tc 2006 master procurement document for works

8/13/2019 TC 2006 Master Procurement Document for Works

1/186


2/186

Master Procurement

Documents

Bidding Documents for Procuremen

of Works

May 2003

July March 20042006

This Master Bidding Document for Procurement of Works has een !re!ared through the

"oint efforts of the Multilateral De#elo!ment Banks $MDBs% and &nternational 'inancial

&nstitutions $&'&s%( namely) the *sian De#elo!ment Bank $*DB%( *frican De#elo!ment Bank

$*fDB%+ Black ,ea Trade and De#elo!ment Bank $B,TDB%( -ariean De#elo!ment Bank$-DB%( -ommission of the .uro!ean -ommunities $-.-%( .uro!ean Bank for

/econstruction and De#elo!ment $.B/D%( .uro!ean &n#estment Bank $.&B%( &nter

*merican De#elo!ment Bank $&DB%( &nternational Bank for /econstruction and

De#elo!ment $&B/D%( 1ordic De#elo!ment 'und $1D'%( 1orth *merican De#elo!ment

Bank $1*DB%( and the nited 1ations De#elo!ment Programme $1DP% The Master

document is intended to e used as a model y these organiations for issuing ne5 and

etter harmonied ,tandard Bidding Documents for each indi#idual institution The

document is intended to e follo5ed( insofar as !ossile( 5hile allo5ing for institutional and

memer country considerations The tet sho5n in &talics corres!onds to institution s!ecific

clauses that each MDB and &'& 5ill re!lace 5ith !ro#isions consistent 5ith its res!ecti#e

!olicy .ach MDB and &'& 5ill draft its o5n ser7s 8uide


3/186

Summary Description


4/186

iv

'ore5ord

This Master Bidding Document for Procurement of Works and Users Guide has beenprepared by the Mutiatera Deveopment Banks and !nternationa "inancing !nstitutions tobe used as a mode by these organi#ations for issuing ne$ and better harmoni#ed biddingdocuments for each individua institution%

The Genera &onditions 'Section (!!) are the Bank *armoni#ed +dition of the Genera&onditions of &ontract prepared by the !nternationa "ederation of &onsuting +ngineers'Fdration Internationale des Ingnieurs-Conseils, or "!D!&), in agreement $ith variousMutiatera Deveopment Banks%

The document is intended to be foo$ed, insofar as possibe, $hie ao$ing for institutionaand member country considerations% The te-t sho$n in itaics corresponds to institutionspecific causes that each MDB.!"! $i repace $ith provisions consistent $ith its respectivepoicy% T$o aternative Sections !!!, +vauation and /uaification &riteria are provided toaddress the possibiity of having or not having pre0uaification of Bidders


5/186

ST12D13D P34&U3+M+2T D4&UM+2TS

Procurement of Works

9

ser7s 8uide

52ame of Bank6

4ctober 7889


6/186


7/186

SBD "ore$ord

'ore5ord

This Standard Bidding Document for Procurement of Works and Users Guide has beenprepared by 5name of Bank6 and is based on the Master Procurement Document forProcurement of Works and Users Guide prepared by the Mutiatera Deveopment Banksand !nternationa "inancing !nstitutions%

The document is organi#ed into t$o '7) main components:

The Standard Bidding Document; and

1 Users Guide for Procurement of Works

This document refects the structure and the provisions of the Master Procurement Documentfor the Procurement of Works, e-cept $here specific considerations $ithin the respectivemutiatera deveopment bank have re0uired a change%

iii


8/186

iv SBD Summary Description

,ummary Descri!tion

The use of this Standard Bidding Document for Procurement of Works and its Users Guide

appies when a prequalification process has taken place before bidding / when aprequalification process has not taken place before bidding% 1 brief description of thesedocuments is given beo$% The te-t sho$n in !taics corresponds to institution specificcauses that each MDB $i repace $ith provisions consistent $ith its respective poicy%

,BD for Procurement of Works

P*/T : ; B&DD&18 P/


9/186

SBD Summary Description

P*/T 2 ; WORKS/.>&/.M.1T,

,ection =&

This Section contains the Specification, the Dra$ings, and suppementary

information that describe the Works to be procured%

P*/T 3 ; CONDITIONS OF -


10/186


11/186

S T A N D A R D B & D D & 1 8 D < - M . 1 T ,

Procurement of Works

Bidding Document for Procurement

of

&ssued on)

ICB1o)@@@@@

Emplo!")

-ountry)


12/186


13/186

i-

Preface

This Bidding Document for Procurement of Works has been prepared by 5+-ecuting1gency6 and is based on the Standard Procurement Document


14/186


15/186

Section (!!!% Particuar &onditions 'P&)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%C

Section (!!!% Particuar &onditions 'P&)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

Section !% 1nne- to the Particuar &onditions E &ontract "orms%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%>9

A1ame of Bank:

-i


16/186

P*/T : ; Bidding Procedures


17/186

AE9

,ection & &nstructions to Bidders

Tale of -lauses

*8eneralC

A%Scope of Bid

7%Source of "unds%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

9%&orrupt Practices %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%>

@%+igibe Bidders%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A8

F%+igibe Materias, +0uipment and Services%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A7

B-ontents of Bidding Document:2

?%Sections of Bidding Document%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A7

C%&arification of Bidding Document, Site (isit, PreEBid Meeting%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A9

%1mendment of Bidding Document%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A@

-Pre!aration of Bids:

>%&ost of Bidding%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%AF

A8%anguage of Bid%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%AF


18/186


19/186

Section !% !nstructions to Bidders AEF

7?%&onfidentiaity%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7C%&arification of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7%Deviations, 3eservations, and 4missions%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7>%Determination of 3esponsiveness %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7@

98%2onmateria 2onconformities %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7@

9A%&orrection of 1rithmetica +rrors%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

97%&onversion to Singe &urrency %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

99%Margin of Preference%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

9@%+vauation of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

9F%&omparison of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7?

9?%/uaification of the Bidder%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

9C%+mpoyers 3ight to 1ccept 1ny Bid, and to 3eHect 1ny or 1 Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

'*5ard of -ontract2E

9%1$ard &riteria%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

9>%2otification of 1$ard%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

@8%Signing of &ontract%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7

@A%Performance Security%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7


20/186

AE? Section !% !nstructions to Bidders


21/186

Section !% !nstructions to Bidders AEC


22/186

AE Section !% !nstructions to Bidders

,ection & &nstructions to Bidders

* 8eneral

: ,co!e of Bid A%A !n connection $ith the !nvitation for Bids indicated in the BidData Sheet 'BDS), the Emploer, as indicated in the BDS,issues this Bidding Document for the procurement of Works asspecified in Section (!, !orks 3e0uirements% The name,identification, and number of lots "contracts# of theInternational Competiti$e Bidding "ICB# are provided in theBDS%

A%7 Throughout this Bidding Document:

'a) the term


23/186

Section !% !nstructions to Bidders AE>

3 -orru!t

Practices

A%? 'he Bank requires that Borrowers "including beneficiaries ofBank loans#( as well as Bidders( Suppliers( Contractors( and

Consultants under Bank-financed contracts( obser$e the highest

standard of ethics during the procurement and eecution ofsuch contracts,In pursuance of this polic( the Bank.

'a) defines( for the purposes of this pro$ision( the terms setforth below as follows.

'i) corrupt practice0 means the offering( gi$ing(recei$ing( or soliciting of anthing of $alue toinfluence the action of a public official in the

procurement process or in contract eecution1 and

'ii) fraudulent practice0 means a misrepresentation offacts in order to influence a procurement process or

the eecution of a contract to the detriment of the

Borrower( and includes collusi$e practices amongBidders "prior to or after bid submission# designed

to establish bid prices at artificial( noncompetiti$e

le$els and to depri$e the borrower of the benefits offree and open competition1

'iii)


24/186

AEA8 Section !% !nstructions to Bidders

situation1

"d# will sanction a firm or indi$idual( including declaringthem ineligible( either indefinitel or for a stated period of

time( to be awarded a Bank-financed contract if it at an

time determines that the ha$e( directl or through anagent( engaged in corrupt( fraudulent( collusi$e or

coerci$e practices in competing for( or in eecuting( a

Bank-financed contract( and'e) will ha$e the right torequire that a pro$ision be included in Bidding

3ocuments and in contracts financed b a Bank %oan(

requiring bidders( suppliers( contractors and consultants

to permit the Bank to inspect their accounts and recordsand other documents relating to the Bid submission and

contract performance and to ha$e them audited b

auditors appointed b the Bank,

A%C Furthermore( Bidders shall be aware of the pro$ision stated inthe 4articular Conditions "4C 56,7#,

4 .ligile

BiddersA% 1 Bidder may be a naturalperson, private entity,go$ernment-

owned entitIsubHect to !TB @%?Ior any combination of suchentities supported by a etter of intent to enter into an agreementor under an e-isting agreement in the form of a Hoint venture,consortium( or association "J(C% !n the case of a Hointventure, consortium( or association:

'a) unless otherwise specified in the B3S, a partners sha beHointy and severay iabe, and

'b) the J(C&sha nominate a 3epresentative $ho sha havethe authority to conduct a business for and on behaf ofany and a the partners of the J(C&during the biddingprocess and, in the event the J(C& is a$arded the&ontract, during contract e-ecution%

A%> & Bidder( and all partners constituting the Bidder( shall ha$e thenationalit of an eligible countr( in accordance with Section +(

Eligible Countries, & Bidder shall be deemed to ha$e thenationalit of a countr if the Bidder is a national or isconstituted( incorporated( or registered and operates in

conformit with the pro$isions of the laws of that countr, 'his

criterion shall also appl to the determination of the nationalitof proposed subcontractors or suppliers for an part of the

Contract including related ser$ices,


25/186

Section !% !nstructions to Bidders AEAA

A%A8 1 Bidder sha not have a confict of interest% 1 Bidders foundto have a confict of interest sha be dis0uaified% & Bidderma be considered to ha$e a conflict of interest with one or

more parties in this bidding process( if .

