Standard Procurement Document PDF

**STANDARD PROCUREMENT DOCUMENT** **Request for Bids Textbooks and Reading Materials** C:\\Users\\WB483914\\Pictures\\imagesbank.png This document is subject to copyright. This document may be used and reproduced for non-commercial purposes only. Any commercial use, including without limitation...

**STANDARD PROCUREMENT DOCUMENT** **Request for Bids Textbooks and Reading Materials** C:\\Users\\WB483914\\Pictures\\imagesbank.png This document is subject to copyright. This document may be used and reproduced for non-commercial purposes only. Any commercial use, including without limitation reselling, charging to access, redistribute, or for derivative works such as unofficial translations based on this document is not allowed. **Revisions** **October 2017** This revision dated October 2017 incorporates new provisions on beneficial ownership and Direct Payment. **January 2017** **This revision dated January, 2017 includes a template for notification of intention to award a contract. A few editorial enhancements have also been made.** **July 2016** **This revision dated July, 2016 incorporates a number of changes reflecting the *Procurement Regulations for IPF Borrowers,* July 2016.** **April 2015** This revision dated April, 2015 expands paragraph (j) of Section IV Letter of Bid on eligibility of Bidders. **May 2014** This revision dated May, 2014 incorporates a number of changes reflecting the experience of the Bank in using previous versions of this document (last updated version was dated May 2004), corrects inconsistencies within document clauses, and incorporates the changes as per the Guidelines for Procurement of Goods, Works and Non-Consulting Services, issued in January, 2011. **Foreword** This Standard Procurement Document (SPD) for Textbooks and Reading Materials has been prepared by the World Bank. This SPD derives from the Master Bidding Document for procurement of Goods, prepared by the participating Multilateral Development Banks and International Financing Institutions. This SPD has been updated to reflect the World Bank's *Procurement Regulations for IPF Borrowers, July, 2016* as amended from time to time. This SPD is applicable to the procurement of Textbooks funded by IBRD or IDA financed projects whose Legal Agreement makes reference to the *Procurement Regulations for IPF Borrowers*. **Preface** This Standard Procurement Document (SPD) for the procurement of Textbooks and Reading Materials (referred to as "Textbooks" in the remaining of this document) has been prepared for use in contracts financed by the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)[^1^](#fn1){#fnref1.footnote-ref}. This SPD is to be used for the procurement of Textbooks through international competitive procurement using a Request for Bids (RFB) method, in projects that are financed, in whole or in part, by the World Bank through Investment Project Financing. This SPD for procurement of Textbooks assumes that no prequalification has taken place before Bidding. To obtain further information on procurement under World Bank-assisted projects or for question regarding the use of this SBD, contact: Chief Procurement Officer Standards, Procurement and Financial Management Department The World Bank 1818 H Street, NW Washington, D.C. 20433 U.S.A. [http://www.worldbank.org] Standard Procurement Document **Summary** **Specific Procurement Notice** **Specific Procurement Notice - Request for Bids (RFB)** The template attached is the Specific Procurement Notice for Request for Bids method. This is the template to be used by the Borrower. **Bidding Document: Request for Bids -- Textbooks and Reading Materials** **PART 1 -- BIDDING PROCEDURES** **Section I - Instructions to Bidders (ITB)** This Section provides 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 Section I, Instructions to Bidders. **Section III - Evaluation and Qualification Criteria** This Section specifies which of the following methodology will be used to determine the Most Advantageous Bid. The methodology options are: **Section IV - Bidding Forms** This Section includes the forms for the **Bid Submission, Price Schedules, Bid Security, and** the Copyright **Authorization to be submitted completed by the Bidder and submitted as part of his Bid.** **Section V - Eligible Countries** This Section contains information regarding eligible countries. **Section VI - Fraud and Corruption** This section includes the Fraud and Corruption provisions which apply to this Bidding process. **PART 2 -- SUPPLY REQUIREMENTS** **Section VII - Schedule of Requirements** This Section includes the List of Textbooks and Related Services, the Delivery and Completion Schedules, the Technical Specifications that describe the Goods and Related Services to be procured. **PART 3 -- CONDITIONS OF CONTRACT AND CONTRACT FORMS** **Section VIII -General Conditions of Contract** This Section includes the general clauses to be applied in all contracts. **The text of the clauses in this Section shall not be modified.** **Section IX -** **Special Conditions of Contract** This Section consists of Contract Data and Specific Provisions which contains clauses specific to each contract. The contents of this Section modify or supplement, but not over-write, the General Conditions and shall be prepared by the Purchaser. **Section X - Contract Forms** This Section contains the Letter of Acceptance, Contract Agreement and other relevant forms. **Specific Procurement Notice** =============================== **Template** ============ **Request for Bids** ==================== **Textbooks and Reading Materials** =================================== ***Purchaser*:** *\[insert the name of the Purchaser's agency\]* **Project: *\[insert name of project\]*** ***Contract title*:** *\[insert the name of the contract\]* **Country:** *\[insert country where RFB is issued\]* **Loan No. /Credit No. / Grant No.:** *\[insert reference number for loan/credit/grant\]* **RFB No:** *\[insert RFB reference number from Procurement Plan\]* **Issued on:** *\[insert date when RFB is issued to the market\]* 1\. The *\[insert name of Borrower/Beneficiary/Recipient\] \[has received/has applied for/intends to apply for\]* financing from the World Bank toward the cost of the \[*insert name of project or grant*\], and intends to apply part of the proceeds toward payments under the contract[^2^](#fn2){#fnref2.footnote-ref}for \[*insert title of contract*\][^3^](#fn3){#fnref3.footnote-ref}. ***\[Insert if applicable: "For this contract, the Borrower shall process the payments using the Direct Payment disbursement method, as defined in the World Bank's Disbursement Guidelines for Investment Project Financing, except for those payments, which the contract provides to be made through letter of credit."