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STANDARD BIDDING DOCUMENTS
UNDER JapanesE ODA LOANS
PROCUREMENT OF WORKS
Japan International Cooperation Agency
(JICA)
October 2012
version 1.1
Preface
These Standard Bidding Documents for Procurement of Works (SBD (Works)) have been prepared by Japan International Cooperation Agency (JICA).
These SBD (Works) are consistent with the Guidelines for Procurement under Japanese ODA Loans, April 2012 and their use is required for civil works contracts to be financed, in whole or in part, by JICA under the aforesaid Guidelines. The use of these SBD (Works) is also encouraged for contracts under the Guidelines for Procurement published in October 1999 or March 2009, as these SBD (Works) reflect recent best practices of public procurement and JICAs policy.
These SBD (Works) are to be used for the procurement of admeasurement (unit price or rate) type of works through International Competitive Bidding (ICB). These SBD (Works) are not suitable for lump sum contracts without substantial changes to the method of payment and price adjustment, and to the Bill of Quantities, Schedules of Activities, and so forth.
The structure and the provisions of these SBD (Works) are harmonized with the Standard Bidding Documents for Procurement of Works of the Multilateral Development Banks, except where specific considerations within JICA have required a change.
If the user has questions regarding the use of these SBD (Works), the appropriate JICAs official should be consulted.
Summary Description
These Standard Bidding Documents for Procurement of Works (SBD (Works)) include both One-Envelope (Option A) and Two-Envelope (Option B) bidding procedures to be chosen by the Employer as appropriate to each circumstance. These SBD (Works) apply either when a prequalification process has taken place before bidding or when a prequalification process has not taken place before bidding (provided alternative documents should be selected as applicable). A brief description of these documents is given below.
SBD for Procurement of Works
Invitation for Bids (IFB)
A form of Invitation for Bids is provided at the beginning of these SBD (Works) for reference.
PART 1 BIDDING PROCEDURES
Option A One-Envelope Bidding (alternative Section I and II to be used for One-Envelope bidding procedure)
Section I: Instructions to Bidders (ITB)
This Section provides relevant information to help Bidders prepare their Bids. Information is also provided on the submission, opening, and evaluation of Bids and on the award of Contracts. Section I contains provisions that are to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that supplement the information or requirements included in Section I, Instructions to Bidders.
Option B Two-Envelope Bidding (alternative Section I and II to be used for Two-Envelope bidding procedure)
Section I: Instructions to Bidders (ITB)
This Section provides relevant information to help Bidders prepare their technical and price Bids. Information is also provided on the submission, opening, and evaluation of Bids and on the award of Contracts. Section I contains provisions that are to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that supplement the information or requirements included in Section I, Instructions to Bidders.
Section III. Evaluation and Qualification Criteria
This Section specifies the criteria to determine the lowest evaluated Bid and the qualifications of the Bidder to perform the contract. Two alternative Sections III, Evaluation and Qualification Criteria are provided to address the possibility of having or not having prequalification of Bidders.
Section IV: Bidding Forms
This Section includes the forms which are to be completed by the Bidder and submitted as part of his Bid.
Section V. Eligible Source Countries of Japanese ODA Loans
This Section contains information regarding eligible source countries under Japanese ODA Loans.
PART 2 WORKS REQUIREMENTS
Section VI. Works Requirements
This Section contains the Specification, the Drawings, and supplementary information that describe the Works to be procured.
PART 3 CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section VII. General Conditions (GC)
This Section contains the general clauses to be applied in all contracts. The text of the clauses in this Section shall not be modified.
Section VIII. Particular Conditions (PC)
This Section consists of Part A, Contract Data, which contains data, and Part B, Specific Provisions, which contains clauses specific to each contract. The contents of this Section supplement the General Conditions and shall be prepared by the Employer.
Section IX: Annex to the Particular Conditions - Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award.
Notes for Users
The use of these Standard Bidding Documents for Procurement of Works (SBD (Works)) published by JICA is required for all civil works contracts to be financed by Japanese ODA Loans.
These SBD (Works) have been prepared as standard documents, which shall be used without suppressing or adding text to the standard sections of the document to be used without modification, which are Section I Instructions to Bidders (Standard ITB) and Section VII General Conditions of Contract (Standard GC). If the ITB and/or GC of the Bidding Documents prepared by the Employer contain modifications from the Standard ITB and/or Standard GC included in these SDB (Works), JICA will not consider them valid and the Standard ITB and/or Standard GC, as defined above, shall apply.
The process of prequalification shall follow the procedure specified in the Standard Prequalification Documents under Japanese ODA Loans, published by JICA. Prequalification is in principle required in advance of bidding for large or complex works. An alternative Section III, Evaluation and Qualification Criteria, is also provided to address the possibility of carrying out the assessment of the qualification criteria at the bidding stage.
All information and data particular to each individual contract and required by the Bidders in order to prepare responsive Bids must be provided by the Employer, prior to issuing the Bidding Documents, in the Bid Data Sheet (Section II), the Evaluation and Qualification Criteria (Section III), the Eligible Source Countries of Japanese ODA Loans (Section V), the Works Requirements (Section VI), the Particular Conditions (Section VIII), and the Annex to the Particular Conditions Contract Forms (Section IX). Unless specifically agreed with JICA, the Particular Conditions shall not materially alter the provisions of the General Conditions of Contract.
The following directions should be observed when using these SBD (Works):
(i) Specific details, such as the name of the Employer, address for Bid submission, etc., should be furnished in the spaces indicated by italicized notes inside brackets.
(ii) The footnotes, boxed notes and italicized notes in these SBD (Works), except those applying to forms to be filled out by Bidders or instructions for the Bidders, are not part of the Bidding Documents, but contain guidelines and instructions for the Employer. Do not incorporate them in the actual Bidding Documents.
(iii) Where alternative Clauses or texts are shown, select those which best suit the particular works and discard the alternative text which is not used.
The time allowed for preparing and submitting Bids should not be too short and should be adequate enough for Bidders to properly study the Bidding Documents, visit the site and prepare complete and responsive Bids.
A form of Invitation for Bids, which is not part of the Bidding Documents, is given below for reference.
