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    18 views132 pages

    IFB - Construction of 300m Heavy Duty Revetment at Albion Estate

    Uploaded by

    p12_miller7777

    Copyright:

    © All Rights Reserved
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    STANDARD BIDDING DOCUMENT (SBD) GOVERNMENT OF GUYANA GUYANA SUGAR CORPORATION INC. (Guysuco) LI Estate, La Bonne Intention, East Coast Demerara, Guyana, South America “ie er i (Construction of 300m Heavy Duty Revetment at Aion Estate ~ ott and Lot 2 Lot l= 158m (136m Chesney Submersible Pump and 22m Chesney ‘Outfal Sluice) Lot 142m (76mm Auch #2 and #3 Submersible Pump and PROCUREMENT OF WORKS Value: G$15 million and above (August, 2021) 1 Introduction “These Standard Bidding Documents (SBD) have been prepared by the National Procurement and Tender Administration Board (NPTAB) for use by all Procuring Entities forthe procurement of works in accordance with the relevant subscetions of the Procuremen' Act 2003, Chapier 73:05. The procedures ind methods presented in this document have been developed on the basis of practical experience and are mandatory for use in the procurement carried out in whole or in part from the state funds in accordance ‘with the provisions of the Procurement Law. In the preparation of the bidding documents For each individual procurement, the SBD groups the provisions that are intended to be ‘used unchanged in “the Instructions to Bidders", “the General Conditions of Conteact” and “The Evaluation Criteria", unless ‘written approval is granted by the NPTAB, ata and provisions specific to each procurement should be included in the Bid Data Sheet, the Special Conditions of the Contract, Technical Specifications (including any dawings and plans) and Bill of Quantities. The standard applicabl: forms are listed in the table of conten and inthe relevant sections herein, For additional information on this SBD, please contac: NPTAB Telephone number: 592-223-7042 pla. procurement finance. gov.gy CONTENTS Invitation for bids (IPB) Instructions to bidders (ITB) Bid datasheet (BDS) General conditions of contract 4acey Spocial conditions of contract 4scc) Drawings Bill of quantities and table of -consumable materials “Technical specifiations “Qualification information Sample forms Form of Bid 2 Form of Contract, Work (der and Seulement 3. Form of Bid Security Form of Performance Security 5. Form of Guarantee for ‘Advance Payment 6 Latter of Acceptance 7. Power of allomey for signing the bid 45 46 ™ 8 100 INVITATION FOR BIDS (IFB) Guyana Sugar Corporation Ine. [GUYSUCO] hereinatter referred to as “the Employer". invites eligible bidders to submit ther bids for execution of Construction of 300m Heavy Duty Revetment at Albion Bstate- Lot t and Lot 2 Lot I - 158m (136m Chesney Submersible Pump and 22m Chesney Outfall Sluice) Lot 2- 142m (76m Anchorville #1, #2 and #3 Submersible Pump and 66m Nigg Pemp) Station) Avan estimated budget of Lot 1 $36,976,939.00GYD Lov 2-$33,859,178.006YD Interested bidders may peruse the bid document athe procuring entity, prior to the purchase 1 complete set of the bidding documents upon the payment of a non-refundable fee in the amount of: ‘Two Thousand Guyana Dollars (52,000.00) at the following address: The Secretary. Engineering Services, Agriculture Serves Department, GuySuCo, LLBI Estate. La Bonne Intention, East Coast Demerara. Guyana, South America ‘Telephone Numbers: LBI Estate: 220-2891 -2894n on Downloaded from wivw-guysuco.com fee of charge ‘A compulsory site meeting will be held at dhe proposed site on 09 September, 2021, at (09:00 hours. Meeting place isthe Administration Building at Atbion Est Al bidders should submit their bids together withthe bid sceurity forthe amount specified in the BDS not later than 09:00 hours on Tuesday. 21” of September, 2021, atthe address below: ‘The Chairman, [National Procurement and Tender Administration Board ry of Finance '& Unyulart Streets, Georgetown, All ate bids will be rejected and returned to bidders unopened 5. Bids should be valid for 90 days trom the date of bid opening, 6. Bids will be opened by the National Procurement and Tender Administration (NPTA) inthe presence of bidders’ representatives who wish (o attend at 09:00 hours on Tuesday, 21° of September, 2021, at the address: The Chairman, National Procurem ‘Administration Board. Ministry of Finance, Main & Urquhart Streets, George ‘or may request a video Tink from npta.preurementpfinane gov oven. Lae ull name: Manager of Procaring entiy INSTRUCTIONS TO BIDDERS (ITB) A. Introduction Ma Scope of works and Source of Funuls The Employer as defined