\]*** 2\. The *\[insert name of implementing agency\]* now invites sealed Bids from eligible Bidders for *\[insert brief description of textbooks and reading materials required, including quantities, location, delivery period, margin of preference if applicable, etc.\]*[^4^](#fn4){#fnref4.footnote-ref}. 3\. Bidding will be conducted through international competitive procurement using a Request for Bids (RFB) as specified in the World Bank's "Procurement Regulations for IPF Borrowers" *\[insert date of applicable Procurement Regulations edition as per legal agreement\]* ("Procurement Regulations"), and is open to all eligible Bidders as defined in the Procurement Regulations. 4\. Interested eligible Bidders may obtain further information from *\[insert name of implementing agency, insert name and e-mail of officer in charge\]* and inspect the bidding document during office hours *\[insert office hours if applicable i.e. 0900 to 1700 hours\]* at the address given below *\[state address at the end of this RFB\]* [^5^](#fn5){#fnref5.footnote-ref}*.* 5\. The bidding document in \[*insert name of language*\] may be purchased by interested Bidders upon the submission of a written application to the address below and upon payment of a nonrefundable fee[^6^](#fn6){#fnref6.footnote-ref} of \[*insert amount in Borrower's currency or in a convertible currency*\]. The method of payment will be \[*insert method of payment*\].[^7^](#fn7){#fnref7.footnote-ref} The document will be sent by \[*insert delivery procedure*\].[^8^](#fn8){#fnref8.footnote-ref} 6\. Bids must be delivered to the address below *\[state address at the end of this RFB\]*[^9^](#fn9){#fnref9.footnote-ref} on or before *\[insert time and date\].* Electronic Bidding will *\[will not\]* be permitted. Late Bids will be rejected. Bids will be publicly opened in the presence of the Bidders' designated representatives and anyone who chooses to attend at the address below *\[state address at the end of this RFB\]* on *\[insert time and date\]*. 7\. All Bids must be accompanied by a *\[insert "Bid Security" or "Bid-Securing Declaration," as appropriate\]* of *\[insert amount and currency in case of a Bid Security\]*. *8.* \[*Insert* *this paragraph if applicable in accordance with the Procurement Plan*: "Attention is drawn to the Procurement Regulations requiring the Borrower to disclose information on the successful bidder's beneficial ownership, as part of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as included in the bidding document."\] *9. The address(es) referred to above is (are): \[insert detailed address(es)\]* *\[Insert name of office\]* *\[Insert name of officer and title\]* *\[Insert postal address and/or street address, postal code, city and country\]* *\[Insert telephone number, country and city codes\]* *\[Insert facsimile number, country and city codes\]* *\[Insert email address\]* *\[Insert web site address\]* **Request for Bids** **Textbooks** **Procurement of:** *\[insert identification of the Textbooks/ Reading Materials\]* \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ***Purchaser*:** *\[insert the name of the Purchaser's agency\]* **Project: *\[insert name of project\]*** ***Contract title*:** *\[insert the name of the contract\]* **Country:** *\[insert country where RFB is issued\]* **Loan No. /Credit No. / Grant No.:** *\[insert reference number for loan/credit/grant\]* **RFB No:** *\[insert RFB reference number from Procurement Plan\]* **Issued on:** *\[insert date when RFB is issued to the market\]* **Table of Contents** PART 1 -- Bidding Procedures 3 Section I - Instructions to Bidders 4 Section II - Bid Data Sheet (BDS) 33 Section III - Evaluation and Qualification Criteria 41 Section IV - Bidding Forms 55 Section V - Eligible Countries 75 Section VI - Fraud and Corruption 77 PART 2 -- Supply Requirements 79 Section VII - Schedule of Requirements 81 PART 3 - Contract 89 Section VIII - General Conditions of Contract 91 Section IX - Special Conditions of Contract 113 Section X - Contract Forms 121 PART 1 -- Bidding Procedures ============================ **\ ** ------------------------------------- Section I - Instructions to Bidders ------------------------------------- **Contents** A. General 6 1\. Scope of Bid 6 2\. Source of Funds 6 3\. Fraud and Corruption 7 4\. Eligible Bidders 7 5\. Eligible Goods and Related Services 10 B. Contents of Bidding Document 10 6\. Sections of Bidding Document 10 7\. Clarification of Bidding Document 11 8\. Amendment of Bidding Document 11 C. Preparation of Bids 11 9\. Cost of Bidding 11 10\. Language of Bid 11 11\. Documents Comprising the Bid 12 12\. Letter of Bid and Price Schedules 13 13\. Alternative Bids 13 14\. Bid Prices and Discounts 13 15\. Currencies of Bid and Payment 15 16\. Documents Establishing the Eligibility and Conformity of the Goods and Related Services 15 17\. Documents Establishing the Eligibility and Qualifications of the Bidder 16 18\. Period of Validity of Bids 17 19\. Bid Security 17 20\. Format and Signing of Bid 19 D. Submission and Opening of Bids 20 21\. Sealing and Marking of Bids 20 22\. Deadline for Submission of Bids 20 23\. Late Bids 21 24\. Withdrawal, Substitution, and Modification of Bids 21 25\. Bid Opening 21 E. Evaluation and Comparison of Bids 23 26\. Confidentiality 23 27\. Clarification of Bids 23 28\. Deviations, Reservations, and Omissions 23 29\. Determination of Responsiveness 24 30\. Nonconformities, Errors and Omissions 24 31\. Correction of Arithmetical Errors 25 32\. Conversion to Single Currency 25 33\. Margin of Preference 25 34\. Evaluation of Bids 25 35\. Comparison of Bid 27 36\. Abnormally Low Bids 27 37\. Qualification of the Bidder 27 38\. Purchaser's Right to Accept Any Bid, and to Reject Any or All Bids 28 39\. Standstill Period 28 40\. Notification of Intention to Award 28 F. Award of Contract 29 41\. Award Criteria 29 42\. Purchaser's Right to Vary Quantities at Time of Award 29 43\. Notification of Award 29 44\. Debriefing by the Purchaser 30 45\. Signing of Contract 30 46\. Performance Security 31 47\. Procurement Related Complaint 31 +-----------------------------------+-----------------------------------+ | **[\ | | | ]\ | | | Section I - Instructions to | | | Bidders** | | +-----------------------------------+-----------------------------------+ | | A. General | +-----------------------------------+-----------------------------------+ | 1. Scope of Bid {#scope-of-bid.S | 1. In connection with the | | ec1-Clauses} | Specific Procurement Notice - | | =============== | Request for Bids (RFB), | | | specified **in the Bid Data | | | Sheet (BDS) t**he Purchaser, | | | as specified **in the BDS,** | | | issues this bidding document | | | for the supply of Textbooks | | | and Related Services | | | incidental thereto as | | | specified in Section VII, | | | Schedule of Requirements. The | | | name, identification and | | | number of lots (contracts) of | | | this RFB are specified **in | | | the BDS.