BIDDING DOCUMENTS
for
Procurement of
[insert identification of the Works] _______________________________
______________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E m p l o y e r : [ i n s e r t n a m e o f E m p l o y e r ]
C o u n t r y : [ i n s e r t n a m e o f C o u n t r y ]
P r o j e c t : [ i n s e r t n a m e o f P r o j e c t ]
L o a n N o . : [ i n s e r t n u m b e r o f L o a n A g r e e m e n t ]
T a b l e o f C o n t e n t s
T O C \ h \ z \ n \ t " P a r t s , 1 , QW0 2 , 2 , oRL, 3 , oRL2 , 5 " H Y P E R L I N K \ l " _ Toc338683969" Invitation for Bids: Following Prequalification IFB-1
HYPERLINK \l "_Toc338683970" Invitation for Bids: Without Prequalification IFB-1
HYPERLINK \l "_Toc338683971" PART 1 Bidding Procedures
HYPERLINK \l "_Toc338683972" OPTION A: One-Envelope Bidding
HYPERLINK \l "_Toc338683973" Section I. Instructions to Bidders ITB-1
HYPERLINK \l "_Toc338683974" Section II. Bid Data Sheet BDS-1
HYPERLINK \l "_Toc338683975" OPTION B: Two-Envelope Bidding
HYPERLINK \l "_Toc338683976" Section I. Instructions to Bidders ITB-1
HYPERLINK \l "_Toc338683977" Section II. Bid Data Sheet BDS-1
HYPERLINK \l "_Toc338683978" Section III. Evaluation and Qualification Criteria (Following Prequalification) EQC-1
HYPERLINK \l "_Toc338683979" Section III. Evaluation and Qualification Criteria (Without Prequalification) EQC-1
HYPERLINK \l "_Toc338683980" Section IV. Bidding Forms BF-1
HYPERLINK \l "_Toc338683981" Section V. Eligible Source Countries of Japanese ODA Loans ESC-1
HYPERLINK \l "_Toc338683982" PART 2 Works Requirements
HYPERLINK \l "_Toc338683983" Section VI. Works Requirements WR-1
HYPERLINK \l "_Toc338683984" PART 3 Conditions of Contract and Contract Forms
HYPERLINK \l "_Toc338683985" Section VII. General Conditions (GC) GC-1
HYPERLINK \l "_Toc338683986" Section VIII. Particular Conditions (PC) PC-1
HYPERLINK \l "_Toc338683987" Section IX. Annex to the Particular Conditions - Contract Forms CF-1
Invitation for Bids: Following Prequalification
Notes on Invitation for Bids
The Invitation for Bids for contracts, subject to prequalification, is sent only to firms determined by the Employer to be qualified in accordance with the Employers prequalification procedure. This prequalification procedure must be reviewed and commented on by JICA if the potential contract is to be eligible for JICA financing (see the relevant Section of the Guidelines for Procurement under Japanese ODA Loans).
Ideally, the Invitation for Bids is sent to the qualified Bidders at the time that the prequalification results are announced.
For large or complex works, prequalification is in principle required. If prequalification is not used, the appropriate Invitation for Bids form shall be used.
The Invitation for Bids should be consistent with the information contained in Section II - Bid Data Sheet.
Form of Invitation for Bids
Date: [insert date of issuance of IFB]
Loan Agreement No: [insert Loan Agreement number]
IFB No: [insert number of IFB]
1. The [insert name of Borrower] has received1 a loan from Japan International Cooperation Agency (JICA) towards the cost of [insert name of Project]. It is intended that part of the proceeds of this loan will be applied to eligible payments under the contract2 for [insert title of contract].
2. The [insert name of the Employer] now invites sealed Bids from prequalified eligible Bidders for the construction and completion of [insert name of the works] (the Works).
3. Bidding will be conducted through procedures in accordance with the applicable Guidelines for Procurement under Japanese ODA Loans, and is open to all Bidders from eligible source countries, as defined in the Loan Agreement.
4. Prequalified eligible Bidders may obtain further information from and inspect the Bidding Documents at the office of [insert name of appropriate purchasing unit]3 [insert mailing address of appropriate office for inquiry and issuance of Bidding Documents and cable, telex, and/or facsimile numbers].
5. A complete set of Bidding Documents may be purchased by interested prequalified Bidders on the submission of a written application to the address above and upon payment of a non-refundable fee of [insert amount in Borrowers currency or in a convertible currency].4
6. Bids must be delivered to the address above5 on or before [insert time] on [insert date]6 and must be accompanied by a security of [insert fixed sum].
7. Bids will be opened in the presence of Bidders representatives who choose to attend at [insert time and date] at the offices of [insert address of appropriate office].
[Insert name of office]
[Insert name of person in charge officer]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate country and city code]
[Insert facsimile or cable number] [Insert E-mail address]
Notes
1. Substitute has applied for, if appropriate.
2. Substitute contracts where Bids are called concurrently for multiple contracts. Add a new para. 4 and renumber paras 4 - 7 as follows: Bidders may bid for one or several contracts, as further defined in the Bidding Document. Bidders wishing to offer discounts in case they are awarded more than one contract will be allowed to do so, provided those discounts are included in the Letter of Bid.
3. The office for inquiry and issuance of Bidding Documents and that for Bid submission may or may not be the same.
4. The fee, to defray printing and mailing/shipping costs, should be nominal.
5. Substitute the Employers address for Bid submission if different from its address for inquiry and issuance of Bidding Documents.
6. The time allowed for preparation of the Bid submission should be sufficient for Bidders to gather all the information required - preferably sixty (60) days, but in any case not less than forty-five (45) days after the date when the documents are available for distribution or the date of the advertisement, whichever is later. This period may be longer for very large projects, where time should be allowed for the formation of joint ventures and assembly of the necessary resources, and/or scrutiny of the Bidding Documents.
Invitation for Bids: Without Prequalification
Notes on Invitation for Bids
If Bids are invited openly from contractors without using a prequalification procedure, the Invitation for Bids should be issued directly to the public (see the relevant Section of the Guidelines for Procurement under Japanese ODA Loans):
(a) as an advertisement in at least one newspaper of general circulation in the Borrowers country; and
(b) with sending copies of the invitation to JICA.
The Invitation for Bids provides information that enables potential Bidders to decide whether to participate. Apart from a summary description of the works, the Invitation for Bids should also indicate any important Bid evaluation criteria (for example, technical alternatives) or qualification requirement (for example, a requirement for a minimum level of experience in similar works for which the Invitation for Bids is issued).
The Invitation for Bids should be consistent with the information contained in Section II - Bid Data Sheet.
Form of Invitation for Bids
Date: [date of issuance of IFB]
Loan Agreement No: [insert Loan Agreement number]
IFB No: [insert number of Invitation for Bids]
1. The [insert name of Borrower] has received1 a loan from Japan International Cooperation Agency (JICA) towards the cost of [insert name of Project]. It is intended that part of the proceeds of this loan will be applied to eligible payments under the contract2 for [insert title of contract].
2. The [insert name of the Employer] now invites sealed Bids from eligible Bidders for the construction and completion of [insert brief description of the works]3 (the Works).