'a) the ha$e controlling partners in common1 or

'b) the recei$e or ha$e recei$ed an direct or indirectsubsid from an of them1 or

'c) the ha$e the same legal representati$e for purposes ofthis bid1 or

'd) the ha$e a relationship with each other( directl orthrough common third parties( that puts them in a

position to ha$e access to information about or influence

on the bid of another Bidder( or influence the decisions ofthe 4urchaser regarding this bidding process1 or

'e) a Bidder participates in more than one bid in this biddingprocess, 4articipation b a Bidder in more than one Bid

will result in the disqualification of all Bids in which thepart is in$ol$ed, 8owe$er( this does not limit the

inclusion of the same subcontractor in more than one bid1

or

'f)a Bidder participated as a consultant in the preparation ofthe design or technical specifications of the works that are

the sub2ect of the bid,

'g) a Bidder was affiliated with a firm or entit that has beenhired "or is proposed to be hired# b the Emploer or

Borrower as Engineer for the contract,

A%AA 1 firm that is under a decaration of ineigibiity by the Bank inaccordance $ith !TB 9 and I'B 59,:, at the date of the deadinefor bid submission or thereafter, sha be dis0uaified%

A%A7 ;o$ernment-owned entit in the Emploer


26/186

AEA7 Section !% !nstructions to Bidders

A%A@ Firms shall be ecluded if.

'a) as a matter of law or official regulation( the Borrower abo$e and all ependitures under theContract will be limited to such materials( equipment( and

ser$ices, &t the Emploer


27/186

Section !% !nstructions to Bidders AEA9

Section !!!% +vauation and Aualification&riteria

Section !(% Bidding "orms

Section (% +igibe &ountries

P*/T 2 Works /eFuirements

Section (!% !ork


28/186

AEA@ Section !% !nstructions to Bidders

A%79 The Bidder is advised to visit and e-amine the Site of Works andits surroundings and obtain for itsef on its o$n responsibiitya information that may be necessary for preparing the bid andentering into a contract for construction of the Works% Thecosts of visiting the Site sha be at the Bidders o$n e-pense%

A%7@ The Bidder and any of its personne or agents $i be grantedpermission by the Emploer to enter upon its premises andands for the purpose of such visit, but ony upon the e-presscondition that the Bidder, its personne, and agents $i reeaseand indemnify theEmploerand its personne and agents fromand against a iabiity in respect thereof, and $i beresponsibe for death or persona inHury, oss of or damage toproperty, and any other oss, damage, costs, and e-pensesincurred as a resut of the inspection%

A%7F The Bidders designated representative is invited to attend a preEbid meeting, if provided for in the BDS% The purpose of themeeting $i be to carify issues and to ans$er 0uestions on anymatter that may be raised at that stage%

A%7? The Bidder is re0uested, as far as possibe, to submit any0uestions in $riting, to reach theEmploernot ater than one$eek before the meeting%

A%7C Minutes of the preEbid meeting, incuding the te-t of the0uestions raised, $ithout identifying the source, and theresponses given, together $ith any responses prepared after themeeting, $i be transmitted prompty to a Bidders $ho haveac0uired the Bidding Document in accordance $ith !TB ?%9%1ny modification to the Bidding Documents that may becomenecessary as a resut of the preEbid meeting sha be made by theEmploer e-cusivey through the issue of an 1ddendumpursuant to !TB and not through the minutes of the preEbidmeeting%

A%7 2onattendance at the preEbid meeting $i not be a cause fordis0uaification of a Bidder%

C *mendment ofBidding

Document

A%7> 1t any time prior to the deadine for submission of bids, theEmploer may amend the Bidding Document by issuingaddenda%

A%98 1ny addendum issued sha be part of the Bidding Document andsha be communicated in $riting to a $ho have obtained theBidding Document from theEmploer in accordance $ith !TB?%9%


29/186

Section !% !nstructions to Bidders AEAF

A%9A To give prospective Bidders reasonabe time in $hich to take anaddendum into account in preparing their bids, the Emploermay, at its discretion, e-tend the deadine for the submission ofbids, pursuant to !TB 77%7

- Pre!aration of Bids

G -ost of Bidding A%97 The Bidder sha bear a costs associated $ith the preparationand submission of its Bid, and the Emploer sha not beresponsibe or iabe for those costs, regardess of the conduct oroutcome of the bidding process%

:0 Hanguage of

Bid

A%99 The Bid, as $e as a correspondence and documents reating tothe bid e-changed by the Bidder and the Emploer, sha be$ritten in the language specified in the B3S% Supportingdocuments and printed iterature that are part of the Bid may be

in another anguage provided they are accompanied by anaccurate transation of the reevant passages in the languagespecified in the B3S, in $hich case, for purposes ofinterpretation of the Bid, such transation sha govern%

:: Documents

-om!rising the

Bid

A%9@ The Bid sha comprise the foo$ing:

'a) etter of Bid

'b) &ompeted schedues as re0uired, incuding pricedBill ofAuantities, in accordance $ith !TB A7 and A@;

'c) Bid Security, in accordance $ith !TB A>;

'd) aternative bids, if permissibe, in accordance $ith !TBA9;

'e) $ritten confirmation authori#ing the signatory of the Bidto commit the Bidder, in accordance $ith !TB 78%7;

'f)documentary evidence in accordance $ith !TB ACestablishingthe Bidders 0uaifications to perform thecontract if its Bid is accepted;

'g) 'echnical 4roposal in accordance with I'B 57,

'h) any other document re0uired in the BDS%

A%9F !n addition to the re0uirements under !TB AA%A, bids submittedby a J(&1 sha incude a copy of the Joint (enture 1greemententered into by a partners% 1ternativey, a etter of !ntent toe-ecute a Joint (enture 1greement in the event of a successfubid sha be signed by a partners and submitted $ith the bid,together $ith a copy of the proposed agreement%


30/186

AEA? Section !% !nstructions to Bidders

:2 Hetter of Bid(

and ,chedules

A%9? The etter of Bid and Schedues, incuding theBill of Auantities(sha be prepared using the reevant formsfurnished in Section!(, Bidding "orms% The forms must be competed $ithout anyaterations to thetet, and no substitutes sha be accepted% 1bank spaces sha be fied in $ith the information re0uested%

:3 *lternati#e

Bids

A%9C Uness other$ise indicated in the BDS, aternative bids sha notbe considered%

A%9 !hen alternati$e times for completion are eplicitl in$ited( astatement to that effect will be included in the B3S( as will the

method of e$aluating different times for completion,

A%9> Ecept as pro$ided under I'B 5,= below( Bidders wishing tooffer technical alternati$es to the requirements of the bidding

document must first price the Emploer


31/186

Section !% !nstructions to Bidders AEAC

A%@F Uness other$ise provided in the BDS and the &ontract, the ratesand prices 0uoted by the Bidder are subHect to adHustmentduring the performance of the &ontract in accordance $ith theprovisions of the &onditions of &ontract% In such a case( theBidder shall furnish the indices and weightings for the price

ad2ustment formulae in the Schedule of &d2ustment 3ata andthe Emploer ma require the Bidder to 2ustif its proposedindices and weightings,

A%@? !f so indicated in !TB A%A, bids are being invited for individualots 'contracts# or for any combination of lots 'packages)%Bidders $ishing to offer any price reduction for the a$ard ofmore than one &ontract sha specify in their bid the pricereductions appicabe to each package, or aternativey, toindividua &ontracts $ithin the package% Price reductions ordiscounts sha be submitted in accordance $ith !TB A@%@,

provided the bids for a lots "contracts# are submitted andopened at the same time%

A%@C 1 duties, ta-es, and other evies payabe by the &ontractorunder the &ontract, or for any other cause, as of the date 7 daysprior to the deadine for submission of bids, sha be incuded inthe rates and prices and the tota Bid Price submitted by theBidder%

: -urrencies of

Bid and

Payment

A%@ The currency'cies) of the bid sha be(as specified in the BDS,

A%@> Bidders ma be required b the Emploer to 2ustif( to theEmploer


32/186

AEA Section !% !nstructions to Bidders

eligibilit for domestic preference shall suppl all information

required to satisf the criteria for eligibilit as described in I'B,

:C Period of

=alidity of Bids

A%F9 Bids sha remain vaid for the period specified in the BDS after

the bid submission deadine date prescribed by the Emploer%1 bid vaid for a shorter period sha be reHected by theEmploeras non responsive%

A%F@ !n e-ceptiona circumstances, prior to the e-piration of the bidvaidity period, the Emploermay re0uest Bidders to e-tend theperiod of vaidity of their bids% The re0uest and the responses shabe made in $riting% !f a bid security is re0uested in accordance$ith !TB A>, it sha aso be e-tended for t$entyEeight '7) daysbeyond the deadine of the e-tended vaidity period% 1 Bidder mayrefuse the re0uest $ithout forfeiting its bid security% 1 Biddergranting the re0uest sha not be re0uired or permitted to modify

its bid, ecept as pro$ided in I'B 5:,%

A%FF In the case of fied price contracts( if the award is delaed b aperiod eceeding fift-si "67# das beond the epir of the

initial bid $alidit( the Contract price shall be ad2usted b afactor specified in the request for etension, Bid e$aluation

shall be based on the Bid 4rice without taking into

consideration the abo$e correction,

:G Bid ,ecurity A%F? )nless otherwise specified in the B3S, the Bidder sha furnish aspart of its bid, a bid security in origina form and in the amount

and currency specified in the BDS%

A%FC The bid security sha be, a demand guaranteeat the Biddersoption, in any of the foo$ing forms:

