Section 3: Evaluation and Qualification Criteria 3-1

Section 3: Evaluation and Qualification

Criteria
- Without Prequalification -

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 32 and ITB 36, no other methods, criteria and factors shall be
used. The Bidder shall provide all the information requested in the forms included in Section 4
(Bidding Forms).

Table of Criteria

1. Evaluation ................................................................................................... 3-2

1.1 Adequacy of Technical Proposal ...................................................................................... 3-2
1.2 Completion Time ............................................................................................................... 3-2
1.3 Technical Alternatives ....................................................................................................... 3-2
1.4 Specialist Subcontractors ................................................................................................. 3-2
1.5 Quantifiable Nonconformities and Ommissions ............................................................... 3-2
1.6 Domestic Preference ........................................................................................................ 3-2
1.7 Currency Coversion for Turnover and Specific Experience Evaluation ............................ 3-2
1.8 Multiple Contracts under the Project ................................................................................. 3-3
1.9 Joint Venture Participation ................................................................................................. 3-4
2. Qualification ................................................................................................ 3-3
2.1 Eligibility .......................................................................................................................... 3-5
2.1.1 Nationality ................................................................................................................ 3-5
2.1.2 Conflict of Interest .................................................................................................... 3-5
2.1.3 ADB Eligibility .......................................................................................................... 3-5
2.1.4 Government-Owned Enterprise ............................................................................... 3-5
2.1.5 United Nations Eligibility .......................................................................................... 3-5

2.2 Historical Contract Nonperformance ............................................................................ 3-5

2.2.1 History of Nonperforming Contracts ........................................................................ 3-6
2.2.2 Suspension Based on Bid-Securing Declaration .................................................... 3-6
2.2.3 Pending Litigation and Arbitration ........................................................................... 3-6

2.3 Financial Situation .......................................................................................................... 3-7

2.3.1 Historical Financial Performance ............................................................................. 3-7
2.3.2 Average Annual Construction Turnover .................................................................. 3-7
2.3.3 Financial Resources ................................................................................................ 3-7

2.4 Construction Experience ............................................................................................... 3-9

2.4.1 Contracts of Similar Size and Nature ...................................................................... 3-8
2.4.2 Construction Experience in Key Activities ............................................................... 3-9

Contract DS-2: Improvement of the Dhaka (Katchpur)-Sylhet National Highway including structures
3-2 Section 3: Evaluation and Qualification Criteria

1. Evaluation
In addition to the criteria listed in ITB 37.2 (a)–(f), other relevant factors are as follows:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's
technical capacity to mobilize for the contract consistent with its proposal regarding work
methods, scheduling, and material sourcing in sufficient detail and fully in accordance
with the requirements stipulated in Section 6 (Employer's Requirements).
Non-compliance with equipment and personnel requirements described in Section 6
(Employer’s Requirements) shall not normally be a ground for bid rejection and such
non-compliance will be subject to clarification during bid evaluation and prior to contract
award.
1.2 Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as
follows:
Not Applicable

1.3 Technical Alternatives

Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows:
Not Applicable

1.4 Specialist Subcontractors

Only the specific experience of Specialist Subcontractors for key activities specified in
criterion 2.4.2 Construction Experience in Key Activities will be considered. The experience
of Specialist Subcontractors in contracts of similar size and nature, and their financial
resources shall not be added to those of the Bidder for purposes of qualification of the
Bidder.

1.5 Adjustment for missing or non-confirming item:

Pursuant to ITB 31.3, the Bid Price shall be adjusted for evaluation and comparison only to
refect the price of a missing or non-conforming item:

To reflect the price of a missing item, the Employer shall adjust the Bid Price in accordance
with ITB 37.2 (e) by applying the “average quoted rate” of other Bidders or the rate in the
Engineer’s Estimate for the missing item, whichever is higher. Such adjustment of Bid Price
shall be done for evaluation and comparison purpose only without prejudice to the provision
of ITB 14.2.

Negative unit rate or amount in the BOQ is forbidden unless the item or amount refers to a
deduction item. The Bid which includes negative unit rate or amount in the BOQ shall be
rejected.

1.6 Domestic Preference

If domestic preference is provided for under ITB 36.1, the following procedure shall
apply:
Not Applicable

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Section 3: Evaluation and Qualification Criteria 3-3

1.7 Currency Conversion for Construction Turnover and Specific Experience Evaluation

The Contractor’s Construction Turnover and Specific Experience expressed in various

currencies will be converted into a single currency i.e. USD ($), for bid evaluation purposes.
The source of exchange rate shall be selling rates of Bangladesh Bank or if not available
the selling rate of central bank of the Bidder’s country on the dates as mentioned below:

(a) For the Annual Construction Turn Over: the exchange rate for currency conversion shall
be on the last available day of each period reported
(b) For the Contract of Similar Size and Nature: the exchange rate for conversion into USD
shall be on the day of entering into the contract.

