and other Related Services (inclusive of any
applicable taxes) required to convey the Goods to
their final destination (Project Site) specified
in the BDS.
Prices quoted by the Bidder shall be fixed
during the Bidder’s performance of the Contract
and not subject to variation on any account
unless otherwise specified in the BDS. A Bid
submitted with an adjustable price quotation
shall be treated as non responsive and shall be
rejected, pursuant to ITB Clause 30. However, if
in accordance with the BDS, prices quoted by the
Bidder shall be subject to adjustment during the
performance of the Contract, a Bid submitted with
a fixed price quotation shall not be rejected,
Section I. Instruction to Bidders (ITB) 21
but the price adjustment shall be treated as
zero.
If so indicated in ITB Sub-Clause , bids
are being invited for individual contracts (lots)
or for any combination of contracts (packages).
Unless otherwise indicated in the BDS, prices
quoted shall correspond to 100% of the items
specified for each lot and to 100% of the
quantities specified for each item of a lot.
Bidders wishing to offer any price reduction
(discount) for the award of more than one
Contract shall specify the applicable price
reduction in accordance with ITB Sub-Clause
provided the bids for all lots are submitted and
opened at the same time.
of Bid Prices shall be quoted in Chinese Renminbi.
Establishing the
Eligibility of the
Bidder
To establish their eligibility in accordance
with ITB Clause 4, Bidders shall complete the Bid
Submission Form, included in Section IV, Bidding
Forms. If the Bidder is an existing or intended
joint venture (JV) in accordance with ITB of
the BDS, the Bidder shall submit a copy of the JV
agreement or a letter of intent to enter into such
agreement. The respective document shall be signed
by all legally authorized signatories of all the
parties to the existing or intended JV as
appropriate.
Section I. Instruction to Bidders (ITB) 22
Establishing the
Eligibility of the
Goods and Related
Services
To establish the eligibility of the Goods
and Related Services in accordance with ITB
Clause 5, Bidders shall complete the country of
origin declarations in the Price Schedule Forms,
included in Section IV, Bidding Forms.
Establishing the
Conformity of the
Goods and Related
Services
To establish the conformity of the Goods and
Related Services to the Bidding Documents, the
Bidder shall furnish as part of its Bid the
documentary evidence that the Goods conform to
the technical specifications and standards
specified in Section VI, Schedule of
Requirements.
The documentary evidence may be in the form
of literature, drawings or data, and shall
consist of a detailed item by item description of
the essential technical and performance
characteristics of the Goods and Related
Services, demonstrating substantial
responsiveness of the Goods and Related Services
to the technical specification, and if
applicable, a statement of deviations and
exceptions to the provisions of the Schedule of
Requirements.
The Bidder shall also furnish a list giving
full particulars, including available sources and
current prices of spare parts, special tools,
Section I. Instruction to Bidders (ITB) 23
etc., necessary for the proper and continuing
functioning of the Goods during the period
specified in the BDS following commencement of
the use of the goods by the Purchaser.
Standards for workmanship, process,
material, and equipment, as well as references to
brand names or catalogue numbers specified by the
Purchaser in the Schedule of Requirements, are
intended to be descriptive only and not
restrictive. The Bidder may offer other
standards of quality, brand names, and/or
catalogue numbers, provided that it demonstrates,
to the Purchaser’s satisfaction, that the
substitutions ensure substantial equivalence or
are superior to those specified in the Schedule
of Requirements.
Establishing the
Qualifications of
the Bidder
The documentary evidence of the Bidder’s
qualifications to perform the contract if its bid
is accepted shall establish to the Purchaser’s
satisfaction:
(a) that, if required in the BDS, a Bidder
that does not manufacture or produce the Goods it
offers to supply shall submit the Manufacturer’s
Authorization using the form included in Section
IV, Bidding Forms to demonstrate that it has been
duly authorized by the manufacturer or producer of
Section I. Instruction to Bidders (ITB) 24
the Goods to supply these Goods;
(a)
(b) that, if required in the BDS, in case of
a Bidder not establishing maintenance/after-sale
service center within the project site, the
Bidder is or will be (if awarded the contract)
represented by an Agent equipped and able to
carry out the Supplier’s maintenance, repair and
spare parts-stocking obligations prescribed in
the Conditions of Contract and/or Technical
Specifications; and
(b)
(c) that the Bidder meets each of the
qualification criterion specified in Section III,
Evaluation and Qualification Criteria.
of
Validity of Bids
Bids shall remain valid for the period
specified in the BDS after the bid submission
deadline date prescribed by the Purchaser. A bid
valid for a shorter period shall be rejected by
the Purchaser as non responsive.
In exceptional circumstances, prior to the
expiration of the bid validity period, the
Purchaser 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
Section I. Instruction to Bidders (ITB) 25
Clause 21, it shall also be extended for a
corresponding period. A Bidder may refuse the
request without forfeiting its Bid Security. A
Bidder granting the request shall not be required
or permitted to modify its bid, except as
provided in ITB Sub-Clause .
In the case of fixed price contracts, if the
award is delayed by a period exceeding fifty-six
(56) days beyond the expiry of the initial bid
validity, the Contract price shall be adjusted as
specified in the request for extension unless
otherwise specified in the BDS. Bid evaluation
shall be based on the Bid Price without taking into
consideration the above correction.
Security The Bidder shall furnish as part of its bid,
in original form of a Bid Security and the
amount shall be specified in the BDS and
denominated in Chinese Renminbi.
The Bid Security shall be, at the Bidder;s
option, in any of the following forms:
(a) an unconditional bank guarantee issued
by a reputable bank in China; or
(a)
Section I. Instruction to Bidders (ITB) 26
(b) cashier check.
(b)
In the case of a bank guarantee, the bid security
shall be submitted using the form of Bid Security
included in Section IV, Bidding Forms. The bid
security shall be valid for twenty-eight (28)
days beyond the original validity period of the
bid, or beyond any period of extension if
requested under ITB Sub-Clause ;
Any bid not accompanied by an enforceable
and substantially compliant Bid Security in
accordance with ITB Sub-Clause shall be
rejected by the Purchaser as non-responsive.
The Bid Security of unsuccessful Bidders
shall be returned as promptly as possible upon
the successful Bidder’s signing of the Contract
Agreement pursuant to ITB Clause 41 and
furnishing of the Performance Security pursuant
to ITB Clause 42.
The Bid Security may be forfeited:
(a) if a Bidder withdraws its bid during the
Section I. Instruction to Bidders (ITB) 27
period of bid validity specified by the Bidder on
the Bid Submission Form, except as provided in
ITB Sub-Clause ; or
(a)
(b) if the successful Bidder fails to:
(b)
(i) sign the Contract in accordance
with ITB Clause 41;
(i)
(ii) furnish a Performance Security in
accordance with ITB Clause 42.
