Instructions to Bidders (SBD 3) PDF

Instructions to Bidders (SBD 3) A General 1.Scope of Bid Employer as defined in the Schedule invites Bids for the construction of Works, as summarized in the Schedule. Successful bidder will be expected to complete the Works within the Intended Completion Date stated in the Schedule....

Instructions to Bidders (SBD 3) A General 1.Scope of Bid Employer as defined in the Schedule invites Bids for the construction of Works, as summarized in the Schedule. Successful bidder will be expected to complete the Works within the Intended Completion Date stated in the Schedule. Intended Completion Date shall be calculated from the Start Date. 2. Source of Funds Works will be financed by the source given in Schedule. 3. Ethics, Fraud and Corruption The attention of the bidders is drawn to the following guidelines of the Procurement Guidelines published by National Procurement Agency: Parties associated with procurement actions, namely, suppliers/contractors and officials shall ensure that they maintain strict confidentiality throughout the process; 3. Ethics, Fraud and Corruption Officials shall refrain from receiving any personal gain from any Procurement Action. No gifts or inducement shall be accepted. Suppliers/contractors are liable to be disqualified from the bidding process if found offering any gift or inducement which may have an effect of influencing a decision or impairing the objectivity of an official. 3. Ethics, Fraud and Corruption The attention of the bidders is also drawn to the Sub-Clause 11.1 of the Conditions of Contract (Section 3) which shall apply to any bidder. 4. Eligibility and Qualification of the Bidder The bidder shall not be a blacklisted contractor at the time of bidding and at the time of award of contract. For domestic bidders, to qualify for the contract award the successful bidder should have been registered and hold from the deadline for submission of bids until the expiry of the original validity of the bid, with the Institute for Construction Training and Development (ICTAD) under the grade and specialty given in the Invitation for Bids / Section 4 – Qualification Information. 4. Eligibility and Qualification of the Bidder All bidders shall provide the information requested in Section 4 - Form of Bid and Qualification Information. To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria if given in Section 4 - Form of Bid and Qualification Information. All bidders shall meet (any other ) requirement given in the Schedule. 5. One Bid per Bidder A bidder shall submit only one bid. 6. Cost of Bidding The bidder shall bear all costs associated with the preparation and submission of its bid. Employer will in no case be responsible or liable for those costs regardless of the conduct or outcome of the bidding process. 7. Site Visit The bidder, at the bidder’s own responsibility and risk, is encouraged; to visit and examine the Site of Works and its surroundings where the works are to be executed; to obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. Costs of visiting the Site shall be at the bidder’s own expense. B Bidding Documents 8. Content of Bidding Documents Bidding documents consists of two volumes stated below and shall be read in conjunction with addenda issued in accordance with Clause 10: Volume 1: Section 1 Instructions to