** | | | | | | 2. Throughout this bidding | | | document: | | | | | | a. ### the term "in writing" | | | means communicated in written fo | | | rm (e.g. by mail, e-mail, fax, in | | | cluding if specified in the BDS, | | | distributed or received through t | | | he electronic-procurement system | | | used by the Purchaser) with proof | | | of receipt; | | | | | | b. ### if the context so req | | | uires, "singular" means "plural" | | | and vice versa; and | | | | | | c. ### "Day" means calendar | | | day, unless otherwise specified a | | | s "Business Day." A Business Day | | | is any day that is an official wo | | | rking day of the Borrower. It exc | | | ludes the Borrower's official pub | | | lic holidays. | +-----------------------------------+-----------------------------------+ | 2. Source of Funds {#source-of-fu | 1. The Borrower or Recipient | | nds.Sec1-Clauses} | (hereinafter called | | ================== | "Borrower") specified **in | | | the BDS** has applied for or | | | received financing | | | (hereinafter called "funds") | | | from the World Bank | | | (hereinafter called "the | | | Bank") in an amount specified | | | **in the BDS**, toward the | | | project named **in the BDS,** | | | toward the project named **in | | | the BDS.** The Borrower | | | intends to apply a portion of | | | the funds to eligible | | | payments under the contract | | | for which this bidding | | | document is issued. | | | | | | 2. Payment by the Bank will be | | | made only at the request of | | | the Borrower and upon | | | approval by the Bank in | | | accordance with the terms and | | | conditions of the Loan (or | | | other financing) Agreement. | | | The Loan (or other financing) | | | Agreement prohibits a | | | withdrawal from the loan | | | account for the purpose of | | | any payment to persons or | | | entities, or for any import | | | of goods, if such payment or | | | import is prohibited by a | | | decision of the United | | | Nations Security Council | | | taken under Chapter VII of | | | the Charter of the United | | | Nations. No party other than | | | the Borrower shall derive any | | | rights from the Loan (or | | | other financing) Agreement or | | | have any claim to the | | | proceeds of the Loan (or | | | other financing). | +-----------------------------------+-----------------------------------+ | 3. Fraud and Corruption {#fraud-a | 1. The Bank requires compliance | | nd-corruption.Sec1-Clauses} | with the Bank's | | ======================= | Anti-Corruption Guidelines | | | and its prevailing sanctions | | | policies and procedures as | | | set forth in the WBG's | | | Sanctions Framework, as set | | | forth in Section VI. | | | | | | 2. In further pursuance of this | | | policy, bidders shall permit | | | and shall cause their agents | | | (where declared or not), | | | subcontractors, | | | subconsultants, service | | | providers, suppliers, and | | | their personnel, to permit | | | the Bank to inspect all | | | accounts, records and other | | | documents relating to any | | | initial selection process, | | | prequalification process, bid | | | submission, proposal | | | submission, and contract | | | performance (in the case of | | | award), and to have them | | | audited by auditors appointed | | | by the Bank. | +-----------------------------------+-----------------------------------+ | 4. Eligible Bidders {#eligible-bi | 1. A Bidder may be a firm that | | dders.Sec1-Clauses} | is a private entity, a | | =================== | state-owned enterprise or | | | institution ---subject to ITB | | | 4.6---or any combination of | | | such entities in the form of | | | a joint venture (JV) under an | | | existing agreement or with | | | the intent to enter into such | | | an agreement supported by a | | | letter of intent. In the case | | | of a joint venture, all | | | members shall be jointly and | | | severally liable for the | | | execution of the entire | | | Contract in accordance with | | | the Contract terms. The JV | | | shall nominate a | | | Representative who shall have | | | the authority to conduct all | | | business for and on behalf of | | | any and all the members of | | | the JV during the Bidding | | | process and, in the event the | | | JV is awarded the Contract, | | | during contract execution. | | | Unless specified **in the | | | BDS**, there is no limit on | | | the number of members in a | | | JV. | | | | | | 2. A Bidder shall not have a | | | conflict of interest. Any | | | Bidder found to have a | | | conflict of interest shall be | | | disqualified. A Bidder may be | | | considered to have a conflict | | | of interest for the purpose | | | of this Bidding process, if | | | the Bidder: | | | | | | a. ### directly or indirectl | | | y controls, is controlled by or i | | | s under common control with anoth | | | er Bidder; or | | | | | | b. ### receives or has recei | | | ved any direct or indirect subsid | | | y from another Bidder; or | | | | | | c. ### has the same legal re | | | presentative as another Bidder; o | | | r | | | | | | d. ### has a relationship wi | | | th another Bidder, directly or th | | | rough common third parties, that | | | puts it in a position to influenc | | | e the Bid of another Bidder, or i | | | nfluence the decisions of the Pur | | | chaser regarding this Bidding pro | | | cess; or | | | | | | e. ### or any of its affilia | | | tes participated as a consultant | | | in the preparation of the design | | | or technical