'a) an unconditional bank guarantee;

'b) an irrevocabe etter of credit;

'c) a cashiers or certified check; or

'd) another securit indicated in the B3S,

from a reputabe source from an eigibe country% !f the bidsecurity furnished by the Bidder is in the form of a bond issuedby an insurance or bonding institution ocated outside theEmploers &ountry, it sha have a correspondent financiainstitution ocated in the Emploers &ountry to make itenforceabe% The bid security sha be submitted either usingthe Bid Security "orm incuded in Section !(, Bidding "orms(in the case of a bank guarantee( or in another substantiay


33/186

Section !% !nstructions to Bidders AEA>

simiar format approved by the Emploer prior to bidsubmission% !n either case, the form must incude the competename of the Bidder% The bid security sha be vaid for t$entyEeight '7) days beyond the origina vaidity period of the bid, orbeyond any period of e-tension if re0uested under !TB A%7%

A%F 1ny bid not accompanied by an enforceabe and compiant bidsecurity, if one is re0uired in accordance $ith !TB A>%A, sha bereHected by theEmploeras non responsive%

A%F> The bid security of unsuccessfu Bidders sha be returned asprompty as possibe upon the successfu Bidders furnishing ofthe performance security pursuant to !TB @A%

A%?8 The bid security of the successfu Bidder sha be returned asprompty as possibe once the successfu Bidder has signed the

&ontract and furnished the re0uired performance security%

A%?A The bid security may be forfeited:

'a) if a Bidder $ithdra$s its bid during the period of bidvaidity specified by the Bidder on the etter of Bid "orm,e-cept as provided in !TB A%7 or

'b) if the successfu Bidder fais to)

'i) sign the &ontract in accordance $ith !TB @8; or

'ii) furnish a performance security in accordance $ith !TB@A%

A%?7 The bid security of a J(C&sha be in the name of the J(C&thatsubmits the bid% !f the J(C&has not been egay constituted atthe time of bidding, the Bid Securit shall be in the names of allfuture partners as named in the letter of intent referred to in

I'B =,5,

A%?9 If a bid securit is not required in the B3S( and

'a) if a Bidder withdraws its bid during the period of bid$alidit specified b the Bidder on the %etter of Bid Form(

ecept as pro$ided in I'B 5:,>( or

'b) if the successful Bidder fails to*


34/186

AE78 Section !% !nstructions to Bidders

'i) sign the Contract in accordance with I'B =1 or

'ii)furnish a performance securit in accordance withI'B =5,

'iii)

the Borrower ma( if pro$ided for in the B3S( declare theBidder ineligible to be awarded a contract b the Borrower for

a period of time as stated in the B3S,

20 'ormat and

,igning of Bid

A%?@ The Bidder sha prepare one origina of the documentscomprising the bid as described in !TB AA and ceary mark itMarking of

Bids

A%?C The Bidder sha encose the origina and a copies of the bid,incuding aternative bids, if permitted in accordance $ith !TBA9, in separate seaed enveopes, duy marking the enveopes as


35/186

Section !% !nstructions to Bidders AE7A

'c) bear the specific identification of this bidding processindicated in the BDS A%A; and

'd) bear a $arning not to open before the time and date for bidopening%

A%?> !f a enveopes are not seaed and marked as re0uired, theEmploer$i assume no responsibiity for the mispacement orpremature opening of the bid%

22 Deadline for

,umission of

Bids

A%C8 Bids must be received by the Emploerat the address and noater than the date and time indicated in the BDS% When sospecified in the BDS, Bidders sha have the option ofsubmitting their bids eectronicay% Bidders submitting bidseectronicay sha foo$ the eectronic bid submissionprocedures specified in the BDS%

A%CA TheEmploermay, at its discretion, e-tend the deadine for thesubmission of bids by amending the Bidding Document inaccordance $ith !TB , in $hich case a rights and obigationsof theEmploerand Bidders previousy subHect to the deadinesha thereafter be subHect to the deadine as e-tended%

23 Hate Bids A%C7 The Emploer sha not consider any bid that arrives after thedeadine for submission of bids, in accordance $ith !TB 77%1ny bid received by the Emploer after the deadine forsubmission of bids sha be decared ate, reHected, and returnedunopened to the Bidder%

24 Withdra5al(,ustitution(

and

Modification of

Bids

A%C9 1 Bidder may $ithdra$, substitute, or modify its bid after it hasbeen submitted by sending a $ritten notice, duy signed by anauthori#ed representative, and sha incude a copy of theauthori#ation in accordance $ith !TB 78%7, 'e-cept that$ithdra$a notices do not re0uire copies)% The correspondingsubstitution or modification of the bid must accompany therespective $ritten notice% 1 notices must be:

'a) prepared and submitted in accordance $ith !TB 78 and !TB7A 'e-cept that $ithdra$as notices do not re0uire copies),and in addition, the respective enveopes sha be ceary

marked


36/186


A%CF 2o bid may be $ithdra$n, substituted, or modified in theinterva bet$een the deadine for submission of bids and thee-piration of the period of bid vaidity specified by the Bidderon the etter of Bid "orm or any e-tension thereof%

2 Bid

A%CC "irst, enveopes marked


37/186

Section !% !nstructions to Bidders AE79

Price, per ot if appicabe, incuding any discounts andaternative offers; and the presence or absence of a bid security,if one $as re0uired% The Bidders representatives $ho arepresent sha be re0uested to sign the record% The omission of aBidders signature on the record sha not invaidate the contents

and effect of the record% 1 copy of the record sha bedistributed to a Bidders%

. .#aluation and -om!arison of Bids

26 -onfidentiality A%8 Information relating to the e$aluation of bids andrecommendation of contract award( shall not be disclosed to

Bidders or an other persons not officiall concerned with suchprocessuntil information on Contract award is communicatedto all Bidders%

A%A 1ny attempt by a Bidder to infuence the Emploer in the

evauation of the bids or &ontract a$ard decisions may resut inthe reHection of its bid%

A%7 2ot$ithstanding !TB 7?%7, from the time of bid opening to thetime of &ontract a$ard, if any Bidder $ishes to contact theEmploeron any matter reated to the bidding process, it maydo so in $riting%

2E -larification of

Bids

A%9 To assist in the e-amination, evauation, and comparison of thebids, and 0uaification of the Bidders, the Emploermay, at itsdiscretion, ask any Bidder for a carification of its bid% 1nycarification submitted by a Bidder that is not in response to are0uest by the Emploer sha not be considered% TheEmploers re0uest for carification and the response sha be in$riting% 2o change in the prices or substance of the bid sha besought, offered, or permitted, e-cept to confirm the correctionof arithmetic errors discovered by the Emploer in theevauation of the bids, in accordance $ith !TB 9A%

A%@ !f a Bidder does not provide carifications of its bid by the dateand time set in the &ontracting 1gencys re0uest forcarification, its bid may be reHected%

2C De#iations(/eser#ations(

and


38/186

AE7@ Section !% !nstructions to Bidders

'c) !f a bid is not substantiay responsive to the re0uirements of theBidding Document, it sha be reHected by the Emploer andmay not subse0uenty be made responsive by correction of themateria deviation, reservation, or omission%

30 Nonmat!"ial

1onconformiti

es

A%>8 Provided that a bid is substantiay responsive, theEmploermay$aive any nonconformities in the bid that do not constitute amateria deviation, reservation or omission,

A%>A Provided that a bid is substantiay responsive, theEmploermayre0uest that the Bidder submit the necessary information ordocumentation, $ithin a reasonabe period of time, to rectifynonmateria nonconformities in the bid reated to documentationre0uirements% 3e0uesting information or documentation onsuch nonconformities sha not be reated to any aspect of theprice of the bid% "aiure of the Bidder to compy $ith the


39/186

Section !% !nstructions to Bidders AE7F

re0uest may resut in the reHection of its bid%

A%>7 Provided that a bid is substantiay responsive, the Emploersha rectify nonmateria nonconformities reated to the BidPrice% To this effect, the Bid Price sha be adHusted, for

comparison purposes ony, to refect the price of a missing ornonEconforming item or component% The adHustment sha bemade using the method indicated in Section !!!, +vauation andAualification&riteria,

3: -orrection of

*rithmetical

.rrors

A%>9 Provided that the bid is substantiay responsive, the Emploersha correct arithmetica errors on the foo$ing basis:

'a) if there is a discrepancy bet$een the unit price and thetota price that is obtained by mutipying the unit priceand 0uantity, the unit price sha prevai and the tota price

sha be corrected, uness in the opinion of the Emploerthere is an obvious mispacement of the decima point inthe unit price, in $hich case the tota price as 0uoted shagovern and the unit price sha be corrected;

'b) if there is an error in a tota corresponding to the additionor subtraction of subtotas, the subtotas sha prevai andthe tota sha be corrected; and

'c) if there is a discrepancy bet$een $ords and figures, theamount in $ords sha prevai, uness the amounte-pressed in $ords is reated to an arithmetic error, in