3. Bidding will be conducted through procedures in accordance with the applicable Guidelines for Procurement under Japanese ODA Loans, and is open to all Bidders from eligible source countries, as defined in the Loan Agreement.
4. Interested eligible Bidders may obtain further information from and inspect the Bidding Documents at the office of [insert name of appropriate purchasing unit]4 [insert mailing address of appropriate office for inquiry and issuance of Bidding Documents and cable, telex, and/or facsimile numbers].
5. A complete set of Bidding Documents may be purchased by interested Bidders on the submission of a written application to the address above and upon payment of a non-refundable fee of [insert amount in Borrowers currency or in a convertible currency].5
6. The provisions in the Instructions to Bidders and in the General Conditions of Contract are the provisions of the Standard Bidding Documents under Japanese ODA Loans for the Procurement of Works.
7. Bids must be delivered to the address above6 on or before [insert time] on [insert date]7 and must be accompanied by a security of [insert fixed sum].
8. Bids will be opened in the presence of Bidders representatives who choose to attend at [insert time and date] at the offices of [insert address of appropriate office].
[Insert name of office]
[Insert name of person in charge officer]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate country and city code]
[Insert facsimile or cable number] [Insert E-mail address]
Notes
1. Substitute has applied for, if appropriate.
2. Substitute contracts where Bids are called concurrently for multiple contracts. Add a new para. 4 and renumber paras 4 - 8 as follows: Bidders may bid for one or several contracts, as further defined in the Bidding Documents. Bidders wishing to offer discounts in case they are awarded more than one contract will be allowed to do so, provided those discounts are included in the Letter of Bid.
3. A brief description of the Works or Goods should be provided, including quantities, location of project, and other information necessary to enable potential Bidders to decide whether or not to respond to the invitation. Bidding Documents may require Bidders to have specialized experience or capabilities; such requirements should also be included in this paragraph.
4. The office for inquiry and issuance of Bidding Documents and that for Bid submission may or may not be the same.
5. The fee, to defray printing and mailing/shipping costs, should be nominal.
6. Substitute the Employers address for Bid submission if different from its address for inquiry and issuance of Bidding Documents.
7. The time allowed for preparation of the Bid submission should be sufficient for Bidders to gather all the information required - preferably sixty (60) days, but in any case not less than forty-five (45) days after the date when the documents are available for distribution or the date of the advertisement, whichever is later. This period may be longer for very large projects, where time should be allowed for the formation of joint ventures and assembly of the necessary resources, and/or scrutiny of the Bidding Documents.
PART 1 Bidding Procedures
OPTION A: One-Envelope Bidding
Section I. Instructions to Bidders
Notes on Instructions to Bidders
Section I, Instructions to Bidders, provides the information necessary for Bidders to prepare responsive Bids in accordance with the requirements of the Employer. It also gives information on Bid submission, opening, and evaluation, and on the award of the Contract.
The use of the Standard Instructions to Bidders set forth in Section I of these Standard Bidding Documents for the Procurement of Works (version 1.0) published by JICA in October, 2012 (hereafter referred to as Standard ITB), in all Bidding Documents for construction works financed by Japanese ODA Loans is required, and they shall be used without modification. Any necessary changes, acceptable to JICA, to address specific country and project issues, shall be introduced only through the Bid Data Sheet.
The Instructions to Bidders will not be part of the Contract.
Section I. Instructions to Bidders
[Note to the Employer: The Instructions to Bidders governing this bidding process are the Standard Instructions to Bidders included in Option A: One-Envelope Bidding, of the Standard Bidding Documents for Procurement of Works (SBD (Works)) (version 1.0) published by JICA in October 2012.
A copy of the Standard Instructions to Bidders may be attached to the Bidding Documents prepared by the Employer for reference purposes only. If the Instructions to Bidders in the Bidding Documents prepared by the Employer contain modifications from the Standard Instructions to Bidders, JICA will not consider them valid and the Standard Instructions to Bidders, as defined above, shall apply.
Instead of attaching a copy of the Standard Instructions to Bidders, the Employer may use the following introductory text.]
The Instructions to Bidders governing this bidding process are the Instructions to Bidders included in Option A: One-Envelope Bidding, Section I, of the Standard Bidding Documents for Procurement of Works (version 1.0), published by JICA in October, 2012. Those Instructions to Bidders are available on the JICAs web site shown below:
http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/index.html
A copy of these Instructions to Bidders is not attached to these Bidding Documents.
Section II. Bid Data Sheet
Notes on Bid Data Sheet
Section II, Bid Data Sheet, shall be filled in by the Employer before issuance of the Bidding Documents.
The Bid Data Sheet (BDS) contains information and provisions that are specific to a particular bidding process. The Employer must specify in the BDS only the information that the ITB request be specified in the BDS. All information shall be provided; no clause shall be left blank.
To facilitate the preparation of the BDS, its clauses are numbered with the same numbers as the corresponding ITB clause.
Bid Data Sheet
A. GeneralITB 1.1The number of the Invitation for Bids is: [insert number of the Invitation for Bids]ITB 1.1The Employer is: [insert name of the Employer]ITB 1.1The name, identification and number of the lot(s) (contract(s)) comprising this ICB are: [insert number and identification of lot(s) (contract(s))]ITB 2.1The Borrower is: [insert name of the Borrower]ITB 2.1The number of the Loan Agreement is: [insert Loan Agreement Number]
The amount of a Japanese ODA Loan is: [insert amount in Japanese Yen]
The signed date of the Loan Agreement is: [insert signed date of the Loan Agreement]ITB 2.1The name of the Project is: [insert name of the project]ITB 2.2The applicable Guidelines for Procurement under Japanese ODA Loans are those published in [insert one of the following: April 2012, March 2009, or October 1999].ITB 3.1(c)A list of debarred firms and individuals is available at the World Banks website: www.worldbank.org/debarrITB 4.5This bidding [select is or is not, as appropriate] subject to prequalification.B. Bidding DocumentsITB 7.1For clarification purposes only, the Employers address is:
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city codes]
Facsimile number: [insert facsimile number, including country and city codes]
Electronic mail address: [insert email address, if applicable]ITB 7.1 Responses to any request for clarification, if any, [select will or will not, as appropriate] be published on the Employers web page.