specifications of th | | | e works that are the subject of t | | | he Bid; or | | | | | | f. ### or any of its affilia | | | tes has been hired (or is propose | | | d to be hired) by the Purchaser o | | | r Borrower for the Contract imple | | | mentation; or | | | | | | g. ### would be providing go | | | ods, works, or non-consulting ser | | | vices resulting from or directly | | | related to consulting services fo | | | r the preparation or implementati | | | on of the project specified in th | | | e BDS ITB 2.1 that it provided or | | | were provided by any affiliate t | | | hat directly or indirectly contro | | | ls, is controlled by, or is under | | | common control with that firm; o | | | r | | | | | | h. ### has a close business | | | or family relationship with a pro | | | fessional staff of the Borrower ( | | | or of the project implementing ag | | | ency, or of a recipient of a part | | | of the loan) who: (i) are direct | | | ly or indirectly involved in the | | | preparation of the bidding docume | | | nt or specifications of the contr | | | act, and/or the Bid evaluation pr | | | ocess of such contract; or (ii) w | | | ould be involved in the implement | | | ation or supervision of such cont | | | ract unless the conflict stemming | | | from such relationship has been | | | resolved in a manner acceptable t | | | o the Bank throughout the procure | | | ment process and execution of the | | | contract. | | | | | | 3. A firm that is a Bidder | | | (either individually or as a | | | JV member) shall not | | | participate in more than one | | | Bid, except for permitted | | | alternative Bids. This | | | includes participation as a | | | subcontractor in other Bids. | | | Such participation shall | | | result in the | | | disqualification of all Bids | | | in which the firm is | | | involved. A firm that is not | | | a Bidder or a JV member, may | | | participate as a | | | subcontractor in more than | | | one Bid. | | | | | | 4. **A Bidder may have the | | | nationality of any country, | | | subject to the restrictions | | | pursuant to** ITB 4.**8**. | | | **A Bidder shall be deemed to | | | have the nationality of a | | | country if the Bidder is | | | constituted, incorporated or | | | registered in and operates in | | | conformity with the | | | provisions of the laws of | | | that country, as evidenced by | | | its articles of incorporation | | | (or equivalent documents of | | | constitution or association) | | | and its registration | | | documents, as the case may | | | be. This criterion also shall | | | apply to the determination of | | | the nationality of proposed | | | sub-contractors or | | | sub-consultants for any part | | | of the Contract including | | | related Services.** | | | | | | 5. A Bidder that has been | | | sanctioned by the Bank, | | | pursuant to the Bank's | | | Anti-Corruption Guidelines | | | and in accordance with its | | | prevailing sanctions policies | | | and procedures as set forth | | | in the WBG's Sanctions | | | Framework as described in | | | Section VI paragraph 2.2 d., | | | shall be ineligible to be | | | initially selected for, | | | prequalified for, bid for, | | | propose for, or be awarded a | | | Bank-financed contract or | | | benefit from a Bank-financed | | | contract, financially or | | | otherwise, during such period | | | of time as the Bank shall | | | have determined. The list of | | | debarred firms and | | | individuals is available at | | | the electronic address | | | specified in the BDS. | | | | | | 6. **Bidders that are | | | state**-owned enterprises or | | | institutions **in the | | | Purchaser's Country may be | | | eligible to compete and be | | | awarded a Contract(s) only if | | | they can establish, in a | | | manner acceptable to the | | | Bank, that they (i) are | | | legally and financially | | | autonomous (ii) operate under | | | commercial law, and (iii)** | | | are not **under supervision** | | | of the Purchaser. | | | | | | 7. **A Bidder shall not be under | | | suspension from Bidding by | | | the Purchaser as the result | | | of the operation of a** | | | Bid--Securing Declaration | | | **or Proposal-Securing** | | | Declaration**.** | | | | | | 8. **Firms and individuals may | | | be ineligible if so indicated | | | in Section V and (a) as a | | | matter of law or official | | | regulations, the Borrower's | | | country prohibits commercial | | | relations with that country, | | | provided that the Bank is | | | satisfied that such exclusion | | | does not preclude effective | | | competition for the supply of | | | goods or the contracting of | | | works or services required; | | | or (b) by an act of | | | compliance with a decision of | | | the United Nations Security | | | Council taken under Chapter | | | VII of the Charter of the | | | United Nations, the | | | Borrower's country prohibits | | | any import of goods or | | | contracting of works or | | | services from that country, | | | or any payments to any | | | country, person, or entity in | | | that country.** | | | | | | 9. A Bidder shall provide such | | | documentary evidence of | | | eligibility satisfactory to | | | the Purchaser, as the | | | Purchaser shall reasonably | | | request. | +-----------------------------------+-----------------------------------+ | {#section-3.Sec1-Clauses} | 10. **A firm that is under a | | | sanction of debarment by the | | | Borrower from being awarded a | | | contract is eligible to | | | participate in this | | | procurement, unless the Bank, | | | at the Borrower's request, is | | | satisfied that the | | | debarment; (a) relates to | | | fraud or corruption, and (b) | | | followed a judicial or | | | administrative proceeding | | | that afforded the firm | | | adequate due process.