a2 PPROVED BY NPA ICTAD/SBD/03 VOLUME 1 (for Bidding purposes) * Section 1 - Instructions to Bidders © Section 2 - Standard Forms (Contract) * Section 3 - Conditions of Contract of STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS MINOR CONTRACTS ICTAD/SBD/03 Second Edition - January 2007 Institute for Construction Training and Development (ICTAD)Section -1 INSTRUCTIONS TO BIDDERS (ITB) Notes: Instructions to Bidders shall be read in conjunction with the Section 5 ~ Schedule given in Volume 2, which shall take precedence over Instruction to Bidders. Instructions to Bidders will not be a part of the Contract and will cease to have effect once the Contract is signed, Bidders are advised to consider the information printed in blue colour in the document as a checklist, when preparing their bids. However, it is the responsibility of the bidders to comply with all the requirements given in the bidding document.TABLE OF CLAU: INSTRUCTIONS TO BIDDERS A. General, 9 D. Submission of Bids.13 1 Scope of Bid, 9 19. Sealing and Marking of Bids, (3 2. Source of Funds, 9 20. Deadline for Submission of Bids, 13 3. Bthies, Fraud and Corruption, 9 21. Late Bids, 19 4. Eligibility and Qualification of the Bidder, 9 5. One Bid per Bidder, 9 6. Cost of Bidding, 10 E. Bid Opening & Evaluation,r4 B. Bidding Documents,10 22. Bid Opening. 14 23. Process to be Confidential, 14 8. Content of Bidding Documents, 10 24, Clarification of Bids. 17 9. Clarification of Bidding Documents, 19 | 25. Examination of Bids and Determination 10, Amendment of Bidding Documents, 11 of Responsiveness, /4 26. Correction of Errors, /3 27. Evaluation and Comparison of Bids, 15 * C. Preparation of Bids,11 F. Award of Contract. 11. Language of Bid, 17 28. Award of Criteria, 16 12. Documents Comprising the Bid, 17 29. Employer's Right to Accept any Bid and to 13. Bid Prices, 17 Reject any or all Bids, 16 14. Currency of Bid and Payment, 12 30. Award and Signing of Agreement, 16 15. Period of validity Bids, 12 31. Performance Security. 16 16. Bid Security and Bid Securing 32. Advance Payment & Security, 17 Declaration, 12 33. Adjudicator. 17 17, Pre-Bid Meeting, 13 18. Format and Signing of Bid, 13MINOR CONTRACTS (CTAB ISDS) Scetion 1 ~ Instructions ta Bidders Instructions to Bidders A General si = Employer,’ as named in the Schedule, invites bids for the hk oreia construction of Works as summarized in the Schedule; * Successful bidder will be expected to complete the Works within the Intended Completion Date stated in the Schedule; = Intended Completion Date shall be calculated from the Start Date, 2. Source of Funds — Works will be financed by the source given in the Schedule. 3. Ethics, Fraud The attention of the bidders is drawn to the following guidelines of the and Corruption Procurement Guidelines published by National Procurement Agency: * Parties associated with procurement actions, namely, suppliers/contractors and officials shall ensure that they maintain strict confidentiality throughout the process; * Officials shall refrain from receiving any personal gain from any Procurement Action. No gifts or inducement shall be accepted. Suppliers/contractors are liable to be disqualified from the bidding process if found offering any gift or inducement which may have an effect of influencing a decision or impairing the objectivity of an official. The attention of the bidders is also drawn to the Sub-Clause 11.1 of the Conditions of Contract (Section 3) which shall apply to any bidder. * The bidder shall not be a blacklisted contractor at the time of bidding and at the time of award of contract. * For domestic bidders, to qualify for the contract award the successfil bidder should have been registered and hold a valid registration from _-the deadline for submission of bids until the expiry of the original i validity ‘of the bid, with the Institute for Construction Trait (1 ‘nt (ICTAD), under the grade and speciality given in the \ EO litgn for Bids/Section 4 - Qualifieation Information; °F -Aliidders shall provide, the information requested in the Seetion 4- Form of Bid and Qualification Information * To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria if given in Section 4 - Form of Bid and Qualification Information. All bidders shall meet (any other) requirement given in the Schedule, 5. One Bid per A bidder shall submit only one bid. * Bidder "Words appearing in bold inthe tex of these ITB subsclauses ure defined in Clause I.(Daftions) ofthe Section 3 Conditions of Coma 9 ‘SECOND EDITION, JANUARY 2007 Trait Tor Construction Training and Development (1CTAD)MINOR CONTRACTS UCTADISHD:S) Seotion |= Instructions to Bidders 6. Costof Bidding * ‘Bidder shall bear alll costs associated with the preparation and submission of its bid; * Employer will in no case be responsible of liable for those costs, regardless of the conduct or outcome of the bidding process. 