(ii)
The Bid Security of a JV must be in the name
of the JV that submits the bid. If the JV has not
been legally constituted at the time of bidding,
the Bid Security shall be in the names of all
future partners as named in the letter of intent
mentioned in Item 7 of Bidder Information Form in
Section IV “Bidding Forms”.
and
Signing of Bid
22.
The Bidder shall prepare one original of the
documents comprising the bid as described in ITB
Clause 11 and clearly mark it “ORIGINAL.”
Alternative bids if permitted in accordance with
ITB Clause 13 shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall
submit copies of the bid, in the number specified
Section I. Instruction to Bidders (ITB) 28
in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and
the copies, the original shall prevail.
The original and all copies of the bid shall
be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on
behalf of the Bidder. This authorization shall
consist of a written confirmation as specified in
the BDS and shall be attached to the Bid. The
name and position held by each person signing the
authorization must be typed or printed below the
signature.
Any amendment such as interlineations,
erasures, or overwriting shall be valid only if
they are signed or initialed by the person
signing the Bid.
D. Submission and Opening of Bids
,
Sealing and Marking
of Bids
Bidders may always submit their bids by mail
or by hand. When so specified in the BDS, bidders
shall have the option of submitting their bids
electronically. Procedures for submission,
sealing and marking are as follows:
(a) Bidders submitting bids by mail or by
Section I. Instruction to Bidders (ITB) 29
hand, shall enclose the original and each copy of
the Bid, including alternative bids, if permitted
in accordance with ITB Clause 13, in separate
sealed envelopes, duly marking the envelopes as
“ORIGINAL” “ALTERNATIVE” and “COPY.” These
envelopes containing the original and the copies
shall then be enclosed in one single envelope.
The rest of the procedure shall be in accordance
with ITB sub-Clauses and .
(a)
(b) Bidders submitting bids electronically
shall follow the electronic bid submission
procedures specified in the BDS.
(b)
The inner and outer envelopes shall:
(a) Bear the name and address of the Bidder;
(a)
(b) be addressed to the Purchaser in
accordance with ITB Sub-Clause ;
(b)
(c) bear the specific identification of this
bidding process indicated in ITB Clause and
any additional identification marks as specified
in the BDS; and
Section I. Instruction to Bidders (ITB) 30
(c)
(d) bear a warning not to open before the
time and date for bid opening, in accordance with
ITB Sub-Clause .
(d)
If all envelopes are not sealed and marked as
required, the Purchaser will assume no
responsibility for the misplacement or premature
opening of the bid.
for
Submission of Bids
Bids shall be received by the Purchaser at
the address and no later than the date and time
specified in the BDS.
The Purchaser may, at its discretion, extend
the deadline for the submission of bids by
amending the Bidding Documents in accordance with
ITB Clause 8, in which case all rights and
obligations of the Purchaser and Bidders
previously subject to the deadline shall
thereafter be subject to the deadline as
extended.
Bids The Purchaser shall not consider any bid
that arrives after the deadline for submission of
bids, in accordance with ITB Clause 24. Any bid
received by the Purchaser after the deadline for
submission of bids shall be declared late,
Section I. Instruction to Bidders (ITB) 31
rejected, and returned unopened to the Bidder.
,
Substitution, and
Modification of Bids
A Bidder may withdraw, substitute, or modify
its Bid after it has been submitted by sending a
written notice in accordance with ITB Clause 23,
duly signed by an authorized representative, and
shall include a copy of the authorization (the
power of attorney) in accordance with ITB
Sub-Clause , (except that no copies of the
withdrawal notices are required). The
corresponding substitution or modification of the
bid shall accompany the respective written
notice. All notices shall be:
(a) submitted in accordance with ITB Clauses 22
and 23 (except that no copies of withdrawal
notices are required), and in addition, the
respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;”
and
(a)
(b) received by the Purchaser prior to the
deadline prescribed for submission of bids, in
accordance with ITB Clause 24.
(b)
Bids requested to be withdrawn in accordance
with ITB Sub-Clause shall be returned
unopened to the Bidders.
Section I. Instruction to Bidders (ITB) 32
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 Bid Submission Form or any extension thereof.
Opening The Purchaser shall conduct the bid opening
in public at the address, date and time specified
in the BDS. Any specific electronic bid opening
procedures required if electronic bidding is
permitted in accordance with ITB Sub-Clause ,
shall be as specified in the BDS.
First, envelopes marked “WITHDRAWAL” shall
be opened and read out and the envelope with the
corresponding bid shall not be opened, but
returned to the Bidder. If the withdrawal
envelope does not contain a copy of the “power
of attorney” confirming the signature as a
person duly authorized to sign on behalf of the
Bidder, the corresponding bid will be opened. No
bid withdrawal shall be permitted unless the
corresponding withdrawal notice contains a valid
authorization to request the withdrawal and is
read out at bid opening. Next, envelopes marked
“SUBSTITUTION” shall be opened, read out and
recorded and exchanged with the corresponding Bid
being substituted, and the substituted Bid shall
Section I. Instruction to Bidders (ITB) 33
not be opened, but returned to the Bidder. No Bid
substitution shall be permitted unless the
corresponding substitution notice contains a
valid authorization to request the substitution
and is read out and recorded at bid opening.
Envelopes marked “MODIFICATION” shall be opened,
read out and recorded with the corresponding Bid.
No Bid modification shall be permitted unless the
corresponding modification notice contains a
valid authorization to request the modification
and is read out and recorded at Bid opening.
Only envelopes that are opened, read out and
recorded at Bid opening shall be considered
further.
All other envelopes shall be opened one at a
time, reading out: the name of the Bidder and
whether there is a modification; the Bid Prices,
including any discounts and alternative offers;
the presence of a Bid Security, if required; and
any other details as the Purchaser may consider
appropriate. Only discounts and alternative
offers read out and recorded at Bid opening shall
be considered for evaluation. No Bid shall be
rejected at Bid opening except for late bids, in
accordance with ITB Sub-Clause .
The Purchaser shall prepare a record of the
Bid opening that shall include, as a minimum: the
Section I. Instruction to Bidders (ITB) 34
name of the Bidder and whether there is a
withdrawal, substitution, or modification; the
Bid Price, per lot if applicable, including any
discounts, and alternative offers if they were
permitted; and the presence or absence of a Bid
Security, if one was required. The Bidders’
representatives who are present shall be
requested to sign the record. 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.
E. Evaluation and Comparison of Bids
Information relating to the examination,
evaluation, comparison, and qualification of
bids, and recommendation of contract award, shall
not be disclosed to bidders or any other persons
not officially concerned with such process until
the Contract to the successful bidder has been
announced.
Any effort by a Bidder to influence the
Purchaser in the examination, evaluation,
comparison, and qualification of the bids or
contract award decisions may result in the
rejection of its Bid.