in Seetion If “Bidding Data Sheet” (BDS). invites bids for Works as deseribed in the BDS and Special Conditions of Contraet (SCC). The name of the Contact is provided in the IDS and the SCC. 13 24 ‘The successful Bidder shall complete the Works by the Intended Completion Date specified in the BDS. “Throughout these Bidding Documents: (@) the tem i proof ofr writing” means communicated in wile form (e.g. by mail, e-mail) with (6) ifthe context so requires, “singular” means “plural” and viee vers; nd (©) “day” means calendar day, Eligible Bidders This Invitation for Bids is open to all contractors from any couniry unless prohibited by the Procurement Act, 2003, chapter 73:05 ‘A bidder may be a sole proprietor. joint venture or other legal emity with formal intent to cenler info an agreement oF to operate under an existing agreement in the form of & Partnership. Government and municipal enterprises may only participate if they are financially ‘autonomous and legally eligible vo carry on busines. Bidders should not have a conflict of interests, should not be associated (nor have been associated inthe past), directly or indirectly, with any firm or any of is afiites that has bbeen engaged by the Employer to provide consulting services at preparation stage of the bidding documents, technical specifications, project and other documents to be used for procurement of works in accordance with this Invitation for Bids oF being proposed as Engineer under this Contract AA Bidder or any affiliate that has been engaged by the Employer to perfonm consulting services at preparation stage of the bidding and other documents shall not be entitled to participate in bidding, and iF conflict of inerests is found, the bid shall be rejected. Bidders should provide information on legal status. place of registration and principal type (of business; a license to execute the specified works and validity period. and a written power 6 28 3. Qualiicat 34 33 cof atlomey ofthe signatory ofthe bid to assume obligations an behalf of the Bidders ‘The bidder must not be insolvent. bankrupt. their property must not be eontrolled by judicial authority their eases must not be commanded by court o by the person appointed by court, their commercial activities must not be suspended. and they must not be a subject of such Judicial proceedings: "The bidder should fulfil is tax and National Insurance Seheme obligations in Guyana of the Bidder All bidders shall provide in Sootion IV. “Form of Bid, Qualification Information, Leter of Acceplance. and Agreement.” a preliminary description of the proposed work method and schedule, including drawings and chars, as necessary In the event that prequalifcation of potential bidders has been undertaken. only bids from prc= {qualified bidders shall be considered for award of Contract, These pre-qualified bidders should submit with their bids any information updating their original prequalifeation applications or, alternatively, confirm in their bids that the originally submitted prequalification information remains essentially correct as ofthe date of bid submission. The update or confirmation should be provided in Seetion IV. I the Employer has not undertaken prequaliication of potential bidders, all bidders shall include the following information and documents with their bids as stipulated in the SCC oF cothervise stated in the BS; (@) copies of original documents detining the constitution oF legal status. place of reistrtion, and principal place of business of the Bidder; written power of alomey ofthe signatory ofthe Bid to commit the Bidder: (6) total monetary value of construction works performed for each of the last three (3) years: (©) experience in works ofa similar nature and size for each ofthe last three (3) years. and details of work under way or contractually committed; and clients who may be contacted for further infomation on those contracts: (2) msjor items of constrvtion equipment proposed to carry out the Contract: (©) provision of qualification and experience of key personne forthe Contract () audited financial statements for the previous accounting period for incorporated companies while eyisored businossos must provide balance shoots profit and lose accounts. and income and expenditure account fo the past three years; (@) evidence of adequacy of working capital for this Contact whereby the bidder must provide a bank statement or LINE of credit from a bank of an insurance eompany Ticensed by the Bank of Guyana (b) authority to seek references from the Bidders bank(s) oF Insurance company: (information regarding any litigation, current or during the