1.8 Multiple Contracts under the Project

Pursuant to ITB 37.4, to award a Single Bidder multiple contracts resulting from multiple
Lots (DS-1, DS-2) under this Package (WP-1), the Employer shall evaluate and compare
Bids on the basis of a contract, or a combination of contracts, or as a total of contracts in
order to arrive at the least-cost combination for the Employer by taking into account
discounts offered by Bidders in case of award of multiple contracts

The detailed evaluation procedure is as follows:

(a) First, the qualification of each bidder shall be evaluated separately for each individual
lot (DS-1 and DS-2) for which the Bidder has submitted the substantially responsive
Bid.
(b) Any already awarded contract of other Packages under this Project (including WP-2,
3, 4, 5 or 6) shall be considered in evaluating the Bidder’s capacity in meeting
requirements under this Package (WP-1), whether the bidder submits only one or
several otherwise successful (lowest evaluated substantially responsive) Bids under
this Package.
(c) Evaluation and comparison of “Price” Bids shall be done in accordance with ITB 37.2
(a) to (g) for each of the Lots invited under this Package for which a bidder has
submitted substantially responsive bid(s) and determined to meet the qualification
requirements.
(d) If a Bidder as defined in ITB4.1 submits successful (lowest evaluated substantially
responsive) bids for both contracts (Lots) under this Package (WP-1), the evaluation of
such a bidder for assessing its capacity to fulfil the following aggregated minimum
requirement of the both Lots under this Package shall be done:

 Average annual construction turnover,

 Financial resources,
 Equipment to be allocated, and
 Personnel to be fielded.

(e) After the bidder is determined to meet the qualification requirements for more than one lot, the
Employer will evaluate and compare Price Bids on the basis of a lot, or a combination of lots
in order to arrive at the least cost combination which determines the lowest total cost for all the
Lots under this Package.

1.9 Joint Venture Participation

Throughout the bidding documents, including under Section 1, Section 2, Section 3, and
Section 4, the expressions “Joint Venture” shall have the same meaning as stipulated in
PCC Sub-Clause 1.1.6.3; “JV Undertaking” as stipulated in PCC Sub-Clause 1.1.6.4.

Similarly, in the context of PCC Sub-Clause 1.14, the word “leader” is synonymous with the
words “lead partner” and with “Lead Partner”; the word “member” is synonymous with
“partner” and with “Partner”; and the word “members” is synonymous with “partners” and
with “Partners”.

Contract DS-2: Improvement of the Dhaka (Katchpur)-Sylhet National Highway including structures
3-4 Section 3: Evaluation and Qualification Criteria

1.10 Other Criteria

The Employer will take into account the quality of the Health and Safety COVID -19 Plan
(‘the Plan’) attached to the Technical Proposal in its evaluation of the Adequacy of the
Technical Proposal.

 The bidder should demonstrate in the Plan the health and safety measures they will
put in place on site in relation to COVID-19 prevention and controls, including but not
limited to, PPE requirements, site set up, training, induction and mobilization of new
personnel, equipment and plants cleaning and other hazard management measures
while undertaking site work activities, site visitors health and safety protocols, as well
as the approach to the monitoring and reporting of the Plan. The Plan should be fit for
purpose for the particular construction works of this contract and be aligned with any
relevant government regulations and guidelines on COVID-19 prevention and
controls, as well as workplace safety requirements, or in the absence thereof, to
international good practice guidelines, such as World Health Organization. 2020.
Considerations for public health and social measures in the workplace in the context
of COVID-19. Geneva. Available here: https://www.who.int/publications-
detail/considerations-for-public-health-and-social-measures-in-the-workplace-in-the-
context-of-covid-19. Also refer to ADB SDCC’s advisory in relation to COVID-19 health
and safety and international good practices.

Note: Evaluation guidance – the Employer should evaluate the adequacy of technical
responsiveness of the COVID-19 Health and Safety Management Plan in accordance with
their country specific requirement and local regulations on COVID-19 H&S prevention and
controls, and/or international good practices that are listed as the basis of evaluation in the
bidding document. EA should seek support from the Engineer/PMC/H&S consultant in
reviewing the plan if they do not have in-house expertise. “

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Section 3: Evaluation and Qualification Criteria 3-5

2. Qualification

2.1 Eligibility

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners
Entity Each Partner One Partner Requirements
Combined

2.1.1 Nationality
Nationality in accordance with Must meet Must meet Must meet Not Forms
requirement requirement requirement applicable
ITB 4.2. ELI - 1; ELI - 2
with attachments

2.1.2 Conflict of Interest

No conflicts of interest in Must meet Must meet Must meet Not Letter of Technical
requirement requirement requirement applicable Bid
accordance with ITB 4.3.