$hich case the amount in figures sha prevai subHect to'a) and 'b) above%

A%>@ !f the Bidder that submitted the o$est evauated bid does notaccept the correction of errors, its bid sha be dis0uaified%

32 -on#ersion to

,ingle

-urrency

A%>F "or evauation and comparison purposes, the currency'ies) of thebid sha be converted into a singe currency as specified in theBDS %

33 Margin of

Preference

A%>? )nless otherwise specified in the B3S(a margin of preferencesha not appy%

34 .#aluation of

BidsA%>C The +mpoyer sha use the criteria and methodoogies isted in

this &ause% 2o other evauation criteria or methodoogies shabe permitted%

A%> To evauate a bid, theEmploersha consider the foo$ing:

'a) the bid price,e-cuding Provisiona Sums and the


40/186

AE7? Section !% !nstructions to Bidders

provision, if any, for contingencies in the SummaryBill ofAuantities, but incuding Day$ork items, $here pricedcompetitivey;

'b) price adHustment for correction of arithmetic errors in

accordance $ith !TB 9A%A;

'c) price adHustment due to discounts offered in accordance$ith !TB A@%@;

'd) converting the amount resuting from appying 'a) to 'c)above, if reevant, to a singe currency in accordance $ith!TB 97;

'e) ad2ustment for nonconformities in accordance with I'B,;

'f)the e$aluation factors indicated in Section III( E$aluationand Aualification Criteria1

A%>> The estimated effect of the price adHustment provisions of the&onditions of &ontract, appied over the period of e-ecution ofthe &ontract, sha not be taken into account in bid evauation%

A%A88 !f this Bidding Document ao$s Bidders to 0uote separateprices for different lots "contracts#, and the a$ard to a singeBidder of mutipe lots 'contracts#, the methodoogy todetermine the o$est evauated price of the lot "contract#

combinations, incuding any discounts offered in the etter ofBid "orm, is specified in Section !!!, +vauation andAualification&riteria%

A%A8A !f the bid, $hich resuts in the o$est +vauated Bid Price, isseriousy unbaanced or front oaded in the opinion of theEmploer, the Emploer may re0uire the Bidder to producedetaied price anayses for any or a items of the Bill ofAuantities, to demonstrate the internal consistenc of thoseprices with the construction methods and schedule proposed,

&fter e$aluation of the price analses( taking into consideration

the schedule of estimated Contract paments(the Emploer marequire that the amount of the performance securit be

increased at the epense of the Bidder to a le$el sufficient to

protect the Emploer against financial loss in the e$ent ofdefault of the successful Bidder under the Contract%

3 -om!arison of

Bids

A%A87 TheEmploersha compare a substantiay responsive bids todetermine the o$est evauated bid, in accordance $ith !TB


41/186

Section !% !nstructions to Bidders AE7C

9@%7,

36 Qualification

of t)! Bidd!"

A%A89 The Emploer sha determine to its satisfaction $hether theBidder that is seected as having submitted the o$est evauatedand substantiay responsive bid meets the 0uaifying criteria

specified in Section !!!, +vauation and /uaification &riteria%

A%A8@ The determination sha be based upon an e-amination of thedocumentary evidence of the Bidders 0uaifications submittedby the Bidder, pursuant to !TB AC%A%

A%A8F 1n affirmative determination sha be a prere0uisite for a$ardof the &ontract to the Bidder% 1 negative determination sharesut in dis0uaification of the bid, in $hich event theEmploer sha proceed to the ne-t o$est evauated bid tomake a simiar determination of that Bidders 0uaifications to

perform satisfactoriy%

3E Emplo!"7s

/ight to *cce!t

*ny Bid( and

to /e"ect *ny

or *ll Bids

A%A8? TheEmploerreserves the right to accept or reHect any bid, andto annu the bidding process and reHect a bids at any time priorto contract a$ard, $ithout thereby incurring any iabiity toBidders% !n case of annument, a bids submitted andspecificay, bid securities, sha be prompty returned to theBidders%

' *5ard of -ontract

3C *5ard -riteria A%A8C The Emploersha a$ard the &ontract to the Bidder $hoseoffer has been determined to be the o$est evauated bid and issubstantiay responsive to the Bidding Document, providedfurther that the Bidder is determined to be 0uaified to performthe &ontract satisfactoriy%

3G 1otification of

*5ard

A%A8 Prior to the e-piration of the period of bid vaidity, theEmploersha notify the successfu Bidder, in $riting, that itsbid has been accepted% The notification etter 'hereinafter andin the &onditions of &ontract and &ontract "orms caed the


42/186


read out at Bid 4pening; 'iii) name and evauated prices of eachBid that $as evauated; 'iv) name of bidders $hose bids $erereHected and the reasons for their reHection; and 'v) name of the$inning Bidder, and the Price it offered, as $e as the durationand summary scope of the contract a$arded% %

A%A8> Unti a forma contract is prepared and e-ecuted, thenotification of a$ard sha constitute a binding &ontract%

A%AA8 'he Emploer shall promptl respond in writing to anunsuccessful Bidder who( after notification of award in

accordance with I'B 9,5( requests in writing the grounds onwhich its tender was not selected,

40 ,igning of

-ontract

A%AAA Prompty after notification, the Emploer sha send thesuccessfu Bidder the Contract &greement%

A%AA7 Within t$entyEeight '7) days of receipt of the Contract&greement, the successfu Bidder sha sign, date, and return itto theEmploer%

4: Performance

,ecurity

A%AA9 Within t$entyEeight '7) days of the receipt of notification ofa$ard from the Emploer, the successfu Bidder sha furnishthe performance security in accordance $ith the conditions ofcontract, subHect to !TB 9@%F, using for that purpose thePerformance Security "orm incuded in Section !, 1nne- tothe Particuar &onditions E &ontract "orms, or another formacceptabe to the Emploer% !f the performance security

furnished by the successfu Bidder is in the form of a bond, itsha be issued by a bonding or insurance company that hasbeen determined by the successfu Bidder to be acceptabe totheEmploer% 1 foreign institution providing a bond sha havea correspondent financia institution ocated in the Emploers&ountry%

A%AA@ "aiure of the successfu Bidder to submit the aboveEmentionedPerformance Security or sign the &ontract sha constitutesufficient grounds for the annument of the a$ard and forfeitureof the bid security% !n that event the Emploermay a$ard the

&ontract to the ne-t o$est evauated Bidder $hose offer issubstantiay responsive and is determined by theEmploer tobe 0uaified to perform the &ontract satisfactoriy%


43/186

AE7>

,ection && Bid Data ,heet

* &ntroduction

&TB :: The number of the !nvitation for Bids is :

&TB :: TheEmploeris:

&TB :: The name of the !&B is:

The identification numberof the !&B is:

The number and identification of lots "contracts# comprising this !&B is:

&TB 2: The Borro$er is:

&TB 2: The name of the ProHect is:

ITB +,- .a/ 'he indi$iduals or firms in a 2oint $enture( consortium or association 2ointl and se$erall liable,

B Bidding Document

&TB E: "or clarification !ur!osesony, theEmploers address is:

1ttention:Street 1ddress:"oor.3oom number:&ity:!P &ode:&ountry:Teephone:

"acsimie number:+ectronic mai address:

&TB E4 1 PreEBid meeting take pace at the foo$ing date, time and pace:

Date:Time:Pace:

1 site visit conducted by the +mpoyer organi#ed

- Pre!aration of Bids

ITB 01,0 'he language of the bid is.

&TB ::: $h% The Bidder sha submit $ith its bid the foo$ing additiona documents:

&TB :3: 1ternative bids NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNpermitted%


44/186

AE98

ITB 02,- &lternati$e times for completion permitted,

If alternati$e times for completion are permitted( the e$aluation methodwill be as specified in Section III( E$aluation and Aualification Criteria,

ITB 02,+ &lternati$e technical solutions shall be permitted for the following parts of

the !orks. If alternati$e technicalsolutions are permitted( the e$aluation method will be as specified in

Section III( E$aluation and Aualification Criteria

&TB :4 The prices 0uoted by the Bidder sha be:

&TB :: The currency'ies) of the bid sha be as follows.

&TB :C: The bid vaidity period sha be NNNNNNNNNNNNNNNNNNNNNNNNNNNNdays%

&TB :G: 1 bid security NNNNNNNNNNNNNNNNNNNNNNNNNNNN re0uired%

If a bid securit shall be required( the amount and currenc of the bidsecurit shall be

ITB 03,- .d/ Dther tpes of acceptable securities.

ITB 03,4 If the Bidder incurs in an of the actions prescribed in subparagraphs "a#

or "b# of this pro$ision( the Emploer will declare the Bidder ineligible tobe awarded contracts b the Emploer for a period of ears,

&TB 20: !n addition to the origina of the bid, the number of copies is:

&TB 202 The $ritten confirmation of authori#ation to sign on behaf of the Biddersha consist of:

D ,umission and

&TB 22: "or id sumission !ur!oses ony, theEmploers address is :

1ttention:Street 1ddress:"oor.3oom number:&ity:!P &ode:

&ountry:

The deadline for id sumission is)

Date:Time:

Bidders NNNNNNNNNNNNNNNhave the option of submitting their bidseectronicay%

!f bidders have the option of submitting their bids eectronicay, the


45/186

Section !!% Bid Data Sheet AE9A

eectronic bidding submission procedures sha be:

&TB 2: The bid opening sha take pace at:

Street 1ddress:"oor.3oom number:

&ity :&ountry:Date:

Time:

!f bidders have the option of submitting their bids eectronicay, theeectronic bid opening procedures sha be:

&TB 23 The etter of Bid and Bi of /uantities NNNNNNNNNNNNNbe initiaed byrepresentatives of the +mpoyer attending Bid opening%

!f initiai#ation is re0uired, it sha be conducted as foo$s:

. .#aluation( and -om!arison of Bids&TB 32: The currency'ies) of the Bid sha be converted into a singe currency as

foo$s: NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN

The currency that sha be used for bid evauation and comparison purposesto convert a bid prices e-pressed in various currencies into a singecurrency is: NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN

The source of e-change rate sha be:

The date for the e-change rate sha be:

ITB 22,0 & margin of preference appl,

If a margin of preference applies( the application methodolog shall be.


