CHINESE MODEL BIDDING DOCUMENTS
PROCUREMENT OF GOODS
UNDER
NATIONAL COMPETITIVE BIDDING (NCB)
Ministry of Finance
The People’s Republic of China
January 2012
Summary Description
Preface
In order to regulate and standardize procurement activities of World Bank 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 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 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.
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
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
Summary Description ii
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 iii
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
Section VIII. Special Conditions of Contract
Section IX. Contract Forms
Invitation for Bids (IFB) iv
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 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
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) v
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 ________________
(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
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
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
Section I. Instruction to Bidders (ITB) 3
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
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
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) 4
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
(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 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 of a JV:
(a) all parties to the JV shall be jointly and severally liable;
and
Section I. Instruction to Bidders (ITB) 5
(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.
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 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
(b) they received or have received any direct or indirect
subsidy from any of them; or
(c) they have the same legal representative for purposes of
this Bid; or
(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,
(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
involved. However, this does not limit the inclusion of
the same subcontractor, not otherwise participating as a
Bidder, in more than one bid; or;
(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
(g) a Bidder or any of its affiliates has been hired, or is
proposed to be hired, by the Purchaser for the
Section I. Instruction to Bidders (ITB) 6
supervision of the contract.
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.
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 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
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 I. Instruction to Bidders (ITB) 7
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
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
Bidding
Documents
A prospective Bidder requiring any clarification of the
Bidding Documents shall 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
submission of bids, pursuant to ITB Sub-Clause .
Section I. Instruction to Bidders (ITB) 8
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.
10. Language 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.
11. Documents
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;
(b) Bid Security, in accordance with ITB Clause 21;
(c) Alternative bids, if permitted in accordance with ITB
Clause 13;
(d) Written confirmation authorizing the signatory of the
Bid to commit the Bidder, in accordance with ITB
Clause 22;
(e) Documentary evidence in accordance with ITB Clause
16 establishing the Bidder’s eligibility to bid;
(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;
(g) Documentary evidence in accordance with ITB Clauses
18 and 30, that the Goods and Related Services conform
to the Bidding Documents;
(h) Documentary evidence in accordance with ITB Clause
19 establishing the Bidder’s qualifications to perform
the contract if its bid is accepted; and
(i) Any other document required in the BDS.
12. Bid
Submission
Form and
Price
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
Section I. Instruction to Bidders (ITB) 9
Schedules 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
13. Alternative
Bids
Unless otherwise specified in the BDS, alternative bids shall
not be considered.
14. Bid 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 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 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)
Section I. Instruction to Bidders (ITB) 10
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, 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.
15. Currency of
Bid
Prices shall be quoted in Chinese Renminbi.
16. Documents
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.
17. Documents
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.
18. Documents
Establishing
the Conformity
of the Goods
and Related
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.
Section I. Instruction to Bidders (ITB) 11
Services 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, 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.
19. Documents
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 the Goods to supply these Goods;
(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
(c) that the Bidder meets each of the qualification criterion
specified in Section III, Evaluation and Qualification
Criteria.
20. Period of Bids shall remain valid for the period specified in the BDS
Section I. Instruction to Bidders (ITB) 12
Validity of
Bids
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 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.
21. Bid 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
(b) cashier check.
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:
Section I. Instruction to Bidders (ITB) 13
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
Form, except as provided in ITB Sub-Clause ; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB Clause
41;
(ii) furnish a Performance Security in accordance
with ITB Clause 42.
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”.
22. Format and
Signing of Bid
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 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
23. Submission,
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 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
Section I. Instruction to Bidders (ITB) 14
“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 .
(b) Bidders submitting bids electronically shall follow the
electronic bid submission procedures specified in the
BDS.