2.1.3 ADB Eligibility

Not having been declared Must meet Must meet Must meet Not Letter of Technical
requirement requirement requirement applicable Bid
ineligible by ADB, as described
in ITB 4.4.

2.1.4 Government-Owned Entity

Bidder required to meet Must meet Must meet Must meet Not Forms ELI - 1; ELI -
requirement requirement requirement applicable 2
conditions of ITB 4.5.
with attachments

2.1.5 United Nations Eligibility

Not having been excluded by an Must meet Must meet Must meet Not Letter of Technical
requirement requirement requirement applicable Bid
act of compliance with a United
Nations Security Council
resolution in accordance with
ITB 4.8.

2.2 Historical Contract Nonperformance

2.2.1 History of Nonperforming Contracts

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners Each One
Entity Requirements
Combined Partner Partner

Contract DS-2: Improvement of the Dhaka (Katchpur)-Sylhet National Highway including structures
3-6 Section 3: Evaluation and Qualification Criteria

Non-performance of a contracta Must meet Must meet Must meet N/A Form CON-1
requirement requirement requirement b
did not occur as a result of
contractor’s default since 1
January 2017

a Non-performance, as decided by the Employer, shall include all contracts where (i) nonperformance was not challenged by
the contractor, including through referral to the dispute resolution mechanism under the respective contract; and (ii) contracts
that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where the
Employer’s decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information
on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution
mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
b This requirement also applies to contracts executed by the Bidder as Joint Venture member.

2.2.2 Suspension Based on Execution of Bid-Securing Declaration

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
equirement All Partners Each One
Entity Requirements
Combined Partner Partner

Not under suspension based on Must meet Must meet Must meet Not Letter of Technical
requirement requirement requirement applicable Bid
execution of a Bid-Securing
Declaration pursuant to ITB 4.6.

2.2.3 Pending Litigation and Arbitration

Pending litigation and arbitration criterion shall not apply.

Contract DS-2: Improvement of the existing Dhaka (Katchpur)-Sylhet National Highway including structures
 Section 3: Evaluation and Qualification Criteria 3-7

2.3 Financial Situation

2.3.1 Historical Financial Performance

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners
Each Partner One Partner Requirements
Combined

Submission of audited Must meet Not Must meet Not Form FIN - 1
financial statements or, if not requirement applicable requirement applicable with
required by the law of the attachments
Bidder’s country, other
financial statements
acceptable to the Employer,
for the last Five (5) years to
demonstrate the current
soundness of the Bidder’s
financial position. As a
minimum, the Bidder’s net
worth for the last year
calculated as the difference
between total assets and total
liabilities should be positive.

2.3.2 Average Annual Construction Turnover

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners
Entity Each Partner One Partner Requirements
Combined
Minimum Average Annual Must Must meet Must meet Must meet Form FIN - 2
Construction turnover of USD 91 meet requirement 25% 40%
million (Ninety One million) requirem
ent of the of the
calculated as total certified requirement requirement
payments received for contracts in
progress or completed, within the
last Five (5) Fiscal Years.

2.3.3 Financial Resources

Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners
Entity Each Partner One Partner Requirements
Combined
For Single Entities Must meet Not Not Not Form FIN – 3 and
requirement applicable applicable applicable Form FIN – 4
The Bidder must demonstrate that its
financial resources defined in FIN - 3,
less its financial obligations for its
current contract commitments defined
in FIN - 4, meet or exceed the total
requirement for the Subject Contract
of USD 11 million (Eleven million)

Contract DS-2: Improvement of the Dhaka (Katchpur)-Sylhet National Highway including structures
 3-8 Section 3: Evaluation and Qualification Criteria

For Joint Ventures Not Not Not Must meet Form FIN – 3 and
applicable applicable applicable requirement Form FIN – 4
(1) One partner must demonstrate
that its financial resources
defined in FIN - 3, less its
financial obligations for its own
current contract commitments
defined in FIN - 4, meet or
exceed its required share of USD
4.4 million (Four point four
million) from the total requirement
for the Subject Contract.

AND
(2) Each partner must demonstrate Not Not Must meet Not Form FIN – 3 and
that its financial resources applicable applicable requirement applicable Form FIN – 4
defined in FIN - 3, less its
financial obligations for its own
current contract commitments
defined in FIN - 4, meet or
exceed its required share of USD
2.75 million (Two point seven
five million) from the total
requirement for the Subject
Contract.