46/186

AE99

,ection &&& E(aluation and Qualification

C"it!"ia

.Follo5in# P"!'ualification/

This Section contains a the criteria that the +mpoyer sha use to evauate bids and 0uaifyBidders% In accordance with I'B = and I'B 7( no other factors( methods or criteria shallbe used,The Bidder sha provide a the information re0uested in the forms incuded inSection !(, Bidding "orms%


47/186

AE9@

0, E(aluation

In addition to the criteria listed in I'B =,> "a# G "e# the following criteria shallappl.

5,5 &ssessment of adequac of 'echnical 4roposal with equirements

5,> &lternati$e Completion 'ime( if permitted under I'B 5,>( will be e$aluated as

follows.OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

5, 'echnical alternati$es ( if permitted under I'B 5,=( will be e$aluated as follows.

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

2 Qualification

-,0 6pdat! of Info"mation

'he Bidder shall continue to meet the criteria used at the time of

prequalification,

-,- Financial esources

)sing the rele$ant Forms *o H and *oH in Section I+( Bidding Forms the

Bidder must demonstrate access to( or a$ailabilit of( financial resources

such as liquid assets( unencumbered real assets( lines of credit( and otherfinancial means( other than an contractual ad$ance paments to meet.

"i# the following cash-flow requirement.HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

and

"ii# the o$erall cash flow requirements for this contract and its current works

commitment,

23 P!"%onn!l


48/186

Section !!!% +vauation and /uaification &riteria AE9F

'he Bidder must demonstrate that it has the personnel for the ke positions

that meet the following requirements.

No, Po%ition Total Wo"7

Simila"

E8p!"i!nc!

.!a"%/

In Simila"

Wo"7%

E8p!"i!nc!

.!a"%/

5

>

=

6

'he Bidder shall pro$ide details of the proposed personnel and their

eperience records in the rele$ant Information Forms included in Section I+(

Bidding Forms,

-,+ E'uipm!nt

'he Bidder must demonstrate that it has the ke equipment listed hereafter.

No, E'uipm!nt Tp! and C)a"act!"i%tic% Minimum Num$!"

"!'ui"!d

5

>

=

6

'he Bidder shall pro$ide further details of proposed items of equipment using therele$ant Form in Section I+,


49/186

AE9? Section !!!% +vauation and /uaification &riteria

,ection &&& E(aluation and Qualification

C"it!"ia

.Wit)out P"!'ualification/This Section contains a the criteria that the +mpoyer sha use to evauate bids and 0uaifyBidders% In accordance with I'B = and I'B 7( no other factors( methods or criteria shallbe used,The Bidder sha provide a the information re0uested in the forms incuded inSection !(, Bidding "orms%


50/186

Section !!!% +vauation and /uaification &riteria AE9C

: E(aluation

In addition to the criteria listed in I'B =,> "a# G "e# the following criteria shallappl.

5,5 &ssessment of adequac of 'echnical 4roposal with equirements

5,> &lternati$e Completion 'ime( "if permitted under I'B 5,>( will be e$aluated as

follows.OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

5, 'echnical alternati$es ( if permitted under I'B 5,=( will be e$aluated as follows.

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

2 Qualification

2: Eli#i$ilit

>,5,5 *ationalit

>,5,> Conflict of Interest

>,5, Bank Ineligibilit

>,5,= ;o$ernment Dwned Entit

>,5,6 Ecluded as a matter of the Borrower,5 8istor of *on 4erforming Contracts

>,>,> 4ending %itigation

-,2 Financial Situation

>,,5 8istorical Financial 4erformance

>,,> &$erage &nnual Construction 'urno$er7%9%9 "inancia 3esources

)sing Forms CCC and F-5 in Section I+( Bidding Forms the Bidder mustdemonstrate access to( or a$ailabilit of( financial resources such as liquid


51/186

AE9 Section !!!% +vauation and /uaification &riteria

assets( unencumbered real assets( lines of credit( and other financial means(

other than an contractual ad$ance paments to meet.

"i# the following cash-flow requirement.

HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

and

"ii# the o$erall cash flow requirements for this contract and its current workscommitment,

-,+ E8p!"i!nc!

>,=,5 ;eneral Construction Eperience

>,=,> Specific Construction Eperience

2 P!"%onn!l

'he Bidder must demonstrate that it has the personnel for the ke positions that meetthe following requirements.

No, Po%ition Total Wo"7

Simila"

E8p!"i!nc!

.!a"%/

In Simila"

Wo"7%

E8p!"i!nc!

.!a"%/

5

>

=

6

'he Bidder shall pro$ide details of the proposed personnel and theireperience records using Forms 4E-5 and 4E-> included in Section I+(

Bidding Forms,

-,: E'uipm!nt

'he Bidder must demonstrate that it has the ke equipment listed hereafter.

No, E'uipm!nt Tp! and C)a"act!"i%tic% Minimum Num$!" "!'ui"!d

5

>

=

6


52/186

Section !!!% +vauation and /uaification &riteria AE9>

'he Bidder shall pro$ide further details of proposed items of equipment using the

Form EA) in Section I+,


53/186

AE@A

,ection &= Bidding 'orms

Tale of 'orms

Hetter of Bid43

*!!endi to Bid4

,chedule of *d"ustment Data4

Bill of >uantities4C

Technical Pro!osal4G

Personnel

-urrent -ontract -ommitments I Works in ProgressC

'inancial /esources G

'orm of Bid ,ecurity60

,!ecification4

Dra5ings

,u!!lementary &nformation6

1otification of *5ardG4


54/186

AE@7

-ontract *greementG

Performance ,ecurityG6

*d#ance Payment ,ecurity:00

/etention Money ,ecurity:02


55/186

AE@9 Section !(% Bidding "orms

Hetter of Bid

Date:!&B 2o%:!nvitation for Bid 2o%:

To: NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN

We, the undersigned, decare that:

'a) We have e-amined and have no reservations to the Bidding Document, incuding1ddenda issued in accordance $ith !nstructions to Bidders '!TB) ;

'b) We offer to e-ecute in conformity $ith the Bidding Document the foo$ing Works:

;

'c) The tota price of our Bid, e-cuding any discounts offered in item 'd) beo$ is:;

'd) The discounts offered and the methodoogy for their appication are:

;

'e) 4ur bid sha be vaid for a period of NNNNNNNNNNNNNNNNNNNNNNNNNNNN days from thedate fi-ed for the bid submission deadine in accordance $ith the Bidding Document,and it sha remain binding upon us and may be accepted at any time before thee-piration of that period;

'f) !f our bid is accepted, $e commit to obtain a performance security in accordance $iththe Bidding Document;

'g) !e( including an subcontractors or suppliers for an part of the contract ( ha$e or willha$e nationalities from eligible countries( in accordance with I'B-=,>:;

'h) We, including an subcontractors or suppliers for an part of the contract, do not haveany confict of interest in accordance $ith !TBE@%9;

'i) Weare not participating, as a Bidder or as a subcontractor, in more than one bid in thisbidding process in accordance $ith !TBE@%9, other than aternative offers submitted inaccordance $ith !TBEA9;


56/186

AE@@ Section !(% Bidding "orms

We, including an of our subcontractors or suppliers for an part of the contract( have notbeen decared ineigibe by the Bank, under the Emploer


57/186

Section !(% Bidding "orms AE@F

App!ndi8 to Bid

,chedule of *d"ustment Data

Hocal -urrency

Index code* Indexdescription*

Source ofindex*

Base valueand date*

Biddersrelated currency

amount

Biddersproposed

weighting

Nonadjustable A: *

B:

C:

D:

E:

Total 1.00


58/186

AE@? Section !(% Bidding "orms

'oreign -urrency

,tate ty!e) %%%%%%%%%%%%%%%%%%%%%%% 5!f the Bidder $ishes to 0uote in more than one foreign currency, this tabe shoud be repeated foreach foreign currency%6

&nde code &nde

descri!tion

,ource of

inde

Base #alue

and date

Bidder7s related

source currency

in ty!eIamount

.Fui#alent

in '-:

Bidder7s

!ro!osed

5eighting

1onad"ustale *) K

B)

-)

D)

.)

Total :00


59/186

Section !(% Bidding "orms AE@C

,ummary of Payment -urrencies

For...........................

[insert name of Section of the Works]

5Separate tabes may be re0uired if the various sections of the Works 'or of the Bi of /uantities) $i have substantiay different foreignand oca currency re0uirements% The +mpoyer shoud insert the names of each Section of the Works%6

1ame of !ayment

currency

*

*mount of

currency

B

/ate of echange

$local currency !er unit

of foreign%

-

Hocal currency

eFui#alent

- L * B

D

Percentage of

1et Bid Price $1BP%

:00-

1BP

Hocal currency

:00

'oreign currency :

'oreign currency 2

'oreign currency

1et Bid Price :0000

Pro#isional sums

e!ressed in local

currency

5To be entered bythe +mpoyer6

5To be entered by the+mpoyer6

B&D P/&-.