7. Site Visit ‘The bidder, at the bidder’s own responsibility and risk is encouraged : = to visit and examine the Site, and its surroundings where the Works are to be executed; * to obtain all information that may be necessary for preparing the bid and entering into a Contract for construction of the Works; + Costs of visiting the Site shall be at the bidder's own expense B. Bidding Documents 8. Content of Bidding documents consists of two volumes stated below and shall be read Bidding in conjunction with any addenda issued in accordance with Clause 10: Documents Volume 1 - * Section | ~ Instructions to Bidders * Section 2- Standard Forms (Contract) * Section 3 - Conditions of Contract Volume 2 * Invitation for Bids = Section 4 — Form of Bid and Qualification Information * Section 5~ Schedule *= Section 6 ~ Specifications * Section 7— Bills of Quantities Sectidn 8 ~ Drawings ( [OSM standard Forms (Bid) 9. Clarification of |—_—_* A bidder requiring any clarification of the bidding documents shall Bidding contact the Employer in writing or facsimile at the Employer's Documents address indicated in the Invitation for Bids; ‘+ Employer will respond in writing to any such request for clarification received no later than seven (7) Days prior to the deadline for submission of bids; * Copies of Employer's resporise will be forwarded to all purchasers of the bidding documents, including a description of the inguiry but ‘without identifying its source. 10 ‘SECOND EDITION, JANUARY 2007 Institue Tor Construction Training and Development ((CTAD)MINOR CONTRACTS UCTAD/SEDS) Section 1 Instructions ta Riders 10. Amendment of * At any time prior to the deadline for submission of bids, the Bidding Employer may amend the bidding documents by issuing addenda:, Documents * Any addendum thus issued shall be part of the bidding documents: * Any addendum shall be communicate all purchasers of the bidding documents. 2 oF by facsimile to C. Preparation of Bids 11. Language of Bid ‘The bid as well as all correspondence and documents relating to the bid exchanged by the bidder and the Employer, shall be written in English language. 12. Documents The bid submitted by the bidder shall comprise the following: Comprising the Bid (A) Enclosed in the envelope marked as “Original” (a). Duly filled and signed Form of Bid and Qualification Information (in the format indicated in Section 4), (b). Bid Security or Bid-Securing Declaration as specified (c). Section 5 - Schedule; (d). Section 6 - Specifications; (e). Section 7 - Priced Bills of Quant (9. Section 8 - Drawings; (g). Any other information required to be completed and submitted by bidders as specified in the Schedule, (B)_ Enclosed in the envelope marked as “Copy” (a) Duly filled and signed Form of Bid and Qualification Information (in the format indicated in Scetion 4); ~(b) Section 7- Priced Bills of Quantities. Contract shall be for the whole Works, summarized in the (ik Seheduie, and based on the priced Bills of Quantities; 13. Bid Prices “e-Fhe bidder shall fill-in rates and prices for all described in the Bills of Quantities; ms of the Works = Items for which no rate or price is entered by the bidder will not be paid for by the Employer when exccuted and shall be deemed covered by the other rates and prices in the Bills of Quantities; = All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 14 Days prior to the deadline for submission of bids, shall be included in the rates, prices, and total Bid price submitted by the bidder; u SECOND EDITION, JANUARY 2007 Tila Tor Construction Training and Development {ICTAD)MINOR CONTRACTS ACTADISHDNS) Seation 1 —Insirwetiuns wo Biers * VAT shall not be included in the rates or pries but shall be shown separately at the space provided in the BOQ; * Prices'shall be adjusted for fluctuations in the cost of inputs only if provided for in the Schedule; = If'so provided, the amounts certified in each payment certificate, after deducting for Advance Payment, shall be adjusted in accordance with Sub-Clause 10.10 of Conditions of Contract and by using either Option A or Option B stated in the Schedule. 