AND
(3) The Joint Venture must Not Must meet Not Not Form FIN – 3 and
demonstrate that the combined applicable requirement applicable applicable Form FIN – 4
financial resources of all partners
defined in FIN - 3, less all the
partners’ total financial
obligations for the current
contract commitments defined in
FIN - 4, meet or exceed the total
requirement for the Subject
Contract of USD 11 million
(Eleven million)

Contract DS-2: Improvement of the existing Dhaka (Katchpur)-Sylhet National Highway including structures
Section 3: Evaluation and Qualification Criteria 3-9

2.4 Construction Experience

2.4.1 Contracts of Similar Size and Nature

Criteria Compliance Requirements Documents

Joint Venture
All Submission
Requirement Single Entity Each One
Partners Requirements
Partner Partner
Combined
Participation as a Contractor, Must meet Not Must meet Must Form EXP – 1
Joint Venture Partner or requirement applicable 25% of meet
Subcontractor, in at least one requireme requirem
nt Completion or
contract that has been ent
for Value of Taking over
successfully or substantially
Bidder’s certificate from the
completed within the last
Participation Employer or the
seven (7) years from the date
Engineer
of IFB and that is similar to the
indicating
proposed works, where the
employer/engineer
Value of the Bidder’s
name, contractor
participation exceeds USD
[For the name, contract
146 million (One hundred
purpose of name, value and
forty six million). For the similarity, completion time
purpose of similarity with the Contract (or percentage of
proposed work, the above shall partial completion)
Contract shall include the be to demonstrate
following: Construction compliance with
of Asphalt the requirement. In
01. At least 15 km minimum 4 Concrete case documents
Flexible
Lane Highway construction/ are not available in
Pavement
re-construction/ rehabilitation English, an
for
with the use of Polymer English notarized
a 2-lane
Modified Bitumen or higher Highway / version duly
quality bitumen Bridge certified by
(with certified translator
approach should be
02. Total length of construction
provided
of at least 450m of Bridge/ Roads)]
Flyover/Interchange/ Drainage
structures.

If the above stated contract is

executed by a Joint Venture,
the Value of Bidder’s
Participation shall be taken as
Contract Amount multiplied by
Bidder’s share in the JV.

An on-going Work which has

been completed by more than
80% of the Accepted Contract
Price (or of the Revised
Contract Price if a VO is
approved) by the date of IFB
shall be considered as
substantially completed.

Contract DS-2: Improvement of the Dhaka (Katchpur)-Sylhet National Highway including structures
3-10 Section 3: Evaluation and Qualification Criteria

2.4.2 Construction Experience in Key Activities

May be complied with by the Bidder or by Specialist Subcontractor. If Specialist Subcontractors

are proposed by the Bidder for key activities, each Specialist Subcontract must have experience
in related key activity as a single entity.

If the key activity is to be undertaken by a Specialist Subcontractor, the Employer shall require
evidence of the subcontracting agreement from the Bidder.

Criteria Compliance Requirements Documents

Single Entity or Joint Venture
Its Specialist or Its Specialist Submission
Requirement Subcontractors Subcontractors Requirements
For the above or other Must meet Must meet Form EXP – 2
contracts executed during requirement requirement
the period stipulated in
If the key activities were
2.4.1, a minimum
completed by the Bidder,
construction experience is
Completion or Taking
required in the following key
over certificate and /or
activities:
certified paid IPCs from
the Employer or the
a) Earthwork in road Engineer shall be
/railway embankment submitted to demonstrate
minimum 350,000 m3 in a compliance with the
single contract requirement. If the key
activities were completed
by a subcontractor,
b) Asphalt Concrete
Completion or Taking
(Polymer Modified Bitumen
over certificate from the
or higher quality) minimum
Employer/the Engineer
18,000 m3 in a single
and a subcontracting
contract
agreement shall be
submitted to demonstrate
c) Aggregate Base Course compliance of the
minimum 45,000 m3 in a subcontractor with the
single contract requirement. In both
cases, supporting
documents shall indicate
d) Pile in bridge/flyover
the contract / sub-contract
foundation minimum 700
name, value, description
nos. in a single contract
of works and completion
. time." In case documents
e) PC girder minimum 3250 are not available in
metre in a single contract English, an English
notarized version dully
certified by certified
f) Rigid Pavement (concrete translator should be
pavement) minimum 1520 provided.
m3 in a single contract

Contract DS-2: Improvement of the existing Dhaka (Katchpur)-Sylhet National Highway including structures