lst three (3) years. in ‘whieh the Bidder was/is involved. the parties concerned, an the disputed amounts and awards; list alt ongoing project(s): Name of project. value. date of aw completion as per contract, percentage completed t date original date of 3a shall not be taken into account in determining the unless otherwise stated in the BDS. ubcontractors" experienses and resou Bidder’s compliance with the qualilying cri 3.5 To qualify tor award of the Contract, bidders should meet the qualifying evteria set Forth in the Evaluation Criteria 4. One Bid per Bidder ‘h Bidder shall submit only one Bid, either individually or asa partner in a partnership oF syndicate, All bids involving the Bidder who submits or participates in more than one Bid (exclusive of subcontractors or permitted or required alternatives) shall be rejected from participation in bidding, 5. Cost of Bidding ‘The Bidder shall ber all costs associated withthe preparation and submission of the bid. The mplayer shall not be responsible or liable for those costs Visit “The Bidder, at the Bidder’s own responsibility and visk, may visit and examine the Site of expected Works and its surroundings. All information oblained by the Contractor individually while visiting the site, may be used by him to prepare the bid and enter into the Contract. The costs of visiting the Site shall be at the bidder's own expense, The bid submission means thatthe Bidder has examined the Site of future Works and has aecepted all the existing conditions, B, List of documents included in the bidding documents 7. Content of Bidding Documents 7.1. The set of bidding documents includes the Following: (2) Invitation fer Bid (b) _ Instruetionsto Bidders (ITB): (b) Bid Data Sheet (BDS): (6) General Conditions of Contract (GCC) (@)__ Special Contitions of Contract (SCC): (¢) Form of Bid (3) Drawings. (h) Bill of Quantities: i) Technical Specifications Form of Contract: (k) Form of Bid Security: (Form of Performance Security: (m) Form of Bank Guarantee lor Advanee Payment: (n) Form of Power of Auomey for signing the bid, fo) Statement of On-going Projects Form {p)_Envieonmental and Social Management Forms (@) Evaluation Criteria 72 The Bidder shall examine all instructions. Forms. conditions and technical specifications incorporated in the bidding documents. Failure 1 previde all information required in the bidding documents o submission of a non-responsive bid may result in sejection of his bid 8. Clarification of Bidding Documents 8.1 The Bidder requiring any clarification ofthe bidding documents may address the Employer atthe adress indicated in the Bid Dana Sheet in writing oF electronic messaging, The Employer will ‘espond in writing to any request for claritin ofthe bidding documents to be received not later than 7 (seven) days prior tothe deadline or submission of bids. Copies of response, ineluding an explanation of matters substance. but without identifying its soure, will be forwarded by the Employer in writing o all bidders who received the bidding documents within 3 (hee) working days, 8.2 A mandatory Pre-bid conference will be conducted by the Employer atthe time, date and address indicated in the Bic! Data Sheet. Before the conference, Bidders may address the Employer with ‘questions forthe conference. and atthe conference may ask any question and receive answer to the questions submitted regarding the bidding documents. All information obiained at pre-bid conference, requests of potenlial bidders related fo clarification of the bidding documents. and responses fo them, shall be recorded by the Employer. and by he resuls of conference. «record is ‘made and promptly communicated to all Bidders who received the bidding documents in order to enable bidders to lake them into account wien preparing their bids. 9. Amendment of Bidding Documents 9.1 In special circumstances, at any time before expity of the deadline for submission of bids. the Employer. for any reason, whether a its own initiative or in response to request for clarification forwarded by the Bidder, may modify the bidding documents by issuing addenda to it Any auddenda issued shall be a part ofthe Bidding documents and should be sent to all bidders who received the bidding documents from the Employer, which may be done by using mail or electronic mai. Bidders should confirm the receipt of each addendum in writing oF by mil or electronic mail, and these addenda shall be binding. 