Instructions to Tenders

Instructions to Tenders

Tender Name: Karadzhalovo Capacity Extension

phase 2

Date: July 7th 2022

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 Instructions to Tenders

Contents
1. Introduction .................................................................................................................................................. 3
2. The Tender Documentation ....................................................................................................................... 3
3. Site Visits ...................................................................................................................................................... 4
4. Preparation of the Tender .......................................................................................................................... 4
5. Submission of the Tender .......................................................................................................................... 4
6. Submission and Opening of the Tender ................................................................................................... 5
7. Tender Evaluation........................................................................................................................................ 5
8. Contract Award ............................................................................................................................................ 5

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 Instructions to Tenders

1. Introduction
1.1 These instruction to Tenderers (“these Instructions”) relates to the Letter of Invitation (“the
Invitation”), in which a prospective tenderer is invited to submit a Tender. The Invitation,
which take precedence over these Instructions (in the case of any discrepancy), specifies the
following:
a) The company or joint venture who is considered eligible and thus invited to
submit a Tender;
b) Details of how to participate in a site visit by the Tenderers if such a site visit is
being arranged in accordance with clause 3 of these Instructions;
c) The time by which Tenders are to be submitted in accordance with Clause 5 of
these Instructions (“Submission of the Tender”); and
d) The time when Tenders are to be opened as described in Clause 6 of these Instructions.

1.2 The Tender Documentation issued to each Tenderer in accordance with the Invitation shall
comprise the following:
a) Email of Invitation to tenderers.
b) These Instructions.
c) Code of conduct questionnaire (pdf document named “April 2022_Code of Conduct and
Questionnaire_EN”)
d) EPC Part A Project Specific Requirements;
e) Layout drawing with the current module’s distribution and pointed where the new
modules will be installed and to which JB will be connected
f) SLD of the power plant
g) PV Syst simulation before and after the extended capacity
h) SCB distribution_22.04.xls – xls sheet with the distribution of the modules at the PV
Plant
i) Associated project documents (topography survey)
j) 220525 Karad extension 2 schedule – schedule of the project

This Tender Documentation is available to download at the link outlined in the Invitation.

1.3 These documents and the Instructions shall not form part of the tenderer’s offer, nor part of
the defined words ‘Tender’ or ‘Contract’. The instruction prescribes the procedure to be
followed until the Employer enter into a Contract with the tenderer or advise her/him that the
Employer does not intend to do so.

1.4 Word and expression defined in the Conditions of Contract shall have the same meaning were
used in these Instructions

1.5 The tenderer shall bear all costs associated with the preparation of the Tender, including the
site visit and other such actions mentioned in these Instructions.

1.6 The Employer shall not be liable for such costs, regardless of the conduct or outcome of the
tendering process. The Employer reserves the right to accept or reject any Tender, or to annul
the tendering process and reject all Tenders without incurring any liability and without being
obliged to inform any tenderer of the reasons for the Employer’s action.

1.7 The Employer reserves the right to amend the structure and timeline of this Tender Process in
its sole discretion giving prior notice to the tenderer.

2. The Tender Documentation

2.1 Тhe Tender shall comply with the Tender Documentation listed in 1.2 above and any
additional addenda issued by the Employer during the Tender Process.

2.2 The tenderer must carefully examine the complete Tender Documentation. Failure to comply
with these Instructions or with any other tendering requirements will be at the tenderer’s risk.

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 Instructions to Tenders

2.3 If the tenderer requires any clarification of the Tender Documentation, he/she may give notice
via email to the Employer’s Representative as provided in the Invitation. The Employer will
respond to the notice by providing a written response to the tenderer’s clarification. The
Employer shall circulate a list of all clarifications and response to all tenderers during the
Tenders Process. For the avoidance of doubt, clarification responses provided by the
Employer shall not constitute an amendment of the Tender Documentation. Clarification
notices received from tenderers less than 1 week from the Tender Submission Date shall be
ignored by the Employer

2.4 If amendments are to be made to the Tender Documentation arising from a clarification
notice or otherwise, the Employer shall issue an Addendum to the Tender Documentation.
Each Addendum shall be issued to all tenderers, who shall acknowledge receipt of same to
the Employer’s Representative.

2.5 At any time, the Employer may similarly issue an Addendum to the Tender Documentation
which amends the Tender Submission Date.

3. Site Visits
3.1 The tenderer is advised to visit and examine the Site, its surroundings, and conditions. The
tenderer must obtain all information which may be necessary for preparing the Tender and
entering a prospective Contract.

3.2 The tenderer and any of his/her personnel or agents will be granted conditional permission to
enter the Site. The permission shall be deemed to have been based upon the tenderer, his/her
agents, personnel indemnify the Employer from and against all liability and upon the tenderer
being responsible for personal injury, loss of or damage to property and any other loss,
damage, costs and expenses (however caused) which would not have arisen other than due
to the exercise of such permission.