Section I. Instruction to Bidders (ITB) 35
Notwithstanding ITB Sub-Clause , from
the time of bid opening to the time of Contract
Award, if any Bidder wishes to contact the
Purchaser on any matter related to the bidding
process, it should do so in writing.
of
Bids
To assist in the examination, evaluation,
comparison and qualification of the bids, the
Purchaser may, at its discretion, ask any Bidder
for a clarification of its Bid. Any
clarification submitted by a Bidder in respect to
its Bid and that is not in response to a request
by the Purchaser shall not be considered. The
Purchaser’s request for clarification and the
response shall be in writing. No change in the
prices or substance of the Bid shall be sought,
offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the
Purchaser in the Evaluation of the bids, in
accordance with ITB Clause 31.
If a Bidder does not provide clarifications
of its Bid by the date and time set in the
Purchaser’s request for clarification, its Bid
may be rejected.
of
Bids
The Purchaser’s determination of a bid’s
responsiveness is to be based on the contents of
the bid itself, as defined in ITB Clause 11.
Section I. Instruction to Bidders (ITB) 36
A substantially responsive Bid is one that
conforms to all the terms, conditions, and
specifications of the Bidding Documents without
material deviation, reservation, or omission. A
material deviation, reservation, or omission is
one that:
(a) affects in any substantial way the
scope, quality, or performance of the Goods and
Related Services specified in Section VI:
Schedule of Requirements; or
(a)
(b) limits in any substantial way,
inconsistent with the Bidding Documents, the
Purchaser’s rights or the Bidder’s obligations
under the Contract; or
(b)
(c) if rectified would unfairly affect the
competitive position of other bidders presenting
substantially responsive bids.
(c)
If a bid is not substantially responsive to
the Bidding Documents, it shall be rejected by
the Purchaser and may not subsequently be made
responsive by the Bidder by correction of the
Section I. Instruction to Bidders (ITB) 37
material deviation, reservation, or omission.
The Purchaser shall examine the technical
aspects of the bid in particular, to confirm that
all requirements set out in Section VI: Schedule
of Requirements have been met without any
material deviation or reservation.
During the evaluation of bids, the following
definitions apply:
(a) “Deviation” is a departure from the
requirements specified in the Bidding Document;
(a)
(b) “Reservation” is the setting of
limiting conditions or withholding from complete
acceptance of the requirements specified in the
Bidding Document;
(b)
(c) “Omission” is the failure to submit
part or all of the information or documentation
required in the Bidding Document.
,
Errors, and
Omissions
Provided that a Bid is substantially
responsive, the Purchaser may waive any
non-conformities or omissions in the Bid that do
Section I. Instruction to Bidders (ITB) 38
not constitute a material deviation, reservation
or omission.
Provided that a bid is substantially
responsive, the Purchaser may request that the
Bidder submit the necessary information or
documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities or
omissions in the bid related to documentation
requirements. Requesting information or
documentation on such nonconformities shall not
be related to any aspect of the price of the Bid.
Failure of the Bidder to comply with the request
may result in the rejection of its Bid.
Provided that a Bid is substantially
responsive, the Purchaser shall rectify
quantifiable nonmaterial nonconformities or
omissions related to Bid Price. To this effect,
the Bid Price shall be adjusted, for comparison
purposes only, to reflect the price of the
missing or nonconforming item or component. The
adjustment shall be made using the method
indicated in Section III: Evaluation and
Qualification Criteria.
Provided that the Bid is substantially
Section I. Instruction to Bidders (ITB) 39
responsive, the Purchaser shall correct
arithmetical errors on the following basis:
(a) if there is a discrepancy between the
unit price and the line item total that is
obtained by multiplying the unit price by the
quantity, the unit price shall prevail and the
line item total shall be corrected, unless in the
opinion of the Purchaser there is an obvious
misplacement of the decimal point in the unit
price, in which case the line item total as
quoted shall govern and the unit price shall be
corrected;
(a)
(b) if there is an error in a total
corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the
total shall be corrected; and
(b)
(c) 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) and (b)
above.
(c)
Section I. Instruction to Bidders (ITB) 40
If the Bidder that submitted the lowest
evaluated Bid does not accept the correction of
errors, its Bid shall be rejected.
Examination of Bids
The Purchaser shall examine the bids to
confirm that all documents and technical
documentation requested in ITB Clause 11 have
been provided, and to determine the completeness
of each document submitted.
The Purchaser shall confirm that the
following documents and information have been
provided in the Bid. If any of these documents
or information is missing, the offer shall be
rejected.
(a) Bid Submission Form, in accordance with
ITB Sub-Clause ;
(a)
(b) Price Schedules, in accordance with ITB
Sub-Clause ;
(b)
(c) Bid Security, in accordance with ITB
Clause 21.
of
Terms and
The Purchaser shall examine the Bid to
confirm that all terms and conditions specified
Section I. Instruction to Bidders (ITB) 41
Conditions;
Technical Evaluation
in the Conditions of Contract have been accepted
by the Bidder without any material deviation or
reservation.
The Purchaser shall evaluate the technical
aspects of the Bid submitted in accordance with
ITB Clause 18, to confirm that all requirements
specified in Section VI, Schedule of Requirements
of the Bidding Documents have been met without
any material deviation or reservation.
If, after the examination of the terms and
conditions and the technical evaluation, the
Purchaser determines that the Bid is not
substantially responsive in accordance with ITB
Clause 30, it shall reject the Bid.
of
Bids
The Purchaser shall evaluate each bid that
has been determined, up to this stage of the
evaluation, to be substantially responsive.
To evaluate a Bid, the Purchaser shall only
use all the factors, methodologies and criteria
defined Section III: Evaluation and Qualification
Criteria. No other criteria or methodology shall
be permitted.
Section I. Instruction to Bidders (ITB) 42
To evaluate a Bid, the Purchaser shall
consider the following:
(a) evaluation will be done for Items or
Lots, as specified in Section III: Evaluation and
Qualification Criteria; and the Bid Price as
quoted in accordance with clause 14;
(a)
(b) price adjustment for correction of
arithmetic errors in accordance with ITB
Sub-Clause ;
(b)
(c) price adjustment due to discounts
offered in accordance with ITB Sub-Clause ;
(c)
(d) adjustment for nonconformities in
accordance with ITB Sub-Clause .
(d)
(e) adjustments due to the application of
the evaluation criteria set out in Section III,
Evaluation and Qualification Criteria;
(e)
The Purchaser’s evaluation of a bid will
exclude and not take into account any allowance
Section I. Instruction to Bidders (ITB) 43
for price adjustment during the period of execution
of the contract, if provided in the bid.
The Purchaser’s evaluation of a bid may
require the consideration of other factors, in
addition to the Bid Price quoted in accordance
with ITB Clause 14. These factors may be related
to the characteristics, performance, and terms
and conditions of purchase of the Goods and
Related Services and shall be detailed in Section
III, Evaluation and Qualification Criteria. The
effect of the factors selected shall be expressed
in monetary terms to facilitate comparison of
bids.