[Insert the Employers web page if responses to requests for clarifications will be published on the Employers web page, otherwise omit.]ITB 7.4A Pre-bid meeting [insert will or will not, as appropriate] take place at the following date, time and place:
[If a pre-bid meeting will take place, insert the date, time and place information in the spaces provided below. Otherwise insert Not Applicable in the spaces provided below for the date, time and place]
Date:
Time:
Place:
A site visit conducted by the Employer [insert will be or will not be, as appropriate] organized.ITB 8.2Addenda, if any, [select will or will not, as appropriate] be published on the Employers web page.C. Preparation of BidsITB 10.1The language of the Bid is: [insert one of the following: Japanese, English, Spanish or French.]ITB 11.1 (i)The Bidder shall submit with its Bid the following additional documents:
[List any additional document not already listed in ITB 11.1 that must be submitted with the Bid.]ITB 13.1[The following provision should be included and the required corresponding information inserted only if alternative Bids will be considered. Otherwise delete this BDS 13.1.]
Alternative Bids [insert shall be] permitted.ITB 13.2Alternative times for completion [insert will be or will not be, as appropriate] permitted.
If alternative times for completion are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria.ITB 13.4Alternative technical solutions shall be permitted for the following parts of the Works: [List the parts of the works]
If alternative technical solutions are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria.ITB 14.5[Price adjustment is mandatory for contracts with longer duration than 18 months or when local or foreign inflation is expected to be high. The following provision should be included and the required corresponding information inserted only if the prices quoted by the Bidder are not subject to price adjustment. Otherwise delete this BDS 14.5.]
The prices quoted by the Bidder shall be: [insert fixed; consequently, the Bidder is not required to furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data]ITB 14.7[The following provision should be included and the corresponding information inserted only if duties, taxes and other levies will be exempted, reimbursed, or paid by the Employer on behalf of the Contractor. Otherwise delete this BDS 14.7.]
Duties, taxes and other levies indicated below shall be [choose one of the following: exempted, reimbursed, paid by the Employer on behalf of the Contractor, as appropriate.]:
[List duties, taxes and other levies.]ITB 15.1 The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Bill of 0Q u a n t i t i e s s e p a r a t e l y i n t h e f o l l o w i n g c u r r e n c i e s :
f o r t h o s e i n p u t s t o t h e W o r k s t h a t t h e B i d d e r e x p e c t s t o s u p p l y f r o m w i t h i n t h e E m p l o y e r s c o u n t r y , i n [ i n s e r t t h e n a m e o f t h e c u r r e n c y o f t h e E m p l o y e r s c o u n t r y ] , t h e n a m e o f t h e c u r r e n c y o f t h e E m p l o y e r s country, and further referred to as the local currency; and
for those inputs to the Works that the Bidder expects to supply from outside the Employers country (referred to as the foreign currency requirements), in [insert Japanese Yen and/or other international trading currency or currencies].ITB 18.1The Bid validity period shall be [insert a number of days] days.
[This period should be realistic, allowing sufficient time to evaluate the Bids, bearing in mind the complexity of the Works and the time required for obtaining references, clarifications, clearances, and approvals (including JICAs concurrence) and for notification of the award. Normally the validity period should not exceed 120 days.]ITB 18.3 (a)The Bid Price shall be adjusted by the following factor: [insert factor for adjustment]
[The local currency portion of the Contract price shall be adjusted by a factor reflecting local inflation during the period of extension, and the foreign currency portion of the Contract price shall be adjusted by a factor reflecting the international inflation (in the country of the foreign currency) during the period of extension.]ITB 18.3 (b)The fixed portion of the Bid Price shall be adjusted by the following factor:
[insert factor for adjustment]
[The local currency portion of the fixed portion of the Contract price shall be adjusted by a factor reflecting local inflation during the period of extension, and the foreign currency portion of the fixed portion of the Contract price shall be adjusted by a factor reflecting the international inflation (in the country of the foreign currency) during the period of extension.]ITB 19.1
The amount and currency of the Bid Security shall be [Insert amount and currency of the Bid Security. The amount should be approximately 2% of the estimated cost of the contract.]ITB 19.2 (d)Other types of acceptable securities: [Insert names of other acceptable securities. Insert None if no other forms of bid securities besides those listed in ITB 19.2 (a) through (c) are acceptable.]ITB 20.1In addition to the original of the Bid, the number of copies is: [Insert number of copies.]ITB 20.2The written confirmation of authorization to sign on behalf of the Bidder shall consist of: [Insert the name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid.]D. Submission and Opening of BidsITB 22.1 For Bid submission purposes only, the Employers address is :
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
The deadline for Bid submission is:
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
ITB 25.1The Bid opening shall take place at:
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City : [insert name of city or town]
Country: [insert name of country]
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
E. Evaluation, and Comparison of BidsITB 34.1The currency that shall be used for Bid evaluation and comparison purposes to convert all Bid Prices expressed in various currencies into a single currency is: [insert Japanese Yen or another single currency]
The source of exchange rate shall be: [Insert name of the source of exchange rates (e.g., the Central Bank in the Employers Country).]
The date for the exchange rate shall be: [Insert day, month and year, e.g. 15 June, 2008, the date not earlier than 30 days prior to, nor later than, the date of Bid opening specified in ITB 25.1.]
The Employer will convert the amounts in various currencies in which the Bid Price, corrected pursuant to ITB 33, is payable (excluding Provisional Sums but including Daywork where priced competitively) to the single currency identified above at the selling rates established for similar transactions by the authority specified and on the date stipulated above.ITB 35.1[Insert the following only if the Employer intends to execute any specific elements of the Works by subcontractors selected in advance (nominated subcontractors). Otherwise delete this BDS 35.1.]
At this time the Employer intends to execute certain specific parts of the Works by subcontractors selected in advance. [List the specific parts of the Works and the respective nominated subcontractors.]
OPTION B: Two-Envelope Bidding
Section I. Instructions to Bidders
Notes on the Instructions to Bidders
Section I, Instructions to Bidders, provides the information necessary for Bidders to prepare responsive Bids in accordance with the requirements of the Employer. It also gives information on Bid submission, opening, and evaluation, and on the award of the Contract.
The use of the Standard Instructions to Bidders set forth in Section I of these Standard Bidding Documents for the Procurement of Works (version 1.0) published by JICA in October, 2012 (hereafter referred to as Standard ITB), in all Bidding Documents for construction works financed by Japanese ODA Loans is required, and they shall be used without modification. Any necessary changes, acceptable to JICA, to address specific country and project issues, shall be introduced only through the Bid Data Sheet.
The Instructions to Bidders will not be part of the Contract.Section I. Instructions to Bidders
[Note to the Employer: The Instructions to Bidders governing this bidding process are the Standard Instructions to Bidders included in Option B: Two-Envelope Bidding, of the Standard Bidding Documents for Procurement of Works (SBD (Works)) (version 1.0) published by JICA in October 2012.