92. In order to give Bidders preparing their bids, the bids uh time to tke into account the amendments introduced while ployer. at his discretion. may extend the deadline for submission of C. Preparation of Bid 10.Language of Bid fd to this Bid that e speeified inthe 11, Documents Included in the Bid ‘The Bid prepared ty the Bidder should include the following documents (@) filled in and signed Form of Bid: (©) Priced Bill of Quantities and Priced lst of consumable materials; (©) Bid Security provided in accordance with ITB Clause 15; (@) General Cendtions of Contract and Special Conditions oF C (©) Technical Specifietions used for the execution ofthe Works; (Alternative offers (atthe Employer's request) (@) other documents to be liled in by bidders in accordance with the requirements indicated in she Bid Dara Shee and the Evaluation Criteria (8) Power ofatomey for signing the Bid, (specimen from provided] 12, Bid Price 12.1 The Contract is applicable to the whole amount of Works listed in priced Bill of Quantities and list of priced consumable material prie presented by the Bidder in its bid. ‘The Bidder shall indicate the rates and prices for all kind of works ineluded in the Bill of ‘Quantities, drawings and specifications. The kinds of works for which no rate and price is centered by the Bidcer will not be paid for when executed, and itis considered that they are included inthe rates and prices for other kinds of works. 12.3. When determining the bid pric, the Bidder shall take into aecount the total value of labour, ‘materials, plant, instruments, water, heal, electric power, transportation, machinery and equipment, and other services which are required during and for completion of the construction works 124 All duties, taxes, and other levies payable by the Contractor under the eurent legislation of ‘Guyana should be include in the bid price. 13. Bid Curreney “The Bidder shall submit all documents on mutual settlements and shall indicate the bid price in Guyana Dollars 15, 153 Isa 5s 186 [Bids shall be valid for ninety (90) days aller the date of bid opening. Bids with shorter validity period shoule be rejected by the Employer as non-responsive to the bidding documents In exceptional circumstances. the Employer may request bidders 1 extend the period of validity oftheir bids fora certain period, Such requests and responses to them shall be made in ‘writing and may be sent by electronic mal. A Bidder may refuse the request on extension of the poriod of validity of his bid, without forfeiting the return of security. A Bidder agrecing to ‘the request will not be requited nor permitted to modity the bid, but wil be required to extend the validity of bid security fora period of not less than 2 (two) weeks after the expiry of the extended period of bid vali Bid Security The Bidder sould provide, as part of his bid, che bid security in the amount and form specified in the Bid Data Sheet witha validity period of not less than fourteen (1) days after the expiry of ‘the period of bid validity. The Bid Security shall be an original of the document. The Bid security should be expressed in the bid curreney, or in another freely convertible coureney, and shall be a bank guarantee issued by a bank located ia Guyana or by local correspondent bank in ease when the security i issued by a forign bank, or from an insurance ‘company licensed by the Bank of Guyena Al bids not having a sccurty shall be rejosted by the Employer as non-responsive to the bidding documents. ‘The bid secusty shall be retumed to unsuccessful Bidders as soon as possible bul not later than {ileen (15) days upon the expiry ofthe bid validity period, or afer furnishing the performance security by surcessl bidder. ‘The successfil Bidder shall recive the bid security afer the signing of Contract and aller fumishing te performance security (in the ease when requited). ‘The Bid security may be forfeited: (a) ifthe Bidder: (1) withdraws his bid afler the opening. during the period of bid validiy specified in his bid: 2) does not agroe with the correction of arthmetieal errors in his bid, (b) incase ofthe Contrat awarded to Bidder i this Bidder fils: (1) twsign the Contract onthe terms and conditions specified in his bid 16 6. 