The inner and outer envelopes shall:
(a) Bear the name and address of the Bidder;
(b) be addressed to the Purchaser in accordance with ITB
Sub-Clause ;
(c) bear the specific identification of this bidding process
indicated in ITB Clause and any additional
identification marks as specified in the BDS; and
(d) bear a warning not to open before the time and date for
bid opening, in accordance with ITB Sub-Clause .
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.
24. Deadline 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.
25. Late 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,
rejected, and returned unopened to the Bidder.
26. Withdrawal,
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
Section I. Instruction to Bidders (ITB) 15
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
(b) received by the Purchaser prior to the deadline
prescribed for submission of bids, in accordance with
ITB Clause 24.
Bids requested to be withdrawn in accordance with ITB
Sub-Clause shall be returned unopened to the Bidders.
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.
27. Bid 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 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:
Section I. Instruction to Bidders (ITB) 16
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 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
28. Confidentiality 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.
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.
29. Clarification 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
Section I. Instruction to Bidders (ITB) 17
date and time set in the Purchaser’s request for clarification,
its Bid may be rejected.
30. Responsiveness
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.
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
(b) limits in any substantial way, inconsistent with the
Bidding Documents, the Purchaser’s rights or the
Bidder’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive
position of other bidders presenting substantially
responsive bids.
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 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;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document;
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
31. Nonconformi-
ties, Errors,
and Omissions
Provided that a Bid is substantially responsive, the Purchaser
may waive any non-conformities or omissions in the Bid that
do not constitute a material deviation, reservation or omission.
Section I. Instruction to Bidders (ITB) 18
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 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;
(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
(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.
If the Bidder that submitted the lowest evaluated Bid does not
accept the correction of errors, its Bid shall be rejected.
32. Preliminary
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
Section I. Instruction to Bidders (ITB) 19
documents or information is missing, the offer shall be
rejected.
(a) Bid Submission Form, in accordance with ITB
Sub-Clause ;
(b) Price Schedules, in accordance with ITB Sub-Clause
;
(c) Bid Security, in accordance with ITB Clause 21.
33. Examination of
Terms and
Conditions;
Technical
Evaluation
The Purchaser shall examine the Bid to confirm that all terms
and conditions specified 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.
34. Evaluation 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.
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;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB Sub-Clause ;
(c) price adjustment due to discounts offered in accordance
with ITB Sub-Clause ;
(d) adjustment for nonconformities in accordance with ITB
Sub-Clause .
(e) adjustments due to the application of the evaluation
Section I. Instruction to Bidders (ITB) 20
criteria set out in Section III, Evaluation and
Qualification Criteria;
The Purchaser’s evaluation of a bid will exclude and not take
into account any allowance 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.
35. Comparison of
Bids
The Purchaser shall compare all substantially responsive bids
to determine the lowest-evaluated bid, in accordance with
ITB Clause 34.
36. Qualification
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, Evaluation and
Qualification Criteria. Their participation should be
Section I. Instruction to Bidders (ITB) 21
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.
37. Purchaser’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
38. Award
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.
39. Purchaser’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 terms and conditions of the bid and the
Bidding Documents.
40. Notification 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) 22
summary of the scope of the contract awarded.
41. Signing 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.
42. Performance
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 II. Bidding Data Sheet (BDS) 23
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 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
Section II. Bidding Data Sheet (BDS) 24
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:
(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;
(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
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.
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) 25
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
(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:
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) 26
(i) “corrupt practice” is the offering, giving, 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.
For the contracts financed by Government own funds: please use the
Section II. Bidding Data Sheet (BDS) 27
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.
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)
Section II. Bidding Data Sheet (BDS) 28
ZIP Code: (insert postal (ZIP) code)
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”)
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)
Section II. Bidding Data Sheet (BDS) 29
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)
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)
Time: (insert time, and identify if . or ., . 10:30 .)