A copy of the Standard Instructions to Bidders may be attached to the Bidding Documents prepared by the Employer for reference purposes only. If the Instructions to Bidders in the Bidding Documents prepared by the Employer contain modifications from the Standard Instructions to Bidders, JICA will not consider them valid and the Standard Instructions to Bidders, as defined above, shall apply.
Instead of attaching a copy of the Standard Instructions to Bidders, the Employer may use the following introductory text.]
The Instructions to Bidders governing this bidding process are the Instructions to Bidders included in Option B: Two-Envelope Bidding, Section I, of the Standard Bidding Documents for Procurement of Works (version 1.0), published by JICA in October, 2012. Those Instructions to Bidders are available on the JICAs web site shown below:
http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/index.html
A copy of these Instructions to Bidders is not attached to these Bidding Documents.
Section II. Bid Data Sheet
Notes on Bid Data Sheet
Section II, Bid Data Sheet, shall be filled in by the Employer before issuance of the Bidding Documents.
The Bid Data Sheet (BDS) contains information and provisions that are specific to a particular bidding process. The Employer must specify in the BDS only the information that the ITB request be specified in the BDS. All information shall be provided; no clause shall be left blank.
To facilitate the preparation of the BDS, its clauses are numbered with the same numbers as the corresponding ITB clause.
Bid Data Sheet
A. GeneralITB 1.1The number of the Invitation for Bids is: [insert number of the Invitation for Bids]ITB 1.1The Employer is: [insert name of the Employer]ITB 1.1The name, identification and number of the lot(s) (contract(s)) comprising this ICB are: [insert number and identification of lot(s) (contract(s))]ITB 2.1The Borrower is: [insert name of the Borrower]ITB 2.1The number of the Loan Agreement is: [insert Loan Agreement number]
The amount of a Japanese ODA Loan is: [insert amount in Japanese Yen]
The signed date of the Loan Agreement is: [insert signed date of the Loan Agreement]ITB 2.1The name of the Project is: [insert name of the Project]ITB 2.2The applicable Guidelines for Procurement under Japanese ODA Loans are those published in [insert one of the following: April 2012, March 2009, or October 1999].ITB 3.1(c)A list of debarred firms and individuals is available at the World Banks website: www.worldbank.org/debarrITB 4.5This bidding [select is or is not, as appropriate] subject to prequalification.B. Bidding DocumentsITB 7.1For clarification purposes only, the Employers address is:
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city codes]
Facsimile number: [insert facsimile number, including country and city codes]
Electronic mail address: [insert email address, if applicable]ITB 7.1 Responses to any request for clarification, if any, [select will or will not, as appropriate] be published on the Employers web page.
[Insert the Employers web page if responses to requests for clarifications will be published on the Employers web page, otherwise omit.]ITB 7.4A Pre-bid meeting [insert will or will not, as appropriate] take place at the following date, time and place:
[If a pre-bid meeting will take place, insert the date, time and place information in the spaces provided below. Otherwise insert Not Applicable in the spaces provided below for the date, time and place]
Date:
Time:
Place:
A site visit conducted by the Employer [insert will be or will not be, as appropriate] organized.ITB 8.2Addenda, if any, [select will or will not, as appropriate] be published on the Employers web page.C. Preparation of BidsITB 10.1The language of the Bid is: [Insert one of the following: Japanese, English, Spanish or French.]ITB 11.2 (h)The Bidder shall submit with its Technical Bid the following additional documents:
[List any additional document not already listed in ITB 11.2 that must be submitted with the Technical Bid.]ITB 11.3 (d)The Bidder shall submit with its Price Bid the following additional documents:
[List any additional document not already listed in ITB 11.3 that must be submitted with the Price Bid.]ITB 13.1[The following provision should be included and the required corresponding information inserted only if alternative Bids will be considered. Otherwise delete this BDS 13.1.]
Alternative Bids [insert shall be] permitted.ITB 13.2Alternative times for completion [insert will be or will not be, as appropriate] permitted.
If alternative times for completion are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria.ITB 13.4Alternative technical solutions shall be permitted for the following parts of the Works: [List the parts of the works]
If alternative technical solutions are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria.ITB 14.5[Price adjustment is mandatory for contracts with longer duration than 18 months or when local or foreign inflation is expected to be high. The following provision should be included and the required corresponding information inserted only if the prices quoted by the Bidder are not subject to price adjustment. Otherwise delete this BDS 14.5.]
The prices quoted by the Bidder shall be: [insert fixed; consequently, the Bidder is not required to furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data]ITB 14.7[The following provision should be included and the corresponding information inserted only if duties, taxes and other levies will be exempted, reimbursed, or paid by the Employer on behalf of the Contractor. Otherwise delete this BDS 14.7.]
Duties, taxes and other levies indicated below shall be [choose one of the following: exempted, reimbursed, paid by the Employer on behalf of the Contractor, as appropriate.]:
[List duties, taxes and other levies.]ITB 15.1 The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Bill of 0Q u a n t i t i e s s e p a r a t e l y i n t h e f o l l o w i n g c u r r e n c i e s :
f o r t h o s e i n p u t s t o t h e W o r k s t h a t t h e B i d d e r e x p e c t s t o s u p p l y f r o m w i t h i n t h e E m p l o y e r s c o u n t r y , i n [ i n s e r t t h e n a m e o f t h e c u r r e n c y o f t h e E m p l o y e r s c o u n t r y ] , t h e n a m e o f t h e c u r r e n c y o f t h e E m p l o y e r s country, and further referred to as the local currency; and
for those inputs to the Works that the Bidder expects to supply from outside the Employers country (referred to as the foreign currency requirements), in [insert Japanese Yen and/or other international trading currency or currencies].ITB 18.1The Bid validity period shall be [insert a number of days] days.