60/186

AE@ Section !(% Bidding "orms

Bill of Quantiti!%


61/186

Section !(% Bidding "orms AE@>

Technical Pro!osal

E Sit! O"#ani%ation

E M!t)od Stat!m!nt

E Mo$ili%ation Sc)!dul!

E Con%t"uction Sc)!dul!

E E'uipm!nt

E P!"%onn!l

E Ot)!"%


62/186


63/186

Section !(% Bidding "orms AEFA

M!t)od Stat!m!nt


64/186

AEF7 Section !(% Bidding "orms

Mo$ili%ation Sc)!dul!


65/186

Section !(% Bidding "orms AEF9

Con%t"uction Sc)!dul!


66/186

AEF@ Section !(% Bidding "orms

E'uipm!nt'orm .>

The Bidder sha provide ade0uate information to demonstrate ceary that it has the capabiityto meet the re0uirements for the key e0uipment isted in Section !!!, +vauation and

/uaification &riteria% 1 separate "orm sha be prepared for each item of e0uipment isted, orfor aternative e0uipment proposed by the Bidder%

Item of equipment

Equipmentinformation

2ame of manufacturer Mode and po$er rating

&apacity Kear of manufacture

Current status

&urrent ocation

Detais of current commitments

Source !ndicate source of the e0uipmentoOned o!ented o"eased oSpeciall# manufactured

4mit the foo$ing information for e0uipment o$ned by the Bidder%

4$ner 2ame of o$ner 1ddress of o$ner

Teephone &ontact name and tite

"a- Tee-

1greements Detais of renta . ease . manufacture agreements specific to the proHect


67/186


68/186

AEF? Section !(% Bidding "orms

'orm P./2

Resume of Proposed Personnel

1ame of Bidder

Position

!ersonnelinformation

1ame Date of irth

Professional Fualifications

!resentemployment

1ame of em!loyer

*ddress of em!loyer

Tele!hone -ontact $manager I !ersonnel officer%

'a .mail

Jo title Nears 5ith !resent em!loyer

Summari#e professiona e-perience over the ast 20#ears$ in re%erse c&ronolo'ical order( Indicate

particular tec&nical and mana'erial e)perience rele%ant to t&e project(

'rom To -om!any I Pro"ect I Position I /ele#ant technical and management e!erience


69/186

Section !(% Bidding "orms AEFC


70/186

AEF Section !(% Bidding "orms

'orm ---

-urrent -ontract -ommitments I Works in Progress

Bidders and each partner to a J(C&s&ould pro%ide information on t&eir current commitments on allcontracts t&at &a%e been aarded$ or for &ic& a letter of intent or acceptance &as been recei%ed$ or forcontracts approac&in' completion$ but for &ic& an unqualified$ full completion certificate &as #et to beissued(

2ame of contract +mpoyer,contact

address.te.fa-

(aue ofoutstanding $ork

'current US

e0uivaent)

+stimatedcompetion date

1verage monthyinvoicing overast si- months

'US.month)(

+(

,(

-(

.(

etc(


71/186

Section !(% Bidding "orms AEF>

'orm '&1:

'inancial /esources

Specify proposed sources of financing, such as i0uid assets, unencumbered rea assets, ines ofcredit, and other financia means, net of current commitments, avaiabe to meet the totaconstruction cash fo$ demands of the subHect contract or contracts as indicated in Section !!!,+vauation and /uaification &riteria

Source of financing 1mount 'US e0uivaent)

(

+(

,(

-(


72/186

AE?8 Section !(% Bidding "orms

Fo"mofBid ,ecurity

$Bank 8uarantee%

NNNNNNNNNNNNNNNNNNNNNNNNNN JBank


73/186

Section !(% Bidding "orms AE?A

OOOOOOOOOOOOOOOOOOOOOOOOOOOOO

Jsignature"s#K

Not!* All italici;!d t!8t i% fo" u%! in p"!pa"in# t)i% fo"m and %)all $! d!l!t!d f"om t)!final p"oduct,


74/186

AE?9

,ection = .ligile -ountries

&nsert header

.In%titution Sp!cific/


75/186

AE?@


76/186

7EA

P*/T 2 ;Works /eFuirements


77/186

7E9

,ection =& Wo"7%/eFuirements

-ontents


78/186

7E@

,!ecification


79/186

Section (!% !orks 3e0uirements 7EF

Dra5ings


80/186

7E? Section (!% !orks 3e0uirements

,u!!lementary &nformation


81/186

9EA

P*/T 3 ; -onditions of -ontract and -ontract 'orms


82/186

9E9

,ection =&& 8eneral -onditions $GC%


83/186

9E@

,ection =&& 8eneral -onditions $GC%

5*ame of EmploerK

5*ame of ContractK

The Genera &onditions that foo$ are the Bank *armoni#ed +dition of the &onditions of

&ontract for &onstruction prepared and copyrighted by the !nternationa "ederation of

&onsuting +ngineers 'Fdration Internationale des Ingnieurs-Conseils, or "!D!&), "!D!&

788FE1 rights reserved% This pubication is e-cusive for the use of Mutiatera

Deveopment Banks Borro$ers and their proHect impementing agencies as provided under

the icense 1greement dated NNNNNNNNNNNNNNNN53ate of &greement6, bet$een

NNNNNNNNNNNNNNN 5*ame of Bank6 and "!D!&, and, conse0uenty, no part of this pubication

may be reproduced, transated, adapted, stored in a retrieva system or communicated, in anyform or by any means, $hether mechanica, eectronic, magnetic, photocopying, recording or

other$ise, $ithout prior permission in $riting from "!D!&, e-cept by the +mpoyer

identified above and ony for the e-cusive purpose of preparing these Standard Bidding

Documents for the &ontract aso identified above%


84/186

Section (!!% Genera &onditions 9EF

/eneral Conditions

/eneral 0ro%isions

( Definitions

In t&e Conditions of Contract 12t&ese Conditions34$ &ic& include 0articular Conditions$ 0arts A and B$ and t&ese/eneral Conditions$ t&e folloin' ords and e)pressions s&all &a%e t&e meanin's stated( 5ords indicatin'persons or parties include corporations and ot&er le'al entities$ e)cept &ere t&e conte)t requires ot&erise(

1.1.1 The Contract

((( 2Contract3 means t&e Contract A'reement$ t&e "etter of Acceptance$ t&e "etter of6ender$ t&ese Conditions$ t&e Specification$ t&e Drain's$ t&e Sc&edules$ and t&efurt&er documents 1if an#4 &ic& are listed in t&e Contract A'reement or in t&e "etterof Acceptance(

(((+ 2Contract A'reement3 means t&e contract a'reement 1if an#4 referred to in Sub7Clause (8 9Contract A'reement(

(((, 2"etter of Acceptance3 means t&e letter of formal acceptance$ si'ned b# t&e Emplo#er$of t&e "etter of 6ender$ includin' an# anne)ed memoranda comprisin' a'reementsbeteen and si'ned b# bot& 0arties( If t&ere is no suc& letter of acceptance$ t&ee)pression 2"etter of Acceptance3 means t&e Contract A'reement and t&e date ofissuin' or recei%in' t&e "etter of Acceptance means t&e date of si'nin' t&e Contract

A'reement(

(((- 2"etter of 6ender3 means t&e document entitled letter of tender or letter of bid$ &ic&as completed b# t&e Contractor and includes t&e si'ned offer to t&e Emplo#er for t&e

5or;s(

(((. 2Specification3 means t&e document entitled specification$ as included in t&e Contract$and an# additions and modifications to t&e specification in accordance it& t&eContract( Suc& document specifies t&e 5or;s(

(((8 2Drain's3 means t&e drain's of t&e 5or;s$ as included in t&e Contract$ and an#additional and modified drain's issued b# 1or on be&alf of4 t&e Emplo#er inaccordance it& t&e Contract(

(((< 2Sc&edules3 means t&e document1s4 entitled sc&edules$ completed b# t&e Contractorand submitted it& t&e "etter of 6ender$ as included in t&e Contract( Suc& documentma# include t&e Bill of =uantities$ data$ lists$ and sc&edules of rates and>or prices(

(((? 26ender3 means t&e "etter of 6ender and all ot&er documents &ic& t&e Contractorsubmitted it& t&e "etter of 6ender$ as included in t&e Contract(

(((@ 2Bill of =uantities3$ 2Da#or; Sc&edule3 and 2Sc&edule of 0a#ment Currencies3 meant&e documents so named 1if an#4 &ic& are comprised in t&e Sc&edules(

((( 2Contract Data3 means t&e pa'es completed b# t&e Emplo#er entitled contract data&ic& constitute 0art A of t&e 0articular Conditions(


85/186

9E? Section (!!% Genera &onditions

1.1.2 Parties and Persons

((+( 20art#3 means t&e Emplo#er or t&e Contractor$ as t&e conte)t requires(

((+(+ 2Emplo#er3 means t&e person named as emplo#er in t&e Contract Data and t&e le'alsuccessors in title to t&is person(

((+(, 2Contractor3 means t&e person1s4 named as contractor in t&e "etter of 6enderaccepted b# t&e Emplo#er and t&e le'al successors in title to t&is person1s4(

((+(- 2En'ineer3 means t&e person appointed b# t&e Emplo#er to act as t&e En'ineer fort&e purposes of t&e Contract and named in t&e Contract Data$ or ot&er personappointed from time to time b# t&e Emplo#er and notified to t&e Contractor under Sub7Clause ,(- 9!eplacement of t&e En'ineer(