3.3 If a joint site visit is to be arranged for all tenderers details are given in the Invitation.

3.4 The Employer shall not be bound by any oral representations which may be made during the
site visit whether by the Employer’s personnel or by agents/advisors working on behalf of the
Employer. Should the Contractor wish to raise a clarification notice following the site visit,
he/she should proceed in accordance with clause 2.3 above.

4. Preparation of the Tender

4.1 The Tender shall be responsive to the requirement of the Tender Documentation and any
Addenda issued by the Employer prior to the Tender Submission Date.

4.2 The Tender shall be written in English in a typed format. Supporting documentation may be
submitted in another language subject to the Contractor providing an appropriate translation
of all of its relevant section in English.

4.3 The tender shall also submit the returnable schedules of the Key Technical Information and
the Price Breakdown precisely in the Excel format. A pdf copy of this information shall also
be included in the Tender.

4.4 The tenderer shall submit a Tender for the whole of the Works as described in the Tender
Documentation and any Addenda issued by the Employer.

5. Submission of the Tender

5.1 The tenderer shall upload 1 softcopy of the Tender to the virtual data room, access to which
will be provided on a later stage after all QAs are responded. The tenderer shall notify the
Employer that the Tender has been uploaded to the data room by sending a signed Letter of
Tender by a duly authorized person via email to the Employer’s Representative as identified in
the Invitation.

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 Instructions to Tenders

5.2 The Tender shall remain valid for a period of 90 days from the Tender Submission Date as
outlined in the Invitation.

5.3 All materials, documents, drawings, specifications and calculation included as part of the
Tender Submission shall become the Property of the Employer from the Tender Submission
Date.

5.4 The tenderer may modify or withdraw the Tender after submitting it, if the modification or
withdrawal notice is received within 5 business days of the Tender Submission Date. The
modification or withdrawal notice shall be signed by a person duly authorized to bind the
tenderer, and proof of authorization shall be annexed to the modification or withdrawal
notice.

6. Submission and Opening of the Tender

6.1 The Employer shall open the Tenders submitting in accordance with these Instructions. The
Employer shall briefly review and examine the Tenders to determine whether they appear to
be complete, compliant, signed and generally in order.

6.2 After the Tender opening, the information relating to the processes of examination,
clarification, evaluation and comparison of the Tenders and award of any contract shall not
be disclosed, other than to those officially concerned with such processes. Any effort by a
tenderer to influence the Employer in these processes may result in rejection of the
tenderer’s Tender.

7. Tender Evaluation
7.1 Tender deadline for proposal submittal from tenderers is July 23rd 2022.

7.2 Prior to the detailed evaluation of the Tenders, the Employer will determine whether each
Tender is substantially responsive to the requirements of the Tender Documentation.

7.3 Tenders not substantially responsive to the requirements of the Tender Documentation will
be rejected by the Employer.

7.4 The Employer will only evaluate and compare the Tenders which have been determined by the
Employer to be substantially responsive to the requirements of the Tender Documentation.

7.5 Where the is any dispute between the Contract Price offered in the Letter of Offer and the
Price Breakdown included in the Tender, the Contract Price in the Letter of Offer shall prevail.

7.6 The evaluation of the Tenders shall be based upon the commercial and objective criteria
devised by the Employer.

8. Contract Award
8.1 The Employer intends (i) to award the Contract to the tenderer who appears to have the
capability and resources to carry out the Contract effectively, whose Tender has been
determined to be responsive to the Tender Documentation and who has offered (all taken in
consideration) the most favorable Tender; or (ii) to reject compliant Tenders and accept an
alternative Tender. The Employer reserves the right to reject any and all Tenders.

8.2 The preferred tenderer(s) may be invited to participate in negotiation meeting(s) with the
Employer. Following these meeting(s), the preferred tenderer(s) may be invited to submit a
Best and Final Offer for the Employer’s evaluation.

8.3 Unsuccessful tenderers shall be notified that their Tenders were not successful in the
process.

8.4 The Employer may provide constructive feedback to a tenderer but is not obliged to do so.
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 Instructions to Tenders

8.5 Following the evaluation of the Best and Final Offers, the Employer shall determine the
preferred tenderer and proceed, in its sole discretion, to Contract Award.

8.6 The contents of these Instructions to Tender are indicative and express current intentions
only. It does not constitute for either Party (Employer or the tenderer) an offer capable of
acceptance. Any binding commitment would be subject to receipt of all necessary internal,
external and regulatory approvals. Until definitive binding documentation is entered into,
nothing in these Instructions to Tender will give rise to any legal rights or obligations by either
Party.