[This period should be realistic, allowing sufficient time to evaluate the Bids, bearing in mind the complexity of the Works and the time required for obtaining references, clarifications, clearances, and approvals (including JICAs concurrence) and for notification of the award. Normally the validity period should not exceed 120 days.]ITB 18.3 (a)The Bid Price shall be adjusted by the following factor: [insert factor for adjustment]
[The local currency portion of the Contract price shall be adjusted by a factor reflecting local inflation during the period of extension, and the foreign currency portion of the Contract price shall be adjusted by a factor reflecting the international inflation (in the country of the foreign currency) during the period of extension.]ITB 18.3 (b)The fixed portion of the Bid Price shall be adjusted by the following factor:
[insert factor for adjustment]
[The local currency portion of the fixed portion of the Contract price shall be adjusted by a factor reflecting local inflation during the period of extension, and the foreign currency portion of the fixed portion of the Contract price shall be adjusted by a factor reflecting the international inflation (in the country of the foreign currency) during the period of extension.]ITB 19.1
The amount and currency of the Bid Security shall be [Insert amount and currency of the Bid Security. The amount should be approximately 2% of the estimated cost of the contract.]ITB 19.2 (d)Other types of acceptable securities: [Insert names of other acceptable securities. Insert None if no other forms of bid securities besides those listed in ITB 19.2 (a) through (c) are acceptable.]ITB 20.1In addition to the original of the Bid, the number of copies is: [Insert number of copies.]ITB 20.2The written confirmation of authorization to sign on behalf of the Bidder shall consist of: [Insert the name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid.]D. Submission and Opening of BidsITB 22.1 For Bid submission purposes only, the Employers address is :
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
The deadline for Bid submission is:
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
ITB 25.1The opening of the Technical Bid shall take place at:
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City : [insert name of city or town]
Country: [insert name of country]
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
E. Evaluation, and Comparison of BidsITB 34.1The currency that shall be used for Bid evaluation and comparison purposes to convert all Bid Prices expressed in various currencies into a single currency is: [insert Japanese Yen or another single currency]
The source of exchange rate shall be: [Insert name of the source of exchange rates (e.g., the Central Bank in the Employers Country).]
The date for the exchange rate shall be: [Insert day, month and year, e.g. 15 June, 2008, the date not earlier than 30 days prior to, nor later than, the date of Bid opening specified in ITB 25.1.]
The Employer will convert the amounts in various currencies in which the Bid Price, corrected pursuant to ITB 33, is payable (excluding Provisional Sums but including Daywork where priced competitively) to the single currency identified above at the selling rates established for similar transactions by the authority specified and on the date stipulated above.ITB 35.1[Insert the following only if the Employer intends to execute any specific elements of the Works by subcontractors selected in advance (nominated subcontractors). Otherwise delete this BDS 35.1.]
At this time the Employer intends to execute certain specific parts of the Works by subcontractors selected in advance. [List the specific parts of the Works and the respective nominated subcontractors.]
Section III. Evaluation and Qualification Criteria(Following Prequalification)
Notes on Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. In accordance with ITB 30 and ITB 36, no other factors, methods or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.
Evaluation and Qualification Criteria
(Following Prequalification)
Evaluation
Evaluation of Technical Bids
Assessment of adequacy of Technical Proposal with Requirements
[Evaluation of the Bidders Technical Proposal will include an assessment of the Bidders technical capacity to mobilize key equipment and personnel 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 VI, Works Requirements.]
Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements:
No.PositionTotal Work Experience (years)Experience in Similar Works
(years)1Project Manager2e.g. Chief Engineer(s)13e.g. Health & Safety (Accident Prevention)2 Officer45Notes for the Employer:
Chief Engineer(s) or Section Manager(s) who is(are) responsible for the major activities should be evaluated.
The personnel for the key position include an accident prevention officer, as appropriate.
Alternative candidates for key positions should not be evaluated.
Insert requirements for multiple contracts, if necessary.
The Bidder shall provide details of the proposed personnel and their experience records in Form PER-1 and Form PER-2 in Section IV, Bidding Forms.
Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
No.Equipment Type and CharacteristicsMinimum Number required12345Notes for the Employer:
The items listed shall be limited to major items of equipment that are crucial to the proper and timely execution of the contract, and items that Bidders may not readily be able to purchase, hire, or lease in the required time frame.
Insert requirements for multiple contracts, if necessary.
The Bidder shall provide further details of proposed items of equipment using Form EQU in Section IV, Bidding Forms.
Evaluation of Price Bids
In addition to the criteria listed in ITB 36.2 (a) (d) the following criteria shall apply:
Quantifiable Nonmaterial Nonconformities and Omissions
[The evaluated cost of quantifiable nonconformities are determined as follows:
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or omissions shall be evaluated. The Employer will make its own assessment of the cost of any nonmaterial nonconformities and omissions for the purpose of ensuring fair comparison of Bids, except for the omissions stated in ITB 14.2 which shall be treated in accordance with said clause.]
Award Criteria for Multiple Contracts (ITB 36.4):
[Insert the following text in case of multiple contracts, as necessary. Otherwise delete this EQC clause.
Lots/Packages:
Bidders have the option to bid for any one or more lots/packages. Bids will be evaluated lot/package-wise, taking into account discounts offered, if any, for combined lots/packages. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined lots/packages, subject to the selected Bidder(s) meeting the required qualification criteria for lot or combination of lots/packages as the case may be.]
Alternative Completion Times, if permitted under ITB 13.2, will be evaluated as follows:
............................
Alternative Technical Solutions for Specified Parts, if permitted under ITB 13.4, will be evaluated as follows:
............................
Qualification
Exchange Rate for Qualification Criteria
Wherever a Form in Section IV, Bidding Forms, requires a Bidder to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:
For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year.
Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in BDS 34.1 or, in case such rates are not available in the source identified above, any other publicly available source acceptable to the Employer. Any error in determining the exchange rates may be corrected by the Employer.
Qualification Criteria for Multiple Contracts: [Insert the following text in case of Multiple Contracts. Otherwise delete this EQC clause.
The criteria for qualification is the aggregate minimum requirement, or any other reasonable requirements set forth by the Employer, for respective lots as specified under Sub-Factors 2.2 (i) and (ii) below.]
2.1 Update of Information
The Bidder shall continue to meet the criteria used at the time of prequalification regarding Eligibility, Historical Contract Non Performance and Financial Situation.
Financial Resources
Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.2Financial Resources(i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow requirements estimated as USD [insert amount in USD]1 for the subject contract(s) net of the Bidders other commitments.
[insert requirements for multiple contracts, if necessary]Must meet requirementMust meet requirement Must meet [insert number]2 % of the requirement Must meet [insert number]3 % of the requirementForm FIR 1(ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.
[insert requirements for multiple contracts, if necessary]Must meet requirementMust meet requirementN/AN/AForm FIR 1 and FIR 2Notes for the Employer
1. Indicate the construction cash flow requirement for a number of months, determined as the total time needed by the Employer to pay a contractors invoice, allowing for (a) the actual time consumed for construction, from the beginning of the month invoiced, (b) the time needed by the Engineer to issue the monthly payment certificate, (c) the time needed by the Employer to pay the amount certified, and (d) a contingency period of one month to allow for unforeseen delays. The total period should not exceed six (6) months. The assessment of the monthly amount should be based on a straight-line projection of the estimated cash flow requirement over the particular contract period, neglecting the effect of any advance payment and retention monies, but including contingency allowances in the estimated contract cost.