14, Currency of Bid Prices shall be quoted by the bidder entirely in Sri Lanka Rupees. and Payment 15. Period of Bids shall remain valid for the period stipulated in the Invitation for Validity of Bids Bids after the date of bid submission specified in Clause 20: + A bid valid fora shorter period shall be rejected by the Employer: = In exceptional circumstances, prior to expiry of the period of validity of bids, the Employer may request that the bidders extend the period of validity for a specified additional period; = A bidder may refuse the request; "A bidder agreeing to the request will not be required or permitied to modify its bid, but will be required to extend the validity of its bid security for the period of the extension and in compliance with Clause 16 in all response, 16. Bid Security and © The Bidder shall furnish as part of its Bid, a bid security or a bid-securing Bid-Securing declaration as specified in the Schedule in the format given in the Declaration Section 9. * The bid security shall be in the amount specified in the Schedule and shall be valid until the date specified in the Schedule, from an agency 2A > AAYOBid not accompanied by a substantially responsive bid security or bid-segtring declaration in accordance with this clause, shall be rejected ~by-thé Employer. = The bid security or the bid-securing declaration of unsuccessful bidders shall be returned promptly upon the successful bidder furnishing the performance security * The bid security may be forfeited or the bid-securing declaration executed: (a) if'a bidder withdraws its bid during the period of bid validity specified by the bidder on the Form of Bid; or 12 SECOND EDITION, JANUARY 2007 Tistnte for Construction Training and Development (CTAD)MINOR CONTRACTS (ICTAD/SBD05) Seotion 1 Instructions ta Bidders (b) if the bidder does not accept the correction of its bid price pursuant to ITB Sub-Clause 26. (©) © if the successful bidder fails within the specified time to: (@ sign the Contract; or Gi) furnish the required. performance security . 17, Pre-Bid Meeting The bidders designated representative is invited to attend a pre-bid meeting which, if convened and informed to the bidders, will take place at the venue and time stipulated, 18, Format and * The bidder shall prepare one original of the documents comprising the Signing of Bid bid as described in Clause 12 and clearly marked “ORIGINAL”; = In addition, the bidder shall submit one copy of the bid, clearly marked as “COPY”; * In the event of discrepancy between them, the original shall prevail; * The original and the copy of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the bidder. © The bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid. D. Submission of Bids 19, Sealing and * The bidder shall seal the original and the copy of the bid in two inner Marking of Bids separate envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPY*; Fhe inner and outer envelopes shall: (a) be addressed to the Employer at the address provided in the TAN Uvitation for Bids; (AD (b) Bear the name and identification number of the Contract in ~~" accordance with Clause 1; and (©) provide a warning not to open before the specified time and date for bid opening as defined in the Clause 22. * In addition to the identification required above, the inner envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared late. 20. Deadline for Bids shall be delivered to the Employer at the address specified above no Submission of later than the time and date specified in the Invitation for Bids. Bids 13 ‘SECOND EDITION, JANUARY 2007 Taste Tor Construction Training and Development (ICTAD)MINOR CONTRACTS (ICTADSSBD/S) Section { ~ Insructions to Bidders 21, Late Bids Any bid received by the Employer after the deadline for submission of bids will be returned unopened to the bidder. E. Bid Opening and Evaluation 22. Bid Opening * The Employer will open the bids, in the presence of the bidders” representatives who, choose to altend at the time and in the place specified in the Invitation for Bids; + The envelope marked as “Original” will be opened, If no envelope is marked as “Original” the Employer may open one or more envelopes; The bidders’ names, the bid prices, the total amount of each bid, any discounts, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening; ‘The Employer shall reseal all the opened envelopes in the presence of the bidders representatives. + No bid shall be rejected at bid opening except for late bids. 23, Process tobe information relating to the examination, clarification, evaluation, and Confidential ‘comparison of bids and recommendations for the award of a Contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced, 24, Clarification of * To assist in the examination, evaluation, and comparison of bids, the Bids Employer may, at the Employer's discretion, ask any bidder for clarification of the bidder’s bid, including breakdowns of prices; * The request for clarification and the response shall be in writing. 