** | +-----------------------------------+-----------------------------------+ | 5. Eligible Goods and Related Ser | 1. All the Goods and Related | | vices {#eligible-goods-and-relate | Services to be supplied under | | d-services.Sec1-Clauses} | the Contract and financed by | | ================================= | the Bank may have their | | ===== | origin in any country in | | | accordance with Section V, | | | Eligible Countries. | | | | | | 2. For purposes of this ITB, the | | | term "goods" include | | | textbooks and reading | | | materials, teacher's manuals, | | | other production inputs such | | | as paper, manuscript, | | | publishing and manufacturing; | | | and publishing, | | | manufacturing; as well as | | | other related services such | | | as distribution, binding and | | | packing. | | | | | | 3. The term "origin" means the | | | country where the goods have | | | been mined, grown, | | | cultivated, produced, | | | manufactured or processed; | | | or, through manufacture, | | | processing, or assembly, | | | another commercially | | | recognized article results | | | that differs substantially in | | | its basic characteristics | | | from its components. | +-----------------------------------+-----------------------------------+ | | B. Contents of Bidding Document | +-----------------------------------+-----------------------------------+ | 6. Sections of Bidding Document { | 1. The bidding document consists | | #sections-of-bidding-document.Se | of Parts 1, 2, and 3, which | | c1-Clauses} | include all the sections | | =============================== | indicated below, and should | | | be read in conjunction with | | | any Addenda issued in | | | accordance with ITB 8. | | | | | | - | | | | | | | | | | | | - - | | | | | | | | | | | | - - | | | | | | | | | | | | - | +-----------------------------------+-----------------------------------+ | | - | | | | | | | | | | | | - - - | +-----------------------------------+-----------------------------------+ | | 2. The Specific Procurement | | | Notice - Request for Bids | | | (RFB) issued by the Purchaser | | | is not part of this bidding | | | document. | | | | | | 3. Unless obtained directly from | | | the Purchaser, the Purchaser | | | is not responsible for the | | | completeness of the document, | | | responses to requests for | | | clarification, or Addenda to | | | the bidding document in | | | accordance with ITB 8. In | | | case of any contradiction, | | | documents obtained directly | | | from the Purchaser shall | | | prevail. | | | | | | 4. The Bidder is expected to | | | examine all instructions, | | | forms, terms, and | | | specifications in the bidding | | | document and to furnish with | | | its Bid all information or | | | documentation as is required | | | by the bidding document. | +-----------------------------------+-----------------------------------+ | 7. Clarification of Bidding Docum | 1. A Bidder requiring any | | ent {#clarification-of-bidding-do | clarification of the bidding | | cument.Sec1-Clauses} | document shall contact the | | ================================= | Purchaser in writing at the | | === | Purchaser's address specified | | | **in the** **BDS**. The | | | Purchaser will respond in | | | writing to any request for | | | clarification, provided that | | | such request is received | | | prior to the deadline for | | | submission of Bids within a | | | period specified **in the | | | BDS.** The Purchaser shall | | | forward copies of its | | | response to all Bidders who | | | have acquired the bidding | | | document in accordance with | | | ITB 6.3, including a | | | description of the inquiry | | | but without identifying its | | | source. If so specified **in | | | the BDS**, the Purchaser | | | shall also promptly publish | | | its response at the web page | | | identified **in the BDS**. | | | Should the clarification | | | result in changes to the | | | essential elements of the | | | bidding document, the | | | Purchaser shall amend the | | | bidding document following | | | the procedure under ITB 8 and | | | ITB 22.2. | +-----------------------------------+-----------------------------------+ | 8. Amendment of Bidding Document | 1. At any time prior to the | | {#amendment-of-bidding-document. | deadline for submission of | | Sec1-Clauses} | Bids, the Purchaser may amend | | ================================ | the bidding document by | | | issuing addenda. | | | | | | 2. Any addendum issued shall be | | | part of the bidding document | | | and shall be communicated in | | | writing to all who have | | | obtained the bidding document | | | from the Purchaser in | | | accordance with ITB 6.3. The | | | Purchaser shall also promptly | | | publish the addendum on the | | | Purchaser's web page in | | | accordance with ITB 7.1. | | | | | | 3. To give prospective Bidders | | | reasonable time in which to | | | take an addendum into account | | | in preparing their Bids, the | | | Purchaser may, at its | | | discretion, extend the | | | deadline for the submission | | | of Bids, pursuant to ITB | | | 22.2. | +-----------------------------------+-----------------------------------+ | | C. Preparation of Bids | +-----------------------------------+-----------------------------------+ | 9. Cost of Bidding {#cost-of-bidd | 1. The Bidder shall bear all | | ing.Sec1-Clauses} | costs associated with the | | ================== | preparation and submission of | | | its Bid, and the Purchaser | | | shall not be responsible or | | | liable for those costs, | | | regardless of the conduct or | | | outcome of the Bidding | | | process. | +-----------------------------------+-----------------------------------+ | 10. Language of Bid {#language-of | 1. The Bid, as well as all | | -bid.Sec1-Clauses} | correspondence and documents | | =================== | relating to the Bid exchanged | | | by the Bidder and the | | | Purchaser, shall be written | | | in the language specified | | | **in the BDS.** Supporting | | | documents and printed | | | literature that are part of | | | the Bid may be in another | | | language provided they are | | | accompanied by an accurate | | | translation of the relevant | | | passages into the language | | | specified **in the** **BDS,** | | | in which case, for purposes | | | of interpretation of the Bid, | | | such translation shall | | | govern. | +-----------------------------------+-----------------------------------+ | 11. Documents Comprising the Bid | 1. The Bid shall comprise the | | {#documents-comprising-the-bid.S | following: | | ec1-Clauses} | | | ================================ | a. ### **Letter of Bid** pre | | | pared in accordance with ITB 12; | | | | | | b. **Price Schedules:** | | | completed in accordance | | | with ITB 12 and ITB 14; | | | | | | c. ### **Bid Security** or * | | | *Bid-Securing Declaration**, in a | | | ccordance with ITB 19; | | | | | | d. ### **Alternative Bids**, | | | if permissible, in accordance wi | | | th ITB 13; | | | | | | e. ### **Authorization**: wr | | | itten confirmation authorizing th | | | e signatory of the Bid to commit | | | the Bidder, in accordance with IT | | | B 20.3; | | | | | | f. ### **Bidder's Qualificat | | | ions:** documentary evidence in a | | | ccordance with ITB 17 establishin | | | g the Bidder's qualifications to | | | perform the contract if its Bid i | | | s accepted; | | | | | | g. ### **Bidder's Eligibilit | | | y:** documentary evidence in acco | | | rdance with ITB 17 establishing t | | | he Bidder's eligibility to bid; | | | | | | h. ### **Textbooks' Eligibil | | | ity**: documentary evidence in ac | | | cordance with ITB 16, that the Te | | | xtbooks and Related Services to b | | | e supplied by the Bidder are of e | | | ligible origin; | | | | | | i. ### **Conformity**: docum | | | entary evidence in accordance wit | | | h ITB 16 that the Goods and Relat | | | ed Services conform to the biddin | | | g document; and | | | | | | j. ### any other document re | | | quired **in the BDS.