163 164 . Alternative offers at the request of the Employer ‘The Employer may request in the Solicitation Documents for bid submission taking into account altemative conditions. In this ease all requirements of the bidding. documents a applied to altemative offers to that extent as well as to primary offers. The altemative offers shall not be considered, unless allowed or required inthe bidding documents If s0 allowed by she Bid Duta Sher, the bidders wishing o submit the bids (aking into account te alternative conditions must also submit the bids that comply with the requirements of the bidding documents, including the basic technical features a indicated in the drawings and specifications, in addition 10 submiting the primary Bid, the Bidders shall provide all information necessary fora complete evaluation f the allemalive conditions by the Employer. including design caleuations, technical specifications, breakdown of prices, proposed ‘construction methods and other relevant details Only the altematives of Bidder who submitted the lowest evaluated Bid in accordance with the basic requirements of the bidding documents shall be considered by the Employer, The Bidder. in his Bid, shall indicate the primary price of works to be executed. in accordance with the requirements of the bidding documents, and individually the price of works to be executed using the alternative offer. Format and Signing of Bid 17.1 The Bidder shal submit = 172 173 + Submit one (1) original (in paper) and 2 eleetronie copies (Nash drive only) with an exact PDF version of the paper tender (I isthe responsibility ofthe bidder to ensure that the PDF file is acessible and readable and isan exaet copy ofthe orixial.) + Ensure the envelopes of the original (in paper) and the 2 electronic copies are identically labelled, + ‘The 2 electronic copies (Nash drive) should be placed in a smaller envelope and properly affixed tothe original paper submission, The original ofthe bid shall be prepared in indelible ink and shall be signed by the Bidder or by 1 person (persons) having all authorities to sign the bid and obligations under the Contract. Permission to sign the bid should be specified inthe power ofatlomey to be provided with the bid. All payes ofthe bid where new information, change or erasure inserted should ke initialed (signed) by the person or persons signing the bid. ‘The bd shall coniain no interincations. erasures or overwriting, exclusive of the eases when the Bidder needs to correct errs which should be initialed by the person or persons signing the bid 1D. Submision of Bids 20, Scaling and Marking of Envelopes with Bids The Bidder shall seal the original and each copy of the bid in separate envelopes. dulyt ‘marking the cavelapes as “ORIGINAL” and “COPY.” The envelopes shall then be an outer envelope, ‘The inner envelopes shall bear the name, address and contact number ofthe bidder. The outer envelopes shall: (2) Be addressed to The Chairman, National Procurement and Tender Administration Board, Ministry of Finance, Main & Urquhart Strcets, Georgetown, (©) Bear the nme ofthe project, Construction of 300m Heavy Duty Revetment at Albion Esiate - Lot | & Lot2 and the words "DO NOT OPEN BEFORE" 09:00 hours on Tuesday, 21" of September, 2021. If the outer envelepe isnot sealed and marked as required by ITB Clause 18.3. the Employer will assume no responsibility forthe bid's misplacement or premature opi Bidder must submit valid ceriieaes of compliance from Guyana Revente Authority (GRA) and National Insurance Scheme (NIS),and VAT registration (where applicuble) Deadline for Submission of Bids Bids must be received by the Employer atthe address and on the time and date specified in the Bid Dena Shee postpone the deadline for submission of bids for later ying the bidding documents, and in this case the vaiity period ofall rights ‘and obligations of the Employer and the Bidders shall be extended subject to the changed deadline date Late Bids All bids received by the Employer aller the deadline for submission of bids specified by the Employer shall be rejecied and returned to Bidder unopened. Moai sation and Withdrawal of Bids ‘The Bidder may modify or withdraw his bid aller the bid submission. provided that the Employer will resive a written notice of modification or withdrawal of the bid before the expity of determined deadline for submission of bids, duly signed by an authorized representative. and accompanied by a copy othe authorization. 13 24 E. Opening and Eval 2, 2A 25 2B 2 22 ‘The Bidder's modification or withdrawal novice should be prepared. sealed. marked, and sent in accordance with the provisions of ITB Clause 18. In this ease the ouler and inner envelopes shall be additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate. withdrawal notice may also be sent as email with a subsequent written ‘confirmation not later than the deadline for submission of bis. [No changes should be added in the bids aller the expiry of the period determined for bid submission NNo bid may be withdravn or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity indicated by the Bidder on the Bid Form, Withdrawal of the bid during this imerval may result in the Bidders forfeiture of