These Bidding Documents shall allow Bidders
to quote separate prices for one or more lots,
and shall allow the Purchaser to award one or
multiple lots to more than one Bidder. The
methodology of evaluation to determine the
lowest-evaluated lot combinations is specified in
Section III, Evaluation and Qualification
Criteria.
of
Bids
The Purchaser shall compare all
substantially responsive bids to determine the
lowest-evaluated bid, in accordance with ITB
Clause 34.
Section I. Instruction to Bidders (ITB) 44
of
the Bidder
The Purchaser shall determine to its
satisfaction whether the Bidder that is selected
as having submitted the lowest evaluated and
substantially responsive bid meets the
qualification criteria specified in Section III,
Evaluation and Qualification Criteria.
The determination shall be based upon an
examination of the documentary evidence of the
Bidder’s qualifications submitted by the Bidder,
pursuant to ITB Clause 19.
An affirmative determination shall be a
prerequisite for award of the Contract to the
Bidder. A negative determination shall result in
disqualification of the bid, in which event the
Purchaser shall proceed to the next lowest
evaluated bid to make a similar determination of
that Bidder’s capabilities to perform
satisfactorily.
The capabilities of the manufactures and
subcontractors proposed in its Bid to be used by
the lowest evaluated Bidder for identified major
items of the Requirements will also be evaluated
for acceptability in accordance with the criteria
and methodologies defined in Section III,
Section I. Instruction to Bidders (ITB) 45
Evaluation and Qualification Criteria. Their
participation should be confirmed with a letter
of intent between the parties, as needed. Should
a manufacturer or subcontractor be determined to
be unacceptable, the Bid will not be rejected,
but the Bidder will be required to substitute an
acceptable manufacturer or subcontractor without
any change to the bid price.
’s
Right to Accept Any
Bid, and to Reject
Any or All Bids
The Purchaser 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.
F. Award of Contract
Criteria Subject to ITB Sub-Clause , the
Purchaser shall award the Contract to the Bidder
whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to
the Bidding Documents, provided further that the
Bidder is determined to be qualified to perform
the Contract satisfactorily.
’s
Right to Vary
Quantities at Time
of Award
At the time the Contract is awarded, the
Purchaser reserves the right to increase or
decrease the quantity of Goods and Related
Services originally specified in Section VI:
Schedule of Requirements, provided this does not
exceed the percentages specified in the BDS, and
without any change in the unit prices or other
Section I. Instruction to Bidders (ITB) 46
terms and conditions of the bid and the Bidding
Documents.
of
Award
Prior to the expiration of the period of bid
validity, the Purchaser shall notify the successful
Bidder, in writing, that its Bid has been accepted.
Until a formal Contract is prepared and
executed, the notification of award shall
constitute a binding Contract.
Upon the successful Bidder’s furnishing of
the signed Contract Form and performance security
pursuant to ITB Clause 42, the Purchaser will
promptly notify each unsuccessful Bidder and will
discharge its bid security, pursuant to ITB Clause
.
The Purchaser shall publish in a newspaper of
wide circulation, or a freely accessible website
the results identifying the bid and lot number and
the following information: (i) name of each Bidder
who submitted a Bid, (ii) bid prices as read out at
Bid Opening, (iii) name and evaluated prices of
each Bid that was evaluated, (iv) name of bidders
whose bids were rejected and the reasons for their
rejection, and (v) name of the winning Bidder, and
the Price it offered, as well as the duration and
Section I. Instruction to Bidders (ITB) 47
summary of the scope of the contract awarded.
of
Contract
Promptly after notification, the Purchaser
shall send the successful Bidder the Contract
Agreement and Conditions of Contract.
Within twenty-eight (28) days of receipt of
the Contract Agreement, the successful Bidder
shall sign, date, and return it to the Purchaser.
Security
Within twenty eight (28) days of the receipt
of notification of award from the Purchaser, the
successful Bidder, if required, shall furnish the
Performance Security in accordance with the
Conditions of Contract using for that purpose the
Performance Security Form included in Section IX
Contract Forms, or another Form acceptable to the
Purchaser.
Failure of the successful Bidder to submit
the above-mentioned Performance Security or sign
the Contract shall constitute sufficient grounds
for the annulment of the award and forfeiture of
the Bid Security. In that event the Purchaser
may award the Contract to the next lowest
evaluated Bidder, whose offer is substantially
responsive and is determined by the Purchaser to
be qualified to perform the Contract
satisfactorily.
Section I. Instruction to Bidders (ITB) 48
Section II. Bidding Data Sheet (BDS) 49
Section II. Bidding Data Sheet (BDS)
The following specific data for the goods to be procured shall
complement, supplement, or amend the provisions in the Instructions to
Bidders (ITB). Whenever there is a conflict, the provisions herein
shall prevail over those in ITB.
(Instructions for completing the Bid Data Sheet are provided, as needed,
in the notes in italics mentioned for the relevant ITB Clauses.)
ITB Clause
Reference
A. General
ITB The Purchaser is: (insert complete name)
ITB The name and identification number of the NCB are: (insert
name and identification number)
The number, identification and names of the lots
comprising this NCB are: (insert number; list the lots and
related Goods)
ITB Source of funds: (please select the World Bank or Asian
Development Bank or Government own funds, etc, as
appropriate)
ITB The name of the Project is: (insert the name of the
Project)
ITB For the World Bank financed contracts, please insert the
following sub-clause:
Payments by the Bank will be made only at the request
of the Borrower and upon approval by the Bank in
Section II. Bidding Data Sheet (BDS) 50
accordance with the terms and conditions of the financing
agreement between the Borrower and the Bank (hereinafter
called the Loan Agreement), and will be subject in all
respects to the terms and conditions of that Loan
Agreement. The Loan Agreement prohibits a withdrawal from
the loan account for the purpose of any payment to persons
or entities, or for any import of goods, if such payment
or import, to the knowledge of the Bank, is prohibited by
decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations. No
party other than the Borrower shall derive any rights from
the Loan Agreement or have any claim to the funds.
For the Asian Development Bank financed contracts, please
insert the following sub-clause:
Payments by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Borrower and the Bank (hereinafter called the Loan Agreement), and will be subject in all respects to the terms and conditions of that Loan Agreement. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to the funds.
ITB For the purpose of ITB Clause , the following sample
wordings shall be selected:
For the World Bank financed contracts, please use the
following clauses:
The World Bank’s Guidelines on Preventing and Combating
Fraud and Corruption in Projects Financed by IBRD Loans
and IDA Credits and Grants is applicable.
3In pursuance of this policy, the World Bank:
3 In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents,
subcontractors, sub-consultants, service providers, suppliers and/or their employees to influence the
procurement process or contract execution for undue advantage is improper.