** | | | | | | 11.2 In addition to the | | | requirements under ITB 11.1, Bids | | | submitted by a JV shall include a | | | copy of the Joint Venture | | | Agreement entered into by all | | | members. Alternatively, a letter | | | of intent to execute a Joint | | | Venture Agreement in the event of | | | a successful Bid shall be signed | | | by all members and submitted with | | | the Bid, together with a copy of | | | the proposed Agreement. | | | | | | 11.3 The Bidder shall furnish in | | | the Letter of Bid information on | | | commissions and gratuities, if | | | any, paid or to be paid to agents | | | or any other party relating to | | | this Bid. | +-----------------------------------+-----------------------------------+ | 12. Letter of Bid and Price Sched | 1. The Letter of Bid and Price | | ules {#letter-of-bid-and-price-sc | Schedules shall be prepared | | hedules.Sec1-Clauses} | using the relevant forms | | ================================= | furnished in Section IV, | | ==== | Bidding Forms. The forms must | | | be completed without any | | | alterations to the text, and | | | no substitutes shall be | | | accepted except as provided | | | under ITB 20.3. All blank | | | spaces shall be filled in | | | with the information | | | requested. | +-----------------------------------+-----------------------------------+ | 13. Alternative Bids {#alternativ | 1. Unless otherwise specified | | e-bids.Sec1-Clauses} | **in the** **BDS,** | | ==================== | alternative Bids shall not be | | | considered. | +-----------------------------------+-----------------------------------+ | 14. Bid Prices and Discounts {#bi | 1. The prices and discounts | | d-prices-and-discounts.Sec1-Clau | quoted by the Bidder in the | | ses} | Letter of Bid and in the | | ============================ | Price Schedules shall conform | | | to the requirements specified | | | below. | | | | | | 2. All lots (contracts) and | | | items must be listed and | | | priced separately in the | | | Price Schedules. | | | | | | 3. The price to be quoted in the | | | Letter of Bid in accordance | | | with ITB 12.1 shall be the | | | total price of the Bid, | | | excluding any discounts | | | offered. | | | | | | 4. The Bidder shall quote any | | | discounts and indicate the | | | methodology for their | | | application in the Letter of | | | Bid, in accordance with ITB | | | 12.1. | | | | | | 5. Prices quoted by the Bidder | | | shall be fixed during the | | | Bidder's performance of the | | | Contract and not subject to | | | variation on any account, | | | unless otherwise specified | | | **in the BDS** A Bid | | | submitted with an adjustable | | | price quotation shall be | | | treated as nonresponsive and | | | shall be rejected, pursuant | | | to ITB 29. However, if in | | | accordance with **the BDS**, | | | prices quoted by the Bidder | | | shall be subject to | | | adjustment during the | | | performance of the Contract, | | | a Bid submitted with a fixed | | | price quotation shall not be | | | rejected, but the price | | | adjustment shall be treated | | | as zero. | | | | | | 6. If so specified in ITB 1.1, | | | Bids are being invited for | | | individual lots (contracts) | | | or for any combination of | | | lots (packages). Unless | | | otherwise specified **in the | | | BDS,** prices quoted shall | | | correspond to 100 % of the | | | items specified for each lot | | | and to 100% of the quantities | | | specified for each item of a | | | lot. Bidders wishing to offer | | | discounts for the award of | | | more than one Contract shall | | | specify in their Bid the | | | price reductions applicable | | | to each package, or | | | alternatively, to individual | | | Contracts within the package. | | | Discounts shall be submitted | | | in accordance with ITB 14.4 | | | provided the Bids for all | | | lots (contracts) are opened | | | at the same time. | | | | | | 7. The terms EXW, CIP, and other | | | similar terms shall be | | | governed by the rules | | | prescribed in the current | | | edition of Incoterms, | | | published by the | | | International Chamber of | | | Commerce, as specified **in | | | the** **BDS.** | | | | | | 8. Prices shall be quoted as | | | specified in each Price | | | Schedule included in Section | | | IV, Bidding Forms. The | | | dis-aggregation of price | | | components is required solely | | | for the purpose of | | | facilitating the comparison | | | of Bids by the Purchaser. | | | This shall not in any way | | | limit the Purchaser's right | | | to contract on any of the | | | terms offered. In quoting | | | prices, the Bidder shall be | | | free to use transportation | | | through carriers registered | | | in any eligible country, in | | | accordance with Section V, | | | Eligible Countries. | | | Similarly, the Bidder may | | | obtain insurance services | | | from any eligible country in | | | accordance with Section V, | | | Eligible Countries. Prices | | | shall be entered in the | | | following manner: | | | | | | a. ### for Goods manufacture | | | d in the Purchaser's Country: | | | | | | \(i) the price of the Goods | | | quoted EXW (ex-works, | | | ex-factory, ex warehouse, ex | | | showroom, or off-the-shelf, as | | | applicable), including all | | | customs duties and sales and | | | other taxes already paid or | | | payable on the components and | | | raw material used in the | | | manufacture or assembly of the | | | Goods; | | | | | | ### for Goods manufactured outsid | | | e the Purchaser's Country, to be | | | imported: | | | | | | i. ii. c. ### for Goods manufac | | | tured outside the Purchaser's Cou | | | ntry, already imported: | | | | | | | | | | | | i. ii. iii. iv. v. d. ### for | | | Related Services, other than inla | | | nd transportation and other servi | | | ces required to convey the Goods | | | to their final destination, whene | | | ver such Related Services are spe | | | cified in the Schedule of Require | | | ments: | | | | | | | | | | | | i. | +-----------------------------------+-----------------------------------+ | 15. Currencies of Bid and Payment | 1. The currency(ies) of the Bid | | {#currencies-of-bid-and-payment | and the currency(ies) of | |.Sec1-Clauses} | payments shall be the same*.