security, in accordance with ITB Cause 15.6 1 of Bids Opening of Bids by Employer The Employer will open all bids in the presence of bidders" representatives who wish to tend it atthe time, on the date, and atthe address spociied in the Bid Dats Sheet. The bidders’ representatives who are present shall signa register evidencing thei altendance. ‘The envelopes marked as “WITHDRAWAL" and “MODIFICATION” will be opened frst and read out. In this ease the bids for which a withdrawal notice has been sent in aecordance with Clause 21, the envelopes shall be returned to Bidders unopened ‘The bidders” names, the Bid prices, including alternatives (iFallematives are permitied), price reduction specified in the Bidder’ bid, information on the presence or absence of required Bid Security, information on the presence (absence) of NIS and GRA compliances will be announced at the opening. No bid may be rejceted in the bid opening. exelusive of the late bids which should be returned to Bidder unopened. Bids (and modifications sent pursuant to ITB Clause 21.2) that have not been opened and read out at the opening shall not be accepted for further evaluation, irespective of circumstance. ‘The Employer shall maintain the minutes of Bid opening which should include information to be isclosed to those who are present and to be promptly sen to the Authorized State Procurement Body. Confidentiality Observance and Contacting the Employer Information relating to the examination, evaluation and comparison of bids. and recommendations for the award of a Contract shall not be diselased to other persons interested inthis process until information en the award of the Contract would have been given to all Bidders, No Bidder shall contact the Employer on any matter related to his bid from the date of bid 233 253 234 ‘opening and until the date of contract award, Any effort on the part of any Bidder to influence the Employer's decision on the bid ‘evaluation, bid comparison, or the Contract award may result inthe rejection of this Bidders Bid, (Clarification of Bids During the bid evaluation. the Employer may. at his discretion, request the Bidder to give clarifications on hs Bid. The request for clarification and the response should be given in ‘writing. and in thisease no change in the price or substance of the bid shall be sought offered. or permitted, exclusive of the eases when required to correct arithmetical errors discovered by the Employer during the evaluation of bids in accordance with ITB Clause 26 Protiminary examination of Bids Prior to the detailed evaluation of bids. the Employer will examine the bids in order to determine whether they meet the eligibility criteria; whether there isa bid security. whether the dacumenis have been propery signed: whether they are substantially responsive to the equitements ofthe bidding documents. A substantially responsive bid is one which satisfies all the above provisions without a material ‘deviation, reservation or omission, material Uevialivn reservation or omission is one (8) which afeets in any substantial way the scope, quality, or performance of the Works: (b) which limits in any. substantial way, inconsistent with the Bid Solicitation Documents the Employer's tights othe Bidder's obligations under the Contract; or (©) whose recification would affect unfurly the competitive position of other bidders presenting substantially responsive bids. Material Deviation are, for example, such important provisions as the bid security, bidders’ ‘qualification information, and effect on the scope, quality, or performance of the works, taxes ‘and insurance paymenis. Determination by the Employer of each bid's deyree of responsiveness to those requirements should be based on the content ofthe bid itself without ‘reference to any additional sources. ‘The Employer may waive any minor nonconformity, small mistake or inaceuracy in the bid \hieh is nat 2 material deviation from the requirements ofthe bidding documents. and such rnon-conformity or inaccuracy shall not influence the evaluation of the bid. When the minor ‘missions do aff the evaluation of the bid (e.g. costs to the Employer. or other aspects of the required performanee). the minor deviations should be quantified in monetary terms. with corresponding adjstments (o the bid price (only forthe purposes of comparing bids) {fhe bid is not substantially responsive to dhe quaifiation requirement, it shall be rejected by the Employer, and may not be subsequently accepted as responsive afler inclusion of appropriate corrections made by the Bidder. 