Section II. Bidding Data Sheet (BDS) 51
(a) defines, for the purposes of this provision, the terms
set forth below as follows:
(i) “corrupt practice” is the offering, giving,
receiving or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of
another party4;
(ii) “fraudulent practice” is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an
obligation5;
(iii) “collusive practice” is an arrangement between
two or more parties6 designed to achieve an improper
purpose, including to influence improperly the actions of
another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party7;
4 “Another party” refers to a public official acting in relation to the procurement process or contract
execution. In this context, “public official” includes World Bank staff and employees of other organizations
taking or reviewing procurement decisions.
5 “Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
6 “Parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non- competitive levels.
7 “Party” refers to a participant in the procurement process or contract execution.
Section II. Bidding Data Sheet (BDS) 52
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or
making false statements to investigators in order to
materially impede a Bank investigation into allegations of
a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the
investigation; or
(bb) acts intended to materially impede the exercise of the
Bank’s inspection and audit rights provided for under
sub-clause (e) below.
(b) will reject a proposal for award if it determines that
the bidder recommended for award has, directly or through
an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for the
contract in question;
(c) will cancel the portion of the loan allocated to a
contract if it determines at any time that representatives
of the Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive, or coercive practices
during the procurement or the execution of that contract,
without the Borrower having taken timely and appropriate
action satisfactory to the Bank to address such practices
when they occur; and
Section II. Bidding Data Sheet (BDS) 53
(d) will sanction a firm or an individual, at any time, in accordance with prevailing Bank’s sanctions
procedures8, including by publicly declaring such firm or
individual ineligible, either indefinitely or for a stated
period of time: (i) to be awarded a Bank-financed
contract; and (ii) to be a nominated9 sub-contractor,
consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded a
Bank-financed contract; and
(e) In further pursuance of this policy, Bidders shall
permit the Bank to inspect any accounts and records and
other documents relating to the bid submission and
contract performance, and to have them audited by auditors
appointed by the Bank.
For the Asian Development Bank financed projects, please
use the following clauses:
In pursuance of this policy, ADB:
(a) defines, for the purposes of this provision, the terms
set forth below as follows:
(i) “corrupt practice” is the offering, giving,
8 A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon completion
of the Bank’s sanctions proceedings as per its sanctions procedures, including inter alia: (i) temporary
suspension in connection with an ongoing sanctions proceeding; (ii) cross-debarment as agreed with other
International Financial Institutions, including Multilateral Development Banks; and (iii) the World Bank
Group corporate administrative procurement sanctions procedures for fraud and corruption.
9 b A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are
used depending on the particular bidding document) is one which either has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that
are accounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii) appointed by
the Borrower.
Section II. Bidding Data Sheet (BDS) 54
receiving or soliciting, directly or indirectly, anything
of value to influence improperly the actions of another
party;
(ii) “fraudulent practice” means any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an
obligation;
(iii) “coercive practice” means impairing or harming,
or threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
(iv) “collusive practice” means an arrangement between
two or more parties designed to achieve an improper
purpose, including influencing improperly the actions of
another party;
(b) will reject a proposal for award if it determines that
the bidder recommended for award has, directly or through
an agent, engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for the contract; and
(c) will cancel the portion of the financing allocated to a contract if it determines at any time that representatives of the borrower or of a beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement or the execution of that contract, without the borrower having taken timely and appropriate action satisfactory to ADB to remedy the situation; and
(d) will sanction a firm or an individual, at any time, in accordance with ADB’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended from time to time), including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed or ADB-administered activities or to benefit from an ADB-financed or ADB-administered contract, financially or otherwise, if it at any time determines that the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive or other prohibited practices.
Section II. Bidding Data Sheet (BDS) 55
For the contracts financed by Government own funds: please
use the following sample clause:
Chinese laws and regulations on anticorruption will apply
when bidders are engaged in corrupt, fraudulent, and
collusive practices in competing for or in execution of
the contracts.
ITB For the Asian Development Bank financed Contracts, Please
insert the following: ADB considers a conflict of interest
to be a situation in which a party has interests that
could improperly influence that party’s performance of
official duties or responsibilities, contractual
obligations, or compliance with applicable laws and
regulations, and that such conflict of interest may
contribute to or constitute a prohibited practice under
ADB's Anticorruption Policy. In pursuance of ADB's
Anticorruption Policy’s requirement that Borrowers
(including beneficiaries of Bank-financed activity), as
well as bidders, suppliers, and contractors under
Bank-financed contracts, observe the highest standard of
ethics. ADB will take appropriate actions, which include
not financing of the contract, if it determines that a
conflict of interest has flawed the integrity of any
procurement process
ITB A bidder that is under a declaration of ineligibility by
____ (insert name of World Bank/Asian Development
Bank/Chinese Authorities as the case may be) shall be
disqualified.
Section II. Bidding Data Sheet (BDS) 56
ITB For World Bank/Asian Development Bank financed Contracts,
Please insert the following statement:
Firms shall be excluded if (a) as a matter of law or
official regulation, China prohibits commercial relations
with that country, provided that the World Bank/Asian
Development Bank is satisfied that such exclusion does not
preclude effective competition for the supply of goods or
related services required; or (b) by an act of compliance
with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, China
prohibits any import of goods or contracting of works or
services from that country or any payments to persons or
entities in that country.
B. Contents of Bidding Documents
ITB For Clarification of bid purposes only, the Purchaser’s
address is:
Attention: (insert Project Officer’s name and room
number)
Address: (insert street name and number)
(insert floor and room number, if applicable)
City: (insert name of city or town)
ZIP Code: (insert postal (ZIP) code)
Section II. Bidding Data Sheet (BDS) 57
Country: (insert name of country)
Telephone: (insert telephone number including country and
city codes)
Facsimile number: (insert fax number including country and
city codes)
Electronic mail address: (insert e-mail address of Project
Officer)
C. Preparation of Bids
ITB
(i)
The Bidder shall submit the following additional documents
in its bid: (insert list of documents, if any)
ITB Alternative Bid (select “shall be” or “shall not be”)
permitted.
If alternatives bid is permitted, insert:
A bidder may submit an alternative bid which do not
conform to the specifications of Goods but meet the
performance prescribed in, or the objectives of, the
specifications. However, only the alternative bid of the
Bidder whose main bid is the lowest-evaluated
substantially responsive Bid will be considered provided
that the evaluated bid price of the alternative bid does
not exceed that of the main bid. Alternative bids must be
submitted in a sealed envelope clearly marked
“Alternative Bid” separate from the main Bid.
ITB The INCOTERMS edition is: (insert year of edition .