* | | ================================= | The Bidder shall quote in the | | | currency of the Purchaser's | | | Country the portion of the | | | Bid price that corresponds to | | | expenditures incurred in the | | | currency of the Purchaser's | | | Country, unless otherwise | | | specified **in the BDS.** | | | | | | 2. The Bidder may express the | | | Bid price in any currency. If | | | the Bidder wishes to be paid | | | in a combination of amounts | | | in different currencies, it | | | may quote its price | | | accordingly but shall use no | | | more than three foreign | | | currencies in addition to the | | | currency of the Purchaser's | | | Country. | +-----------------------------------+-----------------------------------+ | 16. Documents Establishing the El | 1. To establish the eligibility | | igibility and Conformity of the G | of the Goods and Related | | oods and Related Services {#docum | Services in accordance with | | ents-establishing-the-eligibility | ITB 5, Bidders shall complete | | -and-conformity-of-the-goods-and- | the country of origin | | related-services.Sec1-Clauses} | declarations in the Price | | ================================= | Schedule Forms, included in | | ================================= | Section IV, Bidding Forms. | | ========================= | | | | 2. To establish the conformity | | | of the Goods and Related | | | Services to the bidding | | | document, the Bidder shall | | | furnish as part of its Bid | | | the documentary evidence that | | | the Goods conform to the | | | technical specifications and | | | standards specified in | | | Section VII, Schedule of | | | Requirements. | | | | | | 3. The documentary evidence may | | | be in the form of literature, | | | drawings or data, and shall | | | consist of a detailed item by | | | item description of the | | | essential technical and | | | performance characteristics | | | of the Goods and Related | | | Services, demonstrating | | | substantial responsiveness of | | | the Goods and Related | | | Services to the technical | | | specification, and if | | | applicable, a statement of | | | deviations and exceptions to | | | the provisions of the Section | | | VII, Schedule of | | | Requirements. | | | | | | 4. Standards for workmanship, | | | process, material, and | | | equipment, as well as | | | references to brand names or | | | catalogue numbers specified | | | by the Purchaser in the | | | Schedule of Requirements, are | | | intended to be descriptive | | | only and not restrictive. The | | | Bidder may offer other | | | standards of quality, brand | | | names, and/or catalogue | | | numbers, provided that it | | | demonstrates, to the | | | Purchaser's satisfaction, | | | that the substitutions ensure | | | substantial equivalence or | | | are superior to those | | | specified in the Section VII, | | | Schedule of Requirements. | +-----------------------------------+-----------------------------------+ | 17. Documents Establishing the El | 1. To establish Bidder's | | igibility and Qualifications of t | eligibility in accordance | | he Bidder {#documents-establishin | with ITB 4, Bidders shall | | g-the-eligibility-and-qualificati | complete the Letter of Bid, | | ons-of-the-bidder.Sec1-Clauses} | included in Section IV, | | ================================= | Bidding Forms. | | ================================= | | | ========= | 2. The documentary evidence of | | | the Bidder's qualifications | | | to perform the contract if | | | its Bid is accepted shall | | | establish to the Purchaser's | | | satisfaction: | | | | | | a. that, if required **in | | | the** **BDS,** a Bidder | | | that does not own | | | copyright of the goods it | | | offers to supply shall | | | submit a Copyright | | | Authorization using the | | | form included in Section | | | IV, Bidding Forms to | | | demonstrate that it has | | | been duly authorized by | | | the owner of the | | | copyright to supply these | | | Goods in the Purchaser's | | | Country; | | | | | | b. that, if required **in | | | the** **BDS,** in case of | | | a Bidder not doing | | | business within the | | | Purchaser's Country, the | | | Bidder is or will be (if | | | awarded the Contract) | | | represented by an Agent | | | in the country equipped | | | and able to carry out the | | | Supplier's maintenance, | | | repair and spare | | | parts-stocking | | | obligations prescribed in | | | the Conditions of | | | Contract and/or Technical | | | Specifications; and | | | | | | c. that the Bidder meets | | | each of the qualification | | | criterion specified in | | | Section III, Evaluation | | | and Qualification | | | Criteria. | +-----------------------------------+-----------------------------------+ | 18. Period of Validity of Bids {# | 1. Bids shall remain valid for | | period-of-validity-of-bids.Sec1- | the period specified **in | | Clauses} | the** **BDS**. The Bid | | ============================== | Validity period starts from | | | the date fixed for the Bid | | | submission deadline (as | | | prescribed by the Purchaser | | | in accordance with ITB 22.1). | | | A Bid valid for a shorter | | | period shall be rejected by | | | the Purchaser as | | | nonresponsive. | | | | | | 2. In exceptional circumstances, | | | prior to the expiration of | | | the Bid validity period, the | | | Purchaser may request Bidders | | | to extend the period of | | | validity of their Bids. The | | | request and the responses | | | shall be made in writing. If | | | a Bid Security is requested | | | in accordance with ITB 19, it | | | shall also be extended for a | | | corresponding period. A | | | Bidder may refuse the request | | | without forfeiting its Bid | | | Security. A Bidder granting | | | the request shall not be | | | required or permitted to | | | modify its Bid, except as | | | provided in ITB 18.3. | | | | | | 3. If the award is delayed by a | | | period exceeding | | | fifty-six (56) days beyond | | | the expiry of the initial Bid | | | validity period, the Contract | | | price shall be determined as | | | follows: | | | | | | a. b. c. | +-----------------------------------+-----------------------------------+ | 19. Bid Security {#bid-security. | 1. The Bidder shall furnish as | | Sec1-Clauses} | part of its Bid, either a | | ================ | Bid-Securing Declaration or a | | | Bid Security, as specified | | | **in the** **BDS,** in | | | original form and, in the | | | case of a Bid Security, in | | | the amount and currency | | | specified **in the BDS.