6, 26.1 Corree of Arithmetical Errors in Bids Bids determined to be substantially responsive will be checked by the Employer for any arithmetical errors. Errors will be comreted by the Employer as follows (0) when there is diserepaney between the valuc expressed in figures and words, the value in words shall yoveen: and (b) when there is @ discrepancy between the unit rate and the (otal resulting from multiplying the unit rate by the quantity. the uit rate will govern, unless in the opnion ‘of the Employer. there is obviously uross misplaeement of the decimal (ration in this ‘ase the total will govern and the unit rate will be eorected, ‘The value indicated in the bid. by the Bidder’s consent, will be adjusted by the Employer in accordance with the above-staied rules of correction of erors, and must be accepted by the Bidder. If the Bidder dees not aceept the correced bid price, the Bid shall be rejected, and the bid security may be forfeited in aecordance with Clause 15.6 Evaluation and Comparison of Bids ‘The Employer will evaluate and compare only the bids determined to be substanially responsive tothe requirements ofthe bidding documents in accordance with Clause 25. When evaluating the bids, the Employer will determine for each Bid, the Evaluated Bid Price by adjusting the Bid Price as follows (@) Correction of arithmetical errors pursuant to Clause 26; (b) Exclusion of provisional sums and costs for contingencies pursuant to the Bill of Quantities: The Employer reserves the right to acceptor reject any variation, deviation, or alternative afer, Variations, deviations, and allemative offers and other factors which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benelits for the [Employer wil not be taken into account in bid evaluation, F. Award of Contrast 28.1 29, 2.1 30 301 303 Award Criteria Exclusive ofthe eases provided for in Clause 29. che Employer will award the Contract the Bidder whose bid is de'ermined tobe substantially responsive tothe bidding documens, and ‘who offered the Lowest Evaluated Bid Price, provided that this Bidder has been determined to be (a) eligible in accordance with Clause 2 and (b) met with qualification requirements in accordance with Clause 3 Employer's Right (o ccept any Bid and Reject any oF All Bids ‘The Employer reserves the right accept oF reject any’ oF all bids at any time peor to the acceptance of a bid without incuring any liability towards contractors or suppliers tha. have submited bids. The employer shall upon request communicate to any supplier oF contractor thal submitted a bid the gromds For its rejection ofall bids but is not required to justly those tgrounds, Notice of Rejection of bids shall be given promptly to all suppliers and contactors that submited bids Notification of Award Within 14 days after the conducted selection of the successful Bidder and belore the expiry of | the period of bid validiy. the Empfoyer will notity the successful Bidder by email and iter confirmed by liter that his bid has been determined to be successful. This letter (hercinafier and in we General Conditions of Contract» called wthe Lelier of Aceeplance») should refer to the sum that the Employer shall pay 10 the Contracior for execution of the Woiks in accordance with the Contract (hereinafter and in the Contract called uthe Contract Price, At the same time that notification of award is given to the successful bidder, the Employer shall notify other bidders in writing of the selection, including the name of the successil bidder and the bid price. The Employer shall also publish on @ notice board or website the fname and address ofthe sucessful bidder and the contract price. Unsuccessful bidders may request in writing (0 the Employer a debriefing secking explanations forthe flue of their bids. The Employer shall prompily respond in wrt ny to any unsuccessful Bidder who requests the Employer in writing to explain the grownls on hich its bid was not selected, Signing of Contract The Employer will send to the successful Bidder. the Form of Contract contained in the Bid Solicitation Documents. During seven (7) days of the reccip of a written Notice of acceptance and the Form of Contact. the successtid Bidder should sign and date the Contract, and return it tthe Employer. 32, Performance Security 32:1 Together with the signed Contract the suecessfil Bidder will send to the Employer, the Performance Securiy in the amount indicated in th Bid Dat Sheet 32.2 Ifthe successful Bidder fails to provide the performance security. or during 7 (seven) days does rot return the Contact signed. then the Employer shall reject the bid and confiscate the bid security, i that ease the Employer shall award the Contract fo the next lowest evaluated Bidder. whose bid is substantially responsive and is determined by the Employer to be qualified to perform the Contret satisfactorily. subject to the Employer's right to reject all bids in accordance with Clause 29. and the applicable Law and Regulations. 