“INCOTERMS 2000”)
Section II. Bidding Data Sheet (BDS) 58
ITB “Final destination (Project Site)”: (insert name of
location where the Goods are to be actually used)
ITB The prices quoted by the Bidder (select “shall” or
“shall not”) be adjusted:
(if prices are to be adjustable, please insert “the
formula of adjusting the prices and explanatory details are
specified in Clause of Special Conditions of Contract)
ITB Prices quoted for each lot shall correspond at least to
(insert figure)% of the items specified for each lot.
Prices quoted for each item of a lot shall correspond at
least to (insert figure) percent of the quantities specified
for this item of a lot.
ITB Period of time the Goods are expected to be functioning
(for the purpose of spare parts): (insert duration)
ITB
(a)
Manufacturer’s authorization is: (select “required” or
“not required”)
ITB
(b)
After sales service is: (select “required” or “not
required”)
ITB The bid validity period shall be (insert number) days.
ITB The Contract price (select “shall be” or “shall not
be”) adjusted in the request for extension of bid
validity.
ITB The amount of the Bid Security shall be: (insert amount)
ITB In addition to the original of the bid, the number of
copies is: (insert number)
Section II. Bidding Data Sheet (BDS) 59
ITB
The written confirmation of Authorization shall consist of:
D. Submission and Opening of Bids
ITB Bidders (select “shall” or “shall not”) have the option
of submitting their bids electronically.
ITB
(b)
If bidders shall have the option of submitting their bids
electronically, the electronic bidding submission
procedures shall be: (insert a description of the
electronic bidding submission procedures)
ITB
(c)
The inner and outer envelopes shall bear the following
additional identification marks: (insert the name and / or
number that must appear on the bid envelope to identify
this specific bidding process)
ITB For bid submission purposes, the Purchaser’s address is:
Attention: (insert Project Officer’s name)
Address: (insert street name and number)
Floor-Room number: (insert floor and room number, if
applicable) (important to avoid delays or misplacement of
bids)
City: (insert name of city)
ZIP Code: (insert postal (ZIP) code)
The deadline for the submission of bids is:
Date: (insert day, month, and year, . 15 March, 2009)
Section II. Bidding Data Sheet (BDS) 60
Time: (insert time, and identify if . or ., .
10:30 .)
ITB The bid opening shall take place at:
Street Address: (insert street address and number)
Floor/ Room number: (insert floor and room number)
City: (insert name of city)
Date: (insert day, month, and year, . 15 March, 2009)
Time: (insert time, and identify if . or . . 10:30
.)
ITB If electronic bid submission is permitted in accordance
with ITB sub-clause , the specific bid opening
procedures shall be: (insert description of the procedures)
E. Evaluation and Comparison of Bids
ITB
(a)
Evaluation will be done for (select Items or Lots)
F. Award of Contract
ITB The maximum percentage by which quantities may be increased
is: (insert percentage, normally 15%)
The maximum percentage by which quantities may be decreased
is: (insert percentage, normally 15%)
Section III. Evaluation and Qualification Criteria 61
Section III: Evaluation and Qualification
Criteria
This Section complements the Instructions to Bidders. It contains the
criteria that the Purchaser may use to evaluate a bid and determine
whether a Bidder has the required qualifications. No other criteria
shall be used.
(The Purchaser shall select the criteria deemed appropriate for the
procurement process, insert the appropriate wording using the samples
below or other acceptable wording, and delete the text in italics.)
Table of Criteria
1. Evaluation Criteria
Scope
Technical Criteria
Section III. Evaluation and Qualification Criteria 62
Economic Criteria
Multiple Contracts
2. Qualification Criteria
Financial Criteria
Experience Criteria
Supply Capacity
Litigation History
Section III. Evaluation and Qualification Criteria 63
Evaluation Criteria
1. Scope
Transportation, Insurance and Related Services
If the Purchaser wishes to consider during the bid evaluation the costs
of transportation, insurance, and other services incidental to delivery
of the goods to their final destination, then
(a) the Purchaser must define these services items in Section VI:
Schedule of Requirements; and
(b) Bidders must be required to quote for these services items as part
of their bid price in the Price Schedule of Related Services provided in
Section IV: Bidding Forms.
In such case, the following provision should be used:
(Insert: Costs for transportation, insurance, and other incidental costs
for delivery of the goods from the EXW premises to the Project Site as
defined in Section VI: Schedule of Requirements shall be quoted in the
Price Schedule of Related Services provided in Section IV: Bidding Forms.
These costs will be taken into account during bid evaluation. If a
Bidder fails to include such costs in its Bid, then these costs will be
estimated by the Purchaser on the basis of published tariffs by the rail,
or road transport agencies, insurance companies, or other appropriate
sources, and added to EXW)
Minor Omission or Missing Items
Section III. Evaluation and Qualification Criteria 64
The cost of minor omissions or missing items in the scope of supply,
services, etc., should be added to the Bid Price to allow for Bid
comparison on an equal basis. The price adjustment should be based on a
reasonable estimate of the cost by the Purchaser, taking into
consideration the corresponding quoted prices from other conforming Bids.
The price adjustment should be based on the fair price of the omitted
item. The most frequently used method assigns to the missing item as
price is equal to the highest price quoted for the same item by the
other Bidders.
(Insert: Pursuant to Sub-Clause of the Instruction to Bidders, the
cost of all quantifiable nonmaterial nonconformities or omissions from
the contractual and commercial conditions shall be evaluated. The
Purchaser will use the highest price quoted for the same item by the
other Bidders for any nonmaterial nonconformities and omissions for the
purpose of evaluation and comparison of Bids).
2. Technical Criteria
These criteria should specify the minimum technical level that the Goods
and related services shall have in order to comply with the Section VI:
Schedule of Requirements. Whenever possible, these criteria should be
evaluated on a pass or fail system, with a minimum acceptable level for
each criteria enumerated.
However, a minor deficiency in technical compliance may not be cause of
rejection of the Bid. An example of such non substantive deficiency is
the case of an auxiliary motor of which the power rating falls short of
that specified, or a proposal to supply cross-ply tires for a vehicle
instead of radial-ply as specified. The cost of making good any
Section III. Evaluation and Qualification Criteria 65
deficiency should likewise be added to the Bid price concerned. The most
frequently used methods assign to the non-conforming items or components,
prices based on similar methods described above, with the price of the
non-conforming items or component deducted.
(Insert: The cost of all quantifiable deviations or deficiencies from
the technical requirements as specified in Section VI: Schedule of
Requirements shall be evaluated. The Purchaser will make its own
assessment of the cost of these deviations or deficiencies for the
purpose of ensuring fair comparison of Bids).
3. Economic Criteria
The economic criteria are most important when evaluating a Bid. In most
cases, they are only criteria for evaluating Bids that have passed
technical evaluation. Price, however, may not be the only criterion, as
there could be other criteria that may be expressed in monetary terms.