25, Examination of = Prior to the detailed evaluation of bids, the Employer will determine Bids and whether each bid: Determination of a sas pe Riepisaivenese (a). meets the eligibility criteria; it) thas been properly signed: and (©)/As substantially responsive to the requirements of the bidding documents, * A substantially responsive bid is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation; + A material deviation or reservation is one: (@), which affects in any substantial way the scope, quality, or performance of the Works; 14 ‘SECOND EDITION, ANUARY 3007 ‘nsttite Tor Construction Training and Development (1CTAD)MINOR CONTRACTS (ICTADSUDMS) Seetion | — Instructions to Bidders (b). which limits in any substantial way, inconsistent with the bidding documents, the Employer's rights or the bidder's obligations under the Contract; or (©). whosé rectification would affect unfairly the competitive position of other bidders presenting substantially responsive Bids. = If'a bid is not substantially responsive: (a). it will be rejected by the Employer: (b). and may not subsequently be made responsive by correction of withdrawal of the nonconforming deviation or reservation, 26. Correction of * Bids determined to be substantially responsive will be checked by Errors the Employer for any arithmetic errors; * Errors will be corrected by the Employer as follows: (a) where there is discrepancy between the amounts in figures and in words, the amount in words will govern; (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the ion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which, case the line item total as quoted will govern, and the unit rate will be corrected; ©), the bid price changes by the above procedure, the amount stated in the Form of Bid shall be adjusted with the concurrence of the bidder and shall be considered as binding upon the bidder; (@)_ if the bidder does not accept the corrected amount of bid, its bid shall be rejected and the bid security may be forfeited (ot bid-seouring, declaration executed in accordance with \ ina 16. (i (ee 0 ) 27. Evaluation and . ‘Employe er will evaluate and compare only the bids determined to be Comparison of x sul ly responsive; Bids + In evaluating the bids, Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows (a) making any correction for errors; (b) excluding the provision, ifany, for contingencies; (©) making an appropriate adjustment for any other acceptable variations or deviations; and is ‘SECOND EDITION, JANUARY 2007 Taste or Construction Training and Development (1CTAD)MINOR CONTRACTS GCTADISBDAS) Section | ~ Instructions to Bidders 4 (d)_ making appropriate adjustments to reflect discounts offered + The Employer reserves the right to accept or reject any variation or deviation. = Examination for unbalanced bids; If the Employer determines that the bid is unbalanced and hence the bidder may fail in the performance of his obligations in some items within the quoted rate: performance security as determined by the Employer may ‘to mitigate such risks F. Award of Contract 28, Award Criteria Subject to Clause 29, Employer will award the Contract to the bidder whose bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid Price. provided that such bidder has been determined to be: (a) eligible in accordance with the provisions of Clause 3: and (b) qualified in accordance with the provisions of Clause 4. 29, Employer's Right to Employer reserves the right to: Accept any Bid and (a) accept or reject any bid: ae any or all (6) cancel the bidding proces (©) reject all bids, at any time prior to the award of Contract, Without thereby incurring any liability to the affected bidder (s). 30. Award and Signing —* Prior to expiration of the bid validity period, the Employer will of Agreement notify the successful bidder that his bid has been accepted. *® This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Initial _--Contract Price”); / iene of award will constitute the formation of the (Ganteact; “~_The Employer shall notify the successful bidder the date, time and venue for the signing of the agreement; " The agreement shall be signed wit Acceptance in 28 Days of the Letter of Within 14 Days after receipt of the Letter of Acceptance. the successful bidder shall deliver to the Employer a Performance Security * toan-amount equivalent to 05% of Initial Contract Price: and * inthe form specified in the Section 2 16 SECOND EDITION, JANUARY 2007 Taste for Construction Training and Development (ICTAD)MINOR CONTRACTS (ICTAD/SBDI3)_ Seotion 1 — Instructions to Bidders 32, Advance Payment and Security 33. Adjudieator ‘SECOND EDITION, JANUARY 2007 Employer will provide an Advance Payment equivalent to 20% of Initial Contract Price, within 7 Days of the Contractor submitting an acceptable guarantee, * The Employer nominates the Institute for Construction Training and Development (ICTAD) as the Adjudicator. If the bidder disagrees with the nomination, the bidder shall state so in the bid, in which event the Employer and the Contractor may reach agreement on the appointment of an Adjudieator by mutual consent within 14 Days from the Letter of Acceptance. = If mutual consent is not reached or resorted to as above then the Adjudicator shall be appointed by the Institute for