33. Advance Payment and Security 33.1 The Employer shall provide an Advance Payment on the Contract Price as stipulated in the GCC, subject to maximum amount. as stated in the BDS. The Advance Payment shall be ‘guaranteed by a Seourty 34. Corrupt and Fraudulent Practices 341 The Employer requires that the Bidders observe the highest standards of ethies during the procurement and exccution of such Contracts. In pursuance ofthis policy. dhe Employer: (2) for the purposes of provisions ofthis Clause, uses the Following notions: 1 Scorrup: practice” - means the offering, giving. ecciving or soliciting directly or indireedy of anything of value to influence improperly the actions of another party. 11, “ffauduient practice” - means any act or omission including mistepresentation that knowingly misleads or attempts to mislead a person to obtain financial oF other benefit or to avoid an obligation. Im “collusive practice” means an arrangement between two or more persons, designed to achieve an improper purpose including influencing improperly the actions of another person, IV, “evercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly any person oF the property of any person to influcnee the actions a the other person. (b) will eject the bid iit determines tat the Bidder recommended for award ofthe Contract has engaged in corrupt, fraudulent, collusive or coercive practices during the bidding process or execution of a contract {e) shall refer he contractor tothe Public Procurement Commission in accordance with the provisions ofthe Procurement (Suspension and Debarment) Regulations 2019 38, 38 36. Procedures for administrative review of compl 36.1 362 363 364 365 366 367 368 A penalty for slow oF non-performance will be imposed as per the rate presribed for Liquidaled Damages. Slow perZormance or non-porformance will be assessed against the project's approved work programme and will commence from the First quater of the project Tie, (Note: This means that afler 10°% of the contact sum is deducted for penalties, the Procuring nity has the right to cancel the contract and demand all forms of damages). Complaints and Protests is and protests ‘Any potential or actual bidder, supplier. contractor. or a consultant wha claims, have suered oF may Safer, loss or damage due to a breach of duly imposed on a procurement entity by the Procurement Act 2003 and the Procurement Regulations 2004, including any_ subsidiary Jegislation, may complain oF protest n accordance with folowing procedures: A complaint or protest shall not be entertained and sll be rejected inte Following cases; 8) a dcision by the procuring entity to reject all bid, or quotations oF proposals b) a complaint or protest submitted later than 7 working days from the date the complainant became aware or should have become aware of the cireumstances leading t0 the ‘complain or protest. IF a contact has not yet been signed, the complaint or protest shall in the frst instance be submitted to the concerned procuring entity viz. ministy, region or dsriet head within 7 working. days ofthe complainant becoming aware ofthe eitcumstances leading tthe complaint protest. The Procurement eniy shall give a decison within $ working days of meciving the complain, IF the complainant is NOT satstcd with the decision of the enti or does NOT reecive any response within the Gime specified, he’she may appeal the decision tothe Bid Protest Commie within thee working days of receiving or failing to receive within the presribed period, the response from the en Ia procurement contract has already been signed, the complain/protest may be submited direct {o the Bid Protest Committe within 7 working das ofthe date on which the complainant Became ‘ware or should have become awate ofthe circumstances leading to the complaint or protest. Simultaneously 8 copy ofthe complain protest shall be sent othe Procuring entity. “The appeal or complaints submitted lo the Bid Protest Committe stall be accompanied by a registration fee equivalent fo 2% of the aetal or estimated value of the procurement. subject Ihoweverto a maximum of GS 2 milion, ‘The Bid Protest Commitee shall review the complaint oF profes in consultation with the procurement entity and may. » 9 ® ° reject the complainy/protestgiving reasons for is do

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