((+(. 2Contractors !epresentati%e3 means t&e person named b# t&e Contractor in t&eContract or appointed from time to time b# t&e Contractor under Sub7Clause -(,9Contractors !epresentati%e$ &o acts on be&alf of t&e Contractor(

((+(8 2Emplo#ers 0ersonnel3 means t&e En'ineer$ t&e assistants referred to in Sub7Clause,(+ 9Dele'ation b# t&e En'ineer and all ot&er staff$ labour and ot&er emplo#ees of t&eEn'ineer and of t&e Emplo#er and an# ot&er personnel notified to t&e Contractor$ b#t&e Emplo#er or t&e En'ineer$ as Emplo#ers 0ersonnel(

((+(< 2Contractors 0ersonnel3 means t&e Contractors !epresentati%e and all personnel&om t&e Contractor utilises on Site$ &o ma# include t&e staff$ labour and ot&eremplo#ees of t&e Contractor and of eac& Subcontractor and an# ot&er personnelassistin' t&e Contractor in t&e e)ecution of t&e 5or;s(

((+(? 2Subcontractor3 means an# person named in t&e Contract as a subcontractor$ or an#person appointed as a subcontractor$ for a part of t&e 5or;s and t&e le'al successorsin title to eac& of t&ese persons(

((+(@ 2DB3 means t&e person or t&ree persons appointed under Sub7Clause +(+9Appointment of t&e Dispute Board or Sub7Clause +(, 9ailure to A'ree on t&e

Composition of t&e Dispute Board

((+( 2IDIC3 means t&e dration Internationale des In'nieurs7Conseils$ t&einternational federation of consultin' en'ineers(

((+( 2Ban;3 means t&e financin' institution 1if an#4 named in t&e Contract Data(

((+(+ 2Borroer3 means t&e person 1if an#4 named as t&e borroer in t&e Contract Data(

1.1.3 Dates, Tests, Periods and Completion

((,( 2Base Date3 means t&e date +? da#s prior to t&e latest date for submission andCompletion of t&e 6ender(

((,(+ 2Commencement Date3 means t&e date notified under Sub7Clause ?(9Commencement of 5or;s(

((,(, 26ime for Completion3 means t&e time for completin' t&e 5or;s or a Section 1as t&ecase ma# be4 under Sub7Clause ?(+ 96ime for Completion$ as stated in t&e ContractData 1it& an# e)tension under Sub7Clause ?(- 9E)tension of 6ime for Completion4$calculated from t&e Commencement Date(


86/186

Section (!!% Genera &onditions 9EC

((,(- 26ests on Completion3 means t&e tests &ic& are specified in t&e Contract or a'reedb# bot& 0arties or instructed as a Fariation$ and &ic& are carried out under Clause @96ests on Completion before t&e 5or;s or a Section 1as t&e case ma# be4 are ta;eno%er b# t&e Emplo#er(

((,(. 26a;in'7O%er Certificate3 means a certificate issued under Clause 9Emplo#ers

6a;in' O%er(((,(8 26ests after Completion3 means t&e tests 1if an#4 &ic& are specified in t&e Contract

and &ic& are carried out in accordance it& t&e Specification after t&e 5or;s or aSection 1as t&e case ma# be4 are ta;en o%er b# t&e Emplo#er(

((,(< 2Defects Notification 0eriod3 means t&e period for notif#in' defects in t&e 5or;s or aSection 1as t&e case ma# be4 under Sub7Clause ( 9Completion of Outstandin'5or; and !emed#in' Defects$ as&ic& e)tends o%er tel%e mont&s e)cept ifot&erise stated in t&e Contract Data 1it& an# e)tension under Sub7Clause (,9E)tension of Defects Notification 0eriod4$ calculated from t&e date on &ic& t&e5or;s or Section is completed as certified under Sub7Clause ( 96a;in' O%er of t&e5or;s and Sections(

((,(? 20erformance Certificate3 means t&e certificate issued under Sub7Clause (@90erformance Certificate(

(,(@ 2da#3 means a calendar da# and 2#ear3 means ,8. da#s(

1.1.4 Money and Payments

((-( 2Accepted Contract Amount3 means t&e amount accepted in t&e "etter of Acceptancefor t&e e)ecution and completion of t&e 5or;s and t&e remed#in' of an# defects(

((-(+ 2Contract 0rice3 means t&e price defined in Sub7Clause -( 96&e Contract 0rice$ andincludes adjustments in accordance it& t&e Contract(

((-(, 2Cost3 means all e)penditure reasonabl# incurred 1or to be incurred4 b# t&eContractor$ &et&er on or off t&e Site$ includin' o%er&ead and similar c&ar'es$ but

does not include profit(

((-(- 2inal 0a#ment Certificate3 means t&e pa#ment certificate issued under Sub7Clause-(, 9Issue of inal 0a#ment Certificate(

((-(. 2inal Statement3 means t&e statement defined in Sub7Clause -( 9Application forinal 0a#ment Certificate(

((-(8 2orei'n Currenc#3 means a currenc# in &ic& part 1or all4 of t&e Contract 0rice ispa#able$ but not t&e "ocal Currenc#(

((-(< 2Interim 0a#ment Certificate3 means a pa#ment certificate issued under Clause -9Contract 0rice and 0a#ment$ ot&er t&an t&e inal 0a#ment Certificate(

((-(? 2"ocal Currenc#3 means t&e currenc# of t&e Countr#(

((-(@ 20a#ment Certificate3 means a pa#ment certificate issued under Clause - 9Contract0rice and 0a#ment (

((-( 20ro%isional Sum3 means a sum 1if an#4 &ic& is specified in t&e Contract as apro%isional sum$ for t&e e)ecution of an# part of t&e 5or;s or for t&e suppl# of 0lant$Gaterials or ser%ices under Sub7Clause ,(. 90ro%isional Sums(


87/186

9E Section (!!% Genera &onditions

((-( 2!etention Gone#3 means t&e accumulated retention mone#s &ic& t&e Emplo#erretains under Sub7Clause -(, 9Application for Interim 0a#ment Certificates and pa#sunder Sub7Clause -(@ 90a#ment of !etention Gone#(

((-(+ 2Statement3 means a statement submitted b# t&e Contractor as part of an application$under Clause - 9Contract 0rice and 0a#ment$ for a pa#ment certificate(

1.1.5 or!s and "oods

((.( 2Contractors Equipment3 means all apparatus$ mac&iner#$ %e&icles and ot&er t&in'srequired for t&e e)ecution and completion of t&e 5or;s and t&e remed#in' of an#defects( Hoe%er$ Contractors Equipment e)cludes 6emporar# 5or;s$ Emplo#ersEquipment 1if an#4$ 0lant$ Gaterials and an# ot&er t&in's intended to form or formin'part of t&e 0ermanent 5or;s(

((.(+ 2/oods3 means Contractors Equipment$ Gaterials$ 0lant and 6emporar# 5or;s$ oran# of t&em as appropriate(

((.(, 2Gaterials3 means t&in's of all ;inds 1ot&er t&an 0lant4 intended to form or formin' partof t&e 0ermanent 5or;s$ includin' t&e suppl#7onl# materials 1if an#4 to be supplied b#

t&e Contractor under t&e Contract(((.(- 20ermanent 5or;s3 means t&e permanent or;s to be e)ecuted b# t&e Contractor

under t&e Contract(

((.(. 20lant3 means t&e apparatus$ mac&iner# and %e&icles ot&er equipment intended toform or formin' part of t&e 0ermanent 5or;s$ includin' %e&icles purc&ased for t&eEmplo#er and relatin' to t&e construction or operation of t&e 5or;s((

((.(8 2Section3 means a part of t&e 5or;s specified in t&e Contract Data as a Section 1ifan#4(

((.(< 26emporar# 5or;s3 means all temporar# or;s of e%er# ;ind 1ot&er t&an ContractorsEquipment4 required on Site for t&e e)ecution and completion of t&e 0ermanent5or;s and t&e remed#in' of an# defects(

((.(? 25or;s3 mean t&e 0ermanent 5or;s and t&e 6emporar# 5or;s$ or eit&er of t&em asappropriate(

1.1.# $ther Definitions

((8( 2Contractors Documents3 means t&e calculations$ computer pro'rams and ot&ersoftare$ drain's$ manuals$ models and ot&er documents of a tec&nical nature 1ifan#4 supplied b# t&e Contractor under t&e Contract(

((8(+ 2Countr#3 means t&e countr# in &ic& t&e Site 1or most of it4 is located$ &ere t&e0ermanent 5or;s are to be e)ecuted(

((8(, 2Emplo#ers Equipment3 means t&e apparatus$ mac&iner# and %e&icles 1if an#4 made

a%ailable b# t&e Emplo#er for t&e use of t&e Contractor in t&e e)ecution of t&e 5or;s$as stated in t&e Specification but does not include 0lant &ic& &as not been ta;eno%er b# t&e Emplo#er(

((8(- 2orce Gajeure3 is defined in Clause @ 9orce Gajeure(

((8(. 2"as3 means all national 1or state4 le'islation$ statutes$ ordinances and ot&er las$and re'ulations and b#7las of an# le'all# constituted public aut&orit#(


88/186

Section (!!% Genera &onditions 9E>

((8(8 20erformance Securit#3 means t&e securit# 1or securities$ if an#4 under Sub7Clause-(+ 90erformance Securit#(