ITB The bid opening shall take place at:
Section II. Bidding Data Sheet (BDS) 30
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 31
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
Economic Criteria
Multiple Contracts
Criteria
Financial Criteria
Experience Criteria
Supply Capacity
Litigation History
Section III. Evaluation and Qualification Criteria 32
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
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
Section III. Evaluation and Qualification Criteria 33
a vehicle instead of radial-ply as specified. The cost of making good any 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:
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 specified in the Special
Section III. Evaluation and Qualification Criteria 34
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 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 35
(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 36
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.
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
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.
Section III. Evaluation and Qualification Criteria 37
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 IV. Bidding Forms 38
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 39
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
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 40
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)
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 41
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);
(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);
(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);
(d) The discounts offered and the methodology for their application are:
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)
(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;
(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;
(g) We, including any subcontractors or suppliers for any part of the contract, have
nationality from ________________; (insert the nationality of the Bidder, including
Section IV. Bidding Forms 42
that of all parties that comprise the Bidder, if the Bidder is a JV, and the nationality
each subcontractor and supplier)
(h) We have no conflict of interest in accordance with ITB Sub-Clause ;
(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 ;
(j) We are not a state-owned entity / We are a state-owned entity but meet the
requirements of ITB Sub-Clause ;10
(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 Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
(k) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a
formal contract is prepared and executed.
(l) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive.
(m) We agree to permit (select the World Bank or ADB or Government Authorities) or its
representative to inspect our accounts and records and other documents relating to the
bid submission and to have them audited by auditors appointed by (select the World
Bank or ADB or Government Authorities).
Signed: ________________
(insert signature of person whose name and capacity are shown)
In the capacity of ________________
10 Use one of the two options as appropriate.
Section IV. Bidding Forms 43
(insert legal capacity of person signing the Bid Submission Form)
Name: ________________
(insert complete name of person signing the Bid Submission Form)
Duly authorized to sign the bid for and on behalf of: ________________
(insert complete name of Bidder)
Official Seal of Bidder:
Dated on ________ day of ________________, ________ (insert date of signing)
Section IV Bidding Forms 44
Bid Schedule Forms
(The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List
of Goods and Related Services specified by the Purchaser in the Schedule of Requirements.)
Section IV Bidding Forms 45
Section IV Bidding Forms 46
Price Schedule of Goods
Date:_________________________
NCB No: _____________________
Alternative No: ________________
Page N ___________ of ________
1 2 3 4 5 6 7
Line
Item
N
Description of
Goods
Quantity and
Physical Unit
Unit
Price
EXW
Total EXW
Price Per
Line Item
(Col. 34)
Sales and Other
Taxes &
Impositions Per
Line Item
Total Price Per Line Item
Including Taxes & Impositions
(Col. 5+6)
Total Price
Name of Bidder (insert complete name of Bidder)
Signature of Bidder (signature of person signing the Bid)
Date (insert date; official seal)
Section IV. Bidding Form 47
Price Schedule of Related Services
Date:_________________________
NCB No: _____________________
Alternative No: ________________
Page N ___________ of ________
1 2 3 4 5 6
Service
N
Description of Services (includes
transportation, insurance, and other
related services required to convey the
goods to their final destination)
Country of
Origin
Quantity and Unit of
Measurement
Unit Price Total Price
Per Item
(Col. 4*5)
1 Transportation and insurance
2 Related service
Total Price
Name of Bidder (insert complete name of Bidder)
Signature of Bidder (signature of person signing the Bid)
Date (insert date; official seal)
Section IV. Bidding Form 48
Bid Security (Bank Guarantee)
[The bank that issues Bid Security shall present the Bank Guarantee in the Form in
accordance with the instructions indicated below and issue such a Bank Guarantee under the
official letterhead and with the official reference number of the issuing bank.]
________________________________
(Bank’s Name, and Address of Issuing Branch or Office)
Beneficiary: ________________ (Purchaser’s Name and Address)
Date: ________________
BID GUARANTEE No.: ________________
This Guarantee is hereby issued to serve as a Bid Security of ________________ (insert
Bidder’s name) (here