2. Usually not less than 25% of the requirement for each member of a JV.
3. Usually not less than 40% of the requirement for one member of a JV.Section III. Evaluation and Qualification Criteria(Without Prequalification)
Notes on Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. In accordance with ITB 30 and ITB 36, no other factors, methods or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.
The Notes for the Bidders contained in this Section III should be included in the actual Bidding Documents issued by the Employer.
Evaluation and Qualification Criteria
(Without Prequalification)
Evaluation
Evaluation of Technical Bids
Assessment of adequacy of Technical Proposal with Requirements
[Evaluation of the Bidders Technical Proposal will include an assessment of the Bidders technical capacity to mobilize key equipment and personnel 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 VI, Works Requirements.]
Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements:
No.PositionTotal Work Experience (years)Experience in Similar Works
(years)1Project Manager2e.g. Chief Engineer(s)13e.g. Health & Safety (Accident Prevention)2 Officer45Notes for the Employer:
Chief Engineer(s) or Section Manager(s) who is(are) responsible for the major activities should be evaluated.
The personnel for the key position include an accident prevention officer, as appropriate.
Alternative candidates for key positions should not be evaluated.
Insert requirements for multiple contracts, if necessary.
The Bidder shall provide details of the proposed personnel and their experience records in Form PER-1 and Form PER-2 in Section IV, Bidding Forms.
Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
No.Equipment Type and CharacteristicsMinimum Number required12345Notes for the Employer:
The items listed shall be limited to major items of equipment that are crucial to the proper and timely execution of the contract, and items that Bidders may not readily be able to purchase, hire, or lease in the required time frame.
Insert requirements for multiple contracts, if necessary.
The Bidder shall provide further details of proposed items of equipment using Form EQU in Section IV, Bidding Forms.
Evaluation of Price Bids
In addition to the criteria listed in ITB 36.2 (a) (d) the following criteria shall apply:
Quantifiable Nonmaterial Nonconformities and Omissions
[The evaluated cost of quantifiable nonconformities are determined as follows:
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or omissions shall be evaluated. The Employer will make its own assessment of the cost of any nonmaterial nonconformities and omissions for the purpose of ensuring fair comparison of Bids, except for the omissions stated in ITB 14.2 which shall be treated in accordance with said clause.]
Award Criteria for Multiple Contracts (ITB 36.4):
[Insert the following text in case of multiple contracts, as necessary. Otherwise delete this EQC clause.
Lots/Packages:
Bidders have the option to bid for any one or more lots/packages. Bids will be evaluated lot/package-wise, taking into account discounts offered, if any, for combined lots/packages. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined lots/packages, subject to the selected Bidder(s) meeting the required qualification criteria for lot or combination of lots/packages as the case may be.]
Alternative Completion Times, if permitted under ITB 13.2, will be evaluated as follows:
............................
Alternative Technical Solutions for Specified Parts, if permitted under ITB 13.4, will be evaluated as follows:
............................
Qualification
Exchange Rate for Qualification Criteria
Wherever a Form in Section IV, Bidding Forms, requires a Bidder to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:
For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year.
Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in BDS 34.1 or, in case such rates are not available in the source identified above, any other publicly available source acceptable to the Employer. Any error in determining the exchange rates may be corrected by the Employer.
Qualification Criteria for Multiple Contracts: [Insert the following text in case of Multiple Contracts. Otherwise delete this EQC clause.
The criteria for qualification is the aggregate minimum requirement, or any other reasonable requirements set forth by the Employer, for respective lots as specified under Sub-Factors 2.3.2, 2.4.2(a), 2.4.2(b), 2.5.1(i), 2.5.1(ii) below.]
Eligibility and Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.1. Eligibility2.1.1NationalityNationality in accordance with ITB 4.3Must meet requirementN/AMust meet requirementN/AForms ELI 1 and 2, with attachments2.1.2Conflict of InterestNo conflicts of interest in ITB 4.2Must meet requirementN/AMust meet requirementN/ALetter of Bid2.1.3JICA IneligibilityNot having been declared ineligible by JICA, as described in ITB 4.4Must meet requirementN/A
Must meet requirementN/A
Letter of Bid
Form ACK
Eligibility and Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.2. Historical Contract Non-Performance2.2.1History of Non-Performing ContractsNon-performance of a contract (i) did not occur as a result of contractors default since 1st January [insert year].1Must meet requirement (ii)N/A Must meet requirement (ii)N/AForm CON
2.2.2Pending LitigationAll pending litigation shall in total not represent more than [insert percentage figure] 2 % of the Bidders net worth and shall be treated as resolved against the Bidder.Must meet requirement(ii)N/AMust meet requirement (ii)N/AForm CON
2.2.3Litigation HistoryNo consistent history of court/arbitral award decisions 3 against the Bidder (iii) since 1st January [insert year]. 4Must meet requirement(ii)N/AMust meet requirement (ii)N/AForm CON
Notes for the Bidder
Non-performance, as decided by the Employer, shall include all contracts
(a) where non-performance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and
(b) that were so challenged but fully settled against the contractor.
Non-performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance 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.
This requirement also applies to contracts executed by the Bidder as a JV member.
The Bidder shall provide accurate information on the related Bidding Form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five (5) years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.Notes for the Employer
1. Year should usually be one (1) or two (2) years prior to the Bid submission deadline.
2. The percentage should be normally within the range of 50% to 100% of a Bidders net worth.
3. The criterion for rejection should be that of numerous arbitral awards or court decisions against the Bidder, taking the number and amount of contracts executed. As an indicative example, the occurrence of one (1) or two (2) adverse cases over five (5) years for a Contractor handling, on average, ten (10) construction jobs simultaneously, should not be a cause for rejection. If dispute resolution is found relatively frequently in the business of the Bidder, it may indicate an attitude of the management of the firm that could be dangerous for the Employer if the Bidder were awarded the contract, and further investigation with previous Employers may be warranted.
4. Year should usually be five (5) years prior to the Bid submission deadline.
Eligibility and Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.3. Financial Situation2.3.1Financial PerformanceThe audited balance sheets or, if not required by the laws of the Bidders country, other financial statements acceptable to the Employer, for the last [insert number of years] years1 shall be submitted and must demonstrate the current soundness of the Bidders financial position and indicate its prospective long-term profitability.