((8(< 2Site3 means t&e places &ere t&e 0ermanent 5or;s are to be e)ecuted includin'stora'e and or;in' areas and to &ic& 0lant and Gaterials are to be deli%ered$ andan# ot&er places as ma# be specified in t&e Contract as formin' part of t&e Site(

((8(? 2nforeseeable3 means not reasonabl# foreseeable and a'ainst &ic& adequatepre%enti%e precautions could not reasonabl# be ta;en b# an e)perienced contractorb# t&e date for submission of t&e 6enderBase Date(

((8(@ 2Fariation3 means an# c&an'e to t&e 5or;s$ &ic& is instructed or appro%ed as a%ariation under Clause , 9Fariations and Adjustments(

(+ Interpretation

In t&e Contract$ e)cept &ere t&e conte)t requires ot&erise

1a4 ords indicatin' one 'ender include all 'enders

1b4 ords indicatin' t&e sin'ular also include t&e plural and ords indicatin' t&e plural also includet&e sin'ular

1c4 pro%isions includin' t&e ord 2a'ree3$ 2a'reed3 or 2a'reement3 require t&e a'reement to berecorded in ritin'

1d4 2ritten3 or 2in ritin'3 means &and7ritten$ t#pe7ritten$ printed or electronicall# made$ andresultin' in a permanent record

1e4 t&e ord 2tender3 is s#non#mous it& 2bid3 and 2tenderer3 it& 2bidder3 and t&e ords 2tenderdocuments3 it& 2biddin' documents3(

6&e mar'inal ords and ot&er &eadin's s&all not be ta;en into consideration in t&e interpretation oft&ese Conditions(

In t&ese Conditions$ pro%isions includin' t&e e)pression JCost plus profitJ require t&is profit to be oneone7tentiet& 1.K4 of t&is Cost unless ot&erise indicated in t&e Contract Data(

(, Communications

5&ere%er t&ese Conditions pro%ide for t&e 'i%in' or issuin' of appro%als$ certificates$ consents$determinations$ notices$ requests and disc&ar'es$ t&ese communications s&all be:

1a4 in ritin' and deli%ered b# &and 1a'ainst receipt4$ sent b# mail or courier$ or transmitted usin'an# of t&e a'reed s#stems of electronic transmission as stated in t&e Contract Data and

1b4 deli%ered$ sent or transmitted to t&e address for t&e recipients communications as stated in t&e

Contract Data( Hoe%er:

1i4 if t&e recipient 'i%es notice of anot&er address$ communications s&all t&ereafter bedeli%ered accordin'l# and

1ii4 if t&e recipient &as not stated ot&erise &en requestin' an appro%al or consent$ it ma#be sent to t&e address from &ic& t&e request as issued(


89/186

9EA8 Section (!!% Genera &onditions

Appro%als$ certificates$ consents and determinations s&all not be unreasonabl# it&&eld ordela#ed( 5&en a certificate is issued to a 0art#$ t&e certifier s&all send a cop# to t&e ot&er 0art#(5&en a notice is issued to a 0art#$ b# t&e ot&er 0art# or t&e En'ineer$ a cop# s&all be sent tot&e En'ineer or t&e ot&er 0art#$ as t&e case ma# be(

(- "a and "an'ua'e

6&e Contract s&all be 'o%erned b# t&e la of t&e countr# or ot&er jurisdiction stated in t&e Contract Data(

6&e rulin' lan'ua'e of t&e Contract s&all be t&at stated in t&e Contract Data(

6&e lan'ua'e for communications s&all be t&at stated in t&e Contract Data( If no lan'ua'e is statedt&ere$ t&e lan'ua'e for communications s&all be t&e rulin' lan'ua'e of t&e Contract(

(. 0riorit# of Documents

6&e documents formin' t&e Contract are to be ta;en as mutuall# e)planator# of one anot&er( or t&epurposes of interpretation$ t&e priorit# of t&e documents s&all be in accordance it& t&e folloin'

sequence:

1a4 t&e Contract A'reement 1if an#4$

1b4 t&e "etter of Acceptance$

1c4 t&e "etter of 6ender$

1d4 t&e 0articular Conditions L 0art A$

1e4 t&e 0articular Conditions L 0art B

1f4 t&ese /eneral Conditions$

1'4 t&e Specification$

1&4 t&e Drain's$ and

1i4 t&e Sc&edules and an# ot&er documents formin' part of t&e Contract(

If an ambi'uit# or discrepanc# is found in t&e documents$ t&e En'ineer s&all issue an# necessar#clarification or instruction(

(8 Contract A'reement

6&e 0arties s&all enter into a Contract A'reement it&in +? da#s after t&e Contractor recei%es t&e "etterof Acceptance$ unless t&e# a'reet&e 0articular Conditions establis&ot&erise( 6&e Contract A'reements&all be based upon t&e form anne)ed to t&e 0articular Conditions( 6&e costs of stamp duties and similarc&ar'es 1if an#4 imposed b# la in connection it& entr# into t&e Contract A'reement s&all be borne b#t&e Emplo#er(

(< Assi'nment

Neit&er 0art# s&all assi'n t&e &ole or an# part of t&e Contract or an# benefit or interest in or under t&eContract( Hoe%er$ eit&er 0art#:


90/186

Section (!!% Genera &onditions 9EAA

1a4 ma# assi'n t&e &ole or an# part it& t&e prior a'reement of t&e ot&er 0art#$ at t&e solediscretion of suc& ot&er 0art#$ and

1b4 ma#$ as securit# in fa%our of a ban; or financial institution$ assi'n its ri'&t to an# mone#s due$ orto become due$ under t&e Contract(

(? Care and Suppl# of Documents

6&e Specification and Drain's s&all be in t&e custod# and care of t&e Emplo#er( nless ot&erisestated in t&e Contract$ to copies of t&e Contract and of eac& subsequent Drain' s&all be supplied tot&e Contractor$ &o ma# ma;e or request furt&er copies at t&e cost of t&e Contractor

Eac& of t&e Contractors Documents s&all be in t&e custod# and care of t&e Contractor$ unless and untilta;en o%er b# t&e Emplo#er( nless ot&erise stated in t&e Contract$ t&e Contractor s&all suppl# to t&eEn'ineer si) copies of eac& of t&e Contractors Documents(

The Contractor shall !eep, on the %ite, a copy of the Contract, pu&lications named in the%pecification, the Contractor's Documents (if any), the Dra*in+s and ariations and othercommunications +i-en under the Contract. The mployer's Personnel shall ha-e the ri+ht of

access to all these documents at all reasona&le times.

If a 0art# becomes aare of an error or defect in a document &ic& as prepared for use in e)ecutin't&e 5or;s$ t&e 0art# s&all promptl# 'i%e notice to t&e ot&er 0art# of suc& error or defect(

(@ Dela#ed Drain's or Instructions

6&e Contractor s&all 'i%e notice to t&e En'ineer &ene%er t&e 5or;s are li;el# to be dela#ed ordisrupted if an# necessar# drain' or instruction is not issued to t&e Contractor it&in a particular time$&ic& s&all be reasonable( 6&e notice s&all include details of t&e necessar# drain' or instruction$ detailsof and b# &en it s&ould be issued$ and details of t&e nature and amount of t&e dela# or disruptionli;el# to be suffered if it is late(

/f the Contractor suffers delay and0or incurs Cost as a result of a failure of the n+ineer toissue the notified dra*in+ or instruction *ithin a time *hich is reasona&le and is specifiedin the notice *ith supportin+ details, the Contractor shall +i-e a further notice to then+ineer and shall &e entitled su&ect to %u&Clause 2.1 Contractor's Claims to6

1a4 an e)tension of time for an# suc& dela#$ if completion is or ill be dela#ed$ under Sub7Clause ?(-9E)tension of 6ime for Completion$ and

1b4 pa#ment of an# suc& Cost plus profit$ &ic& s&all be included in t&e Contract 0rice(

After recei%in' t&is furt&er notice$ t&e En'ineer s&all proceed in accordance it& Sub7Clause ,(.9Determinations to a'ree or determine t&ese matters(

Hoe%er$ if and to t&e e)tent t&at t&e En'ineers failure as caused b# an# error or dela# b# t&eContractor$ includin' an error in$ or dela# in t&e submission of$ an# of t&e Contractors Documents$ t&eContractor s&all not be entitled to suc& e)tension of time$ Cost or profit(

( Emplo#ers se of Contractors Documents

As beteen t&e 0arties$ t&e Contractor s&all retain t&e cop#ri'&t and ot&er intellectual propert# ri'&ts int&e Contractors Documents and ot&er desi'n documents made b# 1or on be&alf of4 t&e Contractor(


91/186

9EA7 Section (!!% Genera &onditions

6&e Contractor s&all be deemed 1b# si'nin' t&e Contract4 to 'i%e to t&e Emplo#er a non7terminabletransferable non7e)clusi%e ro#alt#7free licence to cop#$ use and communicate t&e ContractorsDocuments$ includin' ma;in' and usin' modifications of t&em( 6&is licence s&all:

1a4 appl# t&rou'&out t&e actual or intended or;in' life 1&ic&e%er is lon'er4 of t&e rele%ant parts oft&e 5or;s$

1b4 entitle an# person in proper possession of t&e rele%ant part of t&e 5or;s to cop#$ use andcommunicate t&e Contractors Documents for t&e purposes of completin'$ operatin'$maintainin'$ alterin'$ adjustin'$ repairin' and demolis&in' t&e 5or;s$ and

1c4 in t&e case of Contractors Documents &ic& are in t&e form of computer pro'rams and ot&ersoftare$ permit t&eir use on an# computer on t&e Site and ot&er places as