For energy consuming equipment and facilities, adjustment for efficiency
over and above the minimum functional guarantees specified in the
specifications (., generators, pumps), losses (., transformers),
and future operating costs of the equipment may be taken into account in
the determination of the evaluated Bid Price. The financial costs for
these adjustments (added to bid prices) shall be made only when it is
specified in the Bidding Document that these functional guarantees and
projected operating costs are factors in bid evaluation. The methods of
calculation for these evaluation factors shall be clearly specified in
the Bidding Document. Deviations from the specified manner of cost
calculation shall not be introduced.
Examples of such criteria appear below:
Section III. Evaluation and Qualification Criteria 66
Adjustment for Deviations in the Delivery and Completion Schedule
(Bidders are required to base their prices on the Delivery and
Completion Schedule specified in Section VI: Schedule of Requirements.
The Purchaser must state here whether deviations from the specified
Delivery and Completion Schedule are permitted or not. If permitted,
the Purchase shall evaluate deliveries by adding the corresponding price
adjustment in accordance with the procedure outline below).
(Alternative 1: Insert: Deviations from the Delivery and Completion
Schedule specified in Section VI: Schedule of Requirements, are not
permitted.
(Alternative 2: Insert:The Goods covered by this bidding process are
required to be delivered in accordance with, and completed within, the
Delivery and Completion Schedule specified in Section VI: Schedule of
Requirements. No credit will be given to earlier completion. Bids
offering late contract performance schedules will be accepted but the
Bids shall be adjusted in the evaluation by adding to the Bid Price at
the rate of (Purchaser to specify here the percentage) of the Bid Price
for each day of delay. Bids offering delivery schedules beyond
(Purchaser to specify here the time limit) of the date specified in
Section VI: Schedule of Requirement shall be rejected.
Adjustment for Deviations from the Terms of Payment.
The Purchaser must state here whether deviation from the terms of
payment as specified in Special Conditions of Contract, Sub-Clause ,
are permitted or not. If permitted, the Purchaser shall evaluate
deviations from the terms of payment in the following manner. The
Purchaser shall first evaluate the Bids based on the terms of payment
Section III. Evaluation and Qualification Criteria 67
specified in the Special Conditions of Contract, Clause . The
Purchaser shall then add an adjustment to the Bid Price to take into
account the differences in cash flows. The adjustment shall be
calculated as the discounted cash flow of the incremental payments of
the alternative compared with those of the terms of payment specified by
the Purchaser.
(Alternative 1: Insert: Deviations from the Terms of Payment as
specified in the Special Conditions of Contract are not permitted.
(Alternative 2: Insert: Bids offering payment terms which differ from
those specified in the Special Conditions of Contract will be accepted
but the Bids will be adjusted in the evaluation by adding the cost of
the interest involved at the rate of [Purchaser to specify here
commercial rate applicable].
Spare Parts
Only those spare parts and tools which are specified on an item-wise
basis in the List of Goods and Related Services in Section VI: Schedule
of Requirement shall be taken into account in the bid evaluation.
Supplier-recommended spare parts for a specified operating requirement
shall not be considered in bid evaluation.
(Insert: The list of items and quantities of (Purchaser to specify spare
parts, tools, major assemblies, and selected components), likely to be
required during the initial period of operation specified in the BDS
Sub-Clause , is indicated in Section VI: Schedule of Requirement.
The total cost of these items at the unit prices quoted in each Bid
Section III. Evaluation and Qualification Criteria 68
shall be added to the Bid Price)
.
Operating and Maintenance Costs
Operating and maintenance costs need to be taken into account for bid
evaluation purposes when such costs over the life cycle of the Goods
represent an important cost in relation to the capital or investment
cost of the Goods. Different technologies may involve large variations
in the capital costs of the Goods and the costs associated with their
operating and maintenance. Normally, more elaborate technologies and
materials used in the manufacturing of the Goods involve higher
investment costs and lower operating and maintenance costs. Operating
and maintenance costs are evaluated at their present value over the life
cycle of the Goods and then added to the price of the Goods.
Typical operating and maintenance cost factors for calculation are:
(a) Number of years for initial period of operation. It is recommended
that the initial period of operation does not exceed the usual period
before a major overhaul of the Goods is required, usually between
five and ten years. The load or working cycle (hourly, daily, monthly,
seasonal) of the Goods shall be as specified by the Purchaser.
(b) Operating costs such as fuel, electricity, spare parts, labor
and/or other inputs required for the operation of the Goods.
(c) Rate, in percent, to be used to discount to present value, all of
the annual future costs calculated under (b) above for the period
specified in (a).
Section III. Evaluation and Qualification Criteria 69
(Insert procedures to be used)
Performance and Productivity of the Goods
The adjustment factor for the performance or productivity of the Goods
shall be calculated based on the difference between the reference value
or norm (.,efficiency) as specified in Section VI: Schedule of
Requirement, and the corresponding value guaranteed by the Bidder in its
Bid. The method of calculation shall be the following:
(Insert detailed description of the methodology)
4 Multiple Contracts
If the Goods and Related Services are grouped in multiple lots, the
following provision must be used:
(insert: Goods are grouped in lots and pursuant to the Instruction to
Bidders, the Purchaser will evaluate and compare Bids on the basis of a
lot, or combination of lots, or as a total of lots in order to arrive at
the least cost combination for the Purchaser by taking into account
discounts offered by Bidders in case of award of multiple contracts)
Section III. Evaluation and Qualification Criteria 70
Qualification Criteria
For the procurement of ordinary, readily available, off-the-shelf items,
a thorough checking of the qualification of the bidders may not be
necessary, apart from ensuring that the technical specifications are met,
and that the equipment or machinery has been sufficiently tested in
practical terms.
If there is a need to ensure that the lowest-evaluated Bidder has the
necessary qualifications to successfully fulfill its obligations under
the contract, as the case may be for the procurement of expensive and
technically complex items of plant, equipment and machinery for which a
separate prequalification exercise was not considered feasible, the
Purchaser may specify appropriate qualification criteria in this
section.
Depending on the nature of the procurement, taking money and time at
risk into account, Bidders’ qualifications regarding critical aspects
of their financial, technical, production, procurement, shipping,
installation and other capabilities necessary to perform the contract
may need to be examined. It will be necessary to seek only information
essential to determine the Bidder’s capabilities to execute the
contract satisfactorily. All these criteria shall be evaluated on a
pass/fail basis only. Minimum acceptable levels with regard to Bidders’
experience in supplying goods and related services with comparable
technical parameters, its manufacturing and installation capacity, its
financial capability and other factors must be defined.
Section III. Evaluation and Qualification Criteria 71
The following criteria may be used individually or in combination to
establish one or several critical qualifications of the Bidder:
Size of Operation
Average annual turnover defined as the total payments received by the
Bidder for contracts completed or under execution over the last three
years.
Contractual Experience
Number of contracts successfully completed as main supplier within the
last three years. Value, nature, and complexity of these contracts
should be comparable to the contract to be let.