As the minimum requirement, a Bidders net worth calculated as the difference between total assets and total liabilities should be positive.2
Must meet requirement
N/AMust meet requirementN/AForm FIN 1 with attachments2.3.2Average Annual Construction TurnoverMinimum average annual construction turnover of USD [insert amount in USD] 3, calculated as total certified payments received for contracts in progress and/ or completed, within the last [insert number] years,4 divided by [insert number] years.5
[insert requirements for multiple contracts, if necessary.]Must meet requirementMust meet requirementMust meet [insert number] % 6 of the requirementMust meet [insert number] % 7 of the requirementForm FIN 2
Notes for the Employer
1. Time period usually specified is five (5) years; it may be reduced to three (3) years minimum (in agreement with JICA) under special country circumstances, such as to provide opportunity for a newly privatized construction industry with limited period of existence, but with suitable experience, etc. Firms owned by individuals and partnerships may not be required to maintain audited balance sheets by the laws of their countries of origin; in such cases, the Employer may relax the audit requirement, but should request other acceptable financial statements.
2. The financial information provided by a Bidder should be reviewed in its entirety to allow a truly informed judgment, and the pass-fail decision on the financial position of the Bidder should be given on this basis. Any abnormal features which may lead to financial problems should alert the Employer to seek expert professional advice for further review and interpretation.
3. The amount stated should normally not be less than twice the estimated annual turnover in the proposed Works contract (based on a straight-line projection of the Employers estimated cost, including contingencies, over the contract duration). The multiplier of 2 may be reduced for very large contracts but should not be less than 1.5.
4. The time period is normally five (5) years or more, but may be reduced to not less than three (3) years (in agreement with JICA) under special country circumstances, such as to provide opportunities for a newly privatized construction industry with only a short record of experience, etc.
5. Same number of years as in 4. above.
6. Usually not less than 25% of the requirement for each member of a JV.
7. Usually not less than 40% of the requirement for one member of a JV.
Eligibility and Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.4. Experience2.4.1General Construction ExperienceExperience under construction contracts in the role of prime contractor (single entity or JV member), subcontractor, or management contractor(i) for at least the last [insert number] years1, starting 1st January [insert year].Must meet requirementN/AMust meet requirementN/AForm EXP 1
2.4.2 (a)Specific Construction Experience A minimum number of [insert number of contracts]2 similar (ii) contracts that have been satisfactorily and substantially (iii) completed as a prime contractor (single entity or JV member) (iv) between 1st January [insert year] 3 and Bid submission deadline.
[insert requirements for multiple contracts, if necessary.]Must meet requirementMust meet requirement (v)N/AN/AForm EXP 2 (a)2.4.2 (b)For the above or other contracts completed and under implementation as prime contractor (single entity or JV member), management contractor or subcontractor (vi) between 1st January [insert year] 4 and Bid submission deadline, a minimum construction experience in the following key activities successfully completed (vii) [list activities indicating volume, number or rate of production as applicable.] (viii) 5
[insert requirements for multiple contracts, if necessary.]Must meet requirement
(can be a specialist subcontractor)Must meet requirement
(can be a specialist subcontractor)N/AN/A
Form EXP 2 (b)Notes for the Bidder
A management contractor is a firm which takes on the role of contract management as a general contractor of sort could do. It does not normally perform directly the construction work(s) associated with the contract. Rather, it manages the work of other (sub) contractors while bearing full responsibility and risk for price, quality, and timely performance of the work contract.
The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VI, Works Requirements. Summation of number of small value contracts (less than the value specified under requirement) to meet the overall requirement will not be accepted.
Substantial completion shall be based on 80% or more of the works completed under the contract.
For contracts under which the Bidder participated as a JV member, only the Bidders share, by value, shall be considered to meet this requirement.
In case of a JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members, each of value equal or more than the minimum value required, shall be aggregated.
For contracts under which the Bidder participated as a JV member or subcontractor, only the Bidders share, by value, shall be considered to meet this requirement.
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period. The rate of production shall be the annual production rate for the key construction activity (or activities). For the rate of production, either the average during the entire period or in any one or more years during the period should be specified.
The minimum experience requirement for multiple contracts will be the sum of the minimum requirements for respective individual contracts.
Notes for the Employer
1. The time period is normally five (5) years or more, but may be reduced to not less than three (3) years (in agreement with JICA) under special country circumstances, such as to provide opportunities for a newly privatized construction industry with only a short record of experience.
2. The range of contract numbers should be one (1) to three (3), depending on the size, value, nature and complexity of the subject contract, the exposure of the Employer to risk of contractor default, country conditions and history of similar works constructed in the past.
3. The time range is normally five (5) years, and may be extended up to a period of ten (10) years for large-scale projects.
4. Same as that stipulated in Sub-Factor 2.4.2 (a) above.
5. List the monthly or annual production rate for the key construction activity (or activities) in the proposed contract or works, e.g., one million m3 of rock placed in rockfill dams in one year; X tons of asphalt concrete per month place in road paving; Y m3 of concrete place in etc. The rates should be a percentage (say about 80 percent) of the estimated production rate of the key activity (or activities) in the contract or Works as needed to meet the expected construction schedule with due allowance for adverse climatic condition.
Eligibility and Qualification CriteriaCompliance RequirementsDocumentationNo.FactorRequirementSingle EntityJoint Venture
(existing or intended)Submission RequirementsAll Parties CombinedEach MemberOne Member2.5. Financial Resources2.5.1Financial Resources(i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow requirements estimated as USD [insert amount in USD]1 for the subject contract(s) net of the Bidders other commitments.
[insert requirements for multiple contracts, if necessary]Must meet requirementMust meet requirement Must meet [insert number]2 % of the requirement Must meet [insert number]3 % of the requirementForm FIR 1(ii) The Bidders shall also demonstrate, to the satisfaction of the Employer, that it has adequate sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.
[insert requirements for multiple contracts, if necessary]Must meet requirementMust meet requirementN/AN/AForm FIR 1 and FIR 2Notes for the Employer
1. Indicate the construction cash flow requirement for a number of months, determined as the total time needed by the Employer to pay a contractors invoice, allowing for (a) the actual time consumed for construction, from the beginning of the month invoiced, (b) the time needed by the Engineer to issue the monthly payment certificate, (c) the time needed by the Employer to pay the amount certified, and (d) a contingency period of one month to allow for unforeseen delays. The total period should not exceed six (6) months. The assessment of the monthly amount should be based on a straight-line projection of the estimated cash flow requirement over the particular contract period, neglecting the effect of any advance payment and retention monies, but including contingency allowances in the estimated contract cost.
2. Usually not less than 25% of the requirement for each member of a JV.
3. Usually not less than 40% of the requirement for one member of a JV.
Section IV. Bidding Forms
Notes on Bidding Forms
The Employer shall include in the Bidding Documents all Bidding Forms that the Bidder shall fill out and include in its Bid. As specified in this section, these forms are the Letter of Bid and relevant Schedules, the Bid Security, the Bill of Quantities, the Technical Proposal Form, and the Bidders Qualification Information Forms.
Table of Forms
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