Construction Training and Development (ICTAD) at the request of either Party, = If a person is appointed as the Adjudicator then he shall not be associated with the project directly or indirectly and he should be in a position to demonstrate impartiality and independence in his functions. " Trstie Tor Consirastion Training and Development (]CTAD)Section -2 STANDARD FORMS (CONTRACT) . Letter of Acceptance = Agreement . Performance Security . Advance Payment Security . Retention Money GuaranteeYOR CONTRACTS (ICTADSBDMS) Section 2 ~ Standard Forms (Contract) Note: The bidders are advised to use the information printed in blue in this volume as a check list when submitting the bid. Failure to non compliance with any of them may be a reason for rejection of the Bid. Notes on Standard Forms: * Bidders shall submit the completed Form of Bid Security/Bid Securing Declaration as appropriate in compliance with the requirements of the bidding documents, Bidders should not complete the Form of Agreement at the time of preparation of bids. The successful bidder will be required to sign the Form of Agreement, after the award of contract. = Any corrections or modifications to the accepied bid resulting from arithmetic corrections, acceptable deviations, or quantity variations in accordance with the requirements of the bidding documems should be incorporated into the Agreement. + The Form of Performance Security, Form of Advance Payment Security and Form of Retention Money Guarantee should not be completed by the bidders au the time of preparation of bids. The successftl bidder will be required to provide these securities in compliance with the requirements herein or as acceptable to the Employer. 21 ‘SECOND EDITION, JANUARY 2007 ining and Development {ICTAD)MINOR CONTRACTS UCTADISBDMS) Section 2 ~ Standard Forms (Contract) Notes on Fort of Letter of Acceptance The Leiter of Acceptance will be the basis for formation of the Contract as described in Clause 30 of the Instructions to Bidders. This Form of Letter of Acceptance should be filed in and sent to the successful bidder only afier evaluation of Bids and afier obtaining approval from the relevant authority. FORM OF LETTER OF ACCEPTANCE [Leuer heading paper of the procuring entity] (name and address of the Contractor] This is to notify you that your bid dated —-—--— insert date] for the construction and remedying defects of the — [name of the Contract and identification number] for the Contract price of —--———--[name of currency’ ]. -[antount in figures and words] as corrected in accordance with Instructions to Bidders and/ or modified by a Memorandum of Understanding’ , is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents, ‘The Start Date shall bs + (fill the date as per Clause 6.1 of Conditions of Contract) ‘The amount of Performance Security is >. (fll as per Clause 44 of Conditions of Contract) ‘The Performance Security shall be submitted on or before .... = (fll the date as per Clause 44 of Conaitions of Comma. f \ Authorized Signature + ( [H9)-} Name and title of Signatory... Name of Ageney : ...s.s.s-seccss000 Uf multiple currencies are involved indicate amounts wnder each enrrency separated with the word ‘and’ benween thens Delete "corrected in accordance with ITB andor " or “andar modified by a Memorandum of Understanding”, (not ‘applicable 2B ‘SECOND EDITION, JANUARY 2007 Tnsliule Tor Construction Training and Development (iCTAD)MINOR CONTRACTS (CTADISRDA3) ‘Section 2 — Standard Forms (Contract) FORM OF AGREEMENT ‘This AGREEMENT made the + [day] OF .o....sse000. [month] 200 ..... [year], between {name and address of Employer] (hereinafter called and re pI one part, and .... [name and address of Comiractor| (hereinafter called and referred to as “the Contractor”), of the other part: WHEREAS the Employer desires that the Contractor execute .. [name and ideraification no of Contract}( hereinafter called and referred to as “the Works) nd the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and remedying of any defects therein ‘The Employer and the Contractor agree as follows:: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract hereinafter referred to, 2. Inconsideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 3. The Employer hereby covenants to pay the Contractor in consideration of the execute and complete the Works and remedy any defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract, In Witness wheteof the parties hereto have caused this Agreement to be executed the day and year aforementioned, in accordance with laws of Sri Lanka. Authorized signature of Contractor Authorized signature of Employer COMMON SEAL COMMON SEAL In the presence of: Witnesses : Il 2. Name and NIC No. . Signature .. Address ... 24 ‘SECOND EDITION, JANUARY 2007 Taslitte for Construction Training and Development (ICTAD)