Technical Experience
Goods offered have been in production for at least [number] years and a
minimum of [number] units of similar capacity have been sold and have
been in operation satisfactorily for at least [number] years.
Production Capacity
Section III. Evaluation and Qualification Criteria 72
Minimum supply and/or production capacity required to assure that the
Bidder is capable of supplying the type, size, and quantity of the Goods
required.
Financial Position
Soundness of the Bidder’s financial position showing long-term
profitability demonstrated through audited annual financial statements
(balance sheet, income statement) for the last three years.
Cashflow Capacity
Availability of or access to liquid assets, lines of credit, and other
finances sufficient to meet any possible cash flow requirement which may
arise during the execution of the contract. This should in appropriate
cases also take into account the Bidder’s commitments for other
contracts.
Litigation History
All pending claims, arbitration, or other litigation shall represent in
total not more than [percent] of the Bidder’s net worth.
Section III. Evaluation and Qualification Criteria 73
Section IV. Bidding Forms 74
Section IV. Bidding Forms
Table of Forms
1. Bidder Information Form ..............................................38
2. Joint Venture Partner Information Form .................................
3. Bid Submission Form ....................................................
4. Price Schedule of Goods ................................................
5. Price Schedule of Related Services .....................................
6. Bid Security (Bank Guarantee) .........................................
7. Manufacturer’s Authorization .........................................
Section IV. Bidding Forms 75
Bidder Information Form
(The Bidder shall fill in this Form in accordance with the instructions
indicated below. No alterations to its format shall be permitted and no
substitutions shall be accepted.)
Date: (insert date (as day, month and year) of Bid Submission)
NCB No.: (insert number of bidding process)
1. Bidder’s Legal Name (insert Bidder’s legal name)
2. In case of JV, legal name of each party: (insert legal name of each
party in JV)
3. Bidder’s Country of Registration: (insert Country of Registration)
4. Bidder’s Year of Registration: (insert Bidder’s year of
registration)
5. Bidder’s Legal Address in Country of Registration: (insert Bidder’s
legal address in country of registration)
6. Bidder’s Authorized Representative Information
Section IV. Bidding Forms 76
Name: (insert Authorized Representative’s name)
Address: (insert Authorized Representative’s Address)
Telephone/Fax numbers: (insert Authorized Representative’s
telephone/fax numbers)
Email Address: (insert Authorized Representative’s email address)
7. Attached are copies of original documents of: (check the box(es) of
the attached original documents)
□ Articles of Incorporation or Registration of firm named in 1, above, in
accordance with ITB Sub-Clauses
□ In case of JV, letter of intent to form JV or JV agreement, in accordance
with ITB Sub-Clause .
Section IV. Bidding Forms 77
Joint Venture Partner Information Form
(The Bidder shall fill in this Form in accordance with the instructions
indicated below)
Date: (insert date (as day, month and year) of Bid Submission)
NCB No.: (insert number of bidding process)
Page ________ of ______ pages
1. Bidder’s Legal Name: (insert Bidder’s legal name)
2. JV’s Party legal name: (insert JV’s Party legal name)
3. JV’s Party Country of Registration: (insert JV’s Party country of
registration)
4. JV’s Party Year of Registration: (insert JV’s Part year of
registration)
5. JV’s Party Legal Address in Country of Registration: (insert JV’s
Party legal address in country of registration)
6. JV’s Party Authorized Representative Information
Name: (insert name of JV’s Party authorized representative)
Address: (insert address of JV’s Party authorized representative)
Telephone/Fax numbers: (insert telephone/fax numbers of JV’s Party
authorized representative)
Section IV. Bidding Forms 78
Email Address: (insert email address of JV’s Party authorized
representative)
7. Attached are copies of original documents of: (check the box(es) of
the attached original documents)
Articles of Incorporation or Registration of firm named in 2, above,
in accordance with ITB Sub-Clauses .
Authorization to represent the firm (Bidder) named above in
accordance with ITB
Section IV. Bidding Forms 79
Bid Submission Form
(The Bidder shall fill in this Form in accordance with the instructions
indicated No alterations to its format shall be permitted and no
substitutions shall be accepted.)
Date: (insert date (as day, month and year) of Bid Submission)
NCB No.: (insert number of bidding process)
Invitation for Bid No.: (insert No of IFB)
Alternative No.: (insert identification No. if this is a Bid for an
alternative)
To: (insert complete name of Purchaser)
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents,
including Addenda No.: ________________ (insert the number and issuing
date of each Addenda);
Section IV. Bidding Forms 80
(a)
(b) We offer to supply in conformity with the Bidding Documents and in
accordance with the Delivery Schedules specified in the Schedule of
Requirements the following Goods and Related Services ________________
(insert a brief description of the Goods and Related Services);
(b)
(c) The total price of our Bid, excluding any discounts offered in item
(d) below, is: ________________ (insert the total bid price in words and
figures);
(c)
(d) The discounts offered and the methodology for their application
are:
(d)
Discounts. If our bid is accepted, the following discounts shall apply.
(Specify in detail each discount offered and the specific item of the
Schedule of Requirements to which it applies.)
Methodology of Application of the Discounts. The discounts shall be
applied using the following method:
(Specify in detail the method that shall be used to apply the discounts)
Section IV. Bidding Forms 81
(e) Our bid shall be valid for the period of time specified in ITB
Sub-Clause , from the date fixed for the bid submission deadline in
accordance with ITB Sub-Clause , and it shall remain binding upon us
and may be accepted at any time before the expiration of that period;
(e)
(f) If our bid is accepted, we commit to obtain a performance security
in accordance with ITB Clause 42 and General Condition of Contract
Clause 18 for the due performance of the Contract;
(f)
(g) We, including any subcontractors or suppliers for any part of the
contract, have nationality from ________________; (insert the
nationality of the Bidder, including that of all parties that comprise
the Bidder, if the Bidder is a JV, and the nationality each
subcontractor and supplier)
(g)
(h) We have no conflict of interest in accordance with ITB Sub-Clause
;
(h)
(i) Our firm, its affiliates or subsidiaries – including any
subcontractors or suppliers for any part of the contract – has not been
declared ineligible by ________________ (select the World Bank or Asian
Development Bank or relevant Chinese Authorities. For World Bank or
Asian Development Bank financed contracts add “or by an act of
compliance with a decision of the United Nations Security Council”) in
accordance with ITB Sub-Clause ;
(i)
Section IV. Bidding Forms 82
(j) We are not a state-owned entity / We are a state-owned entity but
meet the requirements of ITB Sub-Clause ;10
(j)
(k) The following commissions, gratuities, or fees have been paid or
are to be paid with respect to the bidding process or execution of the
Contract: (insert complete name of each Recipient, its full address, the
reason for which each commission or gratuity was paid and the amount and
currency of each such commission or gratuity)
Name of Recipient Addre