** | | | | | | 2. A Bid Securing Declaration | | | shall use the form included | | | in Section IV, Bidding Forms. | | | | | | 3. If a Bid Security is | | | specified pursuant to ITB | | | 19.1, the Bid Security shall | | | be a demand guarantee in any | | | of the following forms at the | | | Bidder's option: | | | | | | a. ### an unconditional guar | | | antee issued by a bank or non-ban | | | k financial institution (such as | | | an insurance, bonding or surety c | | | ompany); | | | | | | b. ### an irrevocable letter | | | of credit; | | | | | | c. ### a cashier's or certif | | | ied check; or | | | | | | d. ### another security spec | | | ified **in the BDS**, | | | | | | | | | | | | 4. The Bid Security shall be | | | valid for twenty-eight (28) | | | days beyond the original | | | validity period of the Bid, | | | or beyond any period of | | | extension if requested under | | | ITB 18.2. | | | | | | 5. If a Bid Security is | | | specified pursuant to ITB | | | 19.1, the Bid Security of | | | unsuccessful Bidders shall be | | | returned as promptly as | | | possible upon the successful | | | Bidder's signing the Contract | | | and furnishing the | | | Performance Security pursuant | | | to ITB 46. | | | | | | 6. The Bid Security of the | | | successful Bidder shall be | | | returned as promptly as | | | possible once the successful | | | Bidder has signed the | | | contract and furnished the | | | required Performance | | | Security. | | | | | | 7. The Bid Security may be | | | forfeited or the Bid-Securing | | | Declaration executed: | | | | | | a. ### if a Bidder withdraws | | | its Bid during the period of Bid | | | validity specified by the Bidder | | | on the Letter of Bid, or any ext | | | ension thereto provided by the Bi | | | dder; or | | | | | | b. ### if the successful Bid | | | der fails to: | | | | | | i. #### sign the Contrac | | | t in accordance with ITB 45; or | | | | | | ii. #### furnish a Perfor | | | mance Security in accordance with | | | ITB 46. | | | | | | 8. The Bid Security or Bid- | | | Securing Declaration of a JV | | | must be in the name of the JV | | | that submits the Bid. If the | | | JV has not been legally | | | constituted into a legally | | | enforceable JV at the time of | | | Bidding, the Bid Security or | | | Bid-Securing Declaration | | | shall be in the names of all | | | future members as named in | | | the letter of intent referred | | | to in ITB 4.1 and ITB 11.2. | | | | | | 9. If a Bid Security is not | | | required **in the BDS**, | | | pursuant to ITB 19.1, and: | | | | | | | | | | | | a. if a Bidder withdraws its Bid | | | during the period of Bid validit | | | y specified by the Bidder on the | | | Letter of Bid; or {#if-a-bidder-w | | | ithdraws-its-bid-during-the-perio | | | d-of-bid-validity-specified-by-th | | | e-bidder-on-the-letter-of-bid-or | | |.P3Header1-Clauses} | | | ============================= | | | ================================= | | | ================================= | | | ================= | | | | | | b. if the successful Bidder fail | | | s to: sign the Contract in accord | | | ance with ITB 45; or furnish a Pe | | | rformance Security in accordance | | | with ITB 46; {#if-the-successful- | | | bidder-fails-to-sign-the-contract | | | -in-accordance-with-itb-45-or-fur | | | nish-a-performance-security-in-ac | | | cordance-with-itb-46.P3Header1-C | | | lauses} | | | ============================= | | | ================================= | | | ================================= | | | ================================= | | | ============ | | | | | | the Borrower may, if provided for | | | **in the BDS**, declare the | | | Bidder ineligible to be awarded a | | | contract by the Purchaser for a | | | period of time as stated **in the | | | BDS**. | +-----------------------------------+-----------------------------------+ | 20. Format and Signing of Bid {#f | 1. The Bidder shall prepare one | | ormat-and-signing-of-bid.Sec1-Cl | original of the documents | | auses} | comprising the Bid as | | ============================= | described in ITB 11 and | | | clearly mark it "Original." | | {#section-7.Sec1-Clauses} | Alternative Bids, if | | | permitted in accordance with | | | ITB 13, shall be clearly | | | marked "Alternative." In | | | addition, the Bidder shall | | | submit copies of the Bid, in | | | the number specified **in the | | | BDS** and clearly mark them | | | "Copy." In the event of any | | | discrepancy between the | | | original and the copies, the | | | original shall prevail. | +-----------------------------------+-----------------------------------+ | {#section-8.Sec1-Clauses} | 2. Bidders shall mark as | | | "CONFIDENTIAL" information in | | | their Bids which is | | | confidential to their | | | business. This may include | | | proprietary information, | | | trade secrets or commercial | | | or financially sensitive | | | information. | +-----------------------------------+-----------------------------------+ | {#section-9.Sec1-Clauses} | 3. The original and all copies | | | of the Bid shall be typed or | | | written in indelible ink and | | | shall be signed by a person | | | duly authorized to sign on | | | behalf of the Bidder. This | | | authorization shall consist | | | of a written confirmation as | | | specified **in the BDS** and | | | shall be attached to the Bid. | | | The name and position held by | | | each person signing the | | | authorization must be typed | | | or printed below the | | | signature. *All pages of the | | | Bid where entries or | | | amendments have been made | | | shall be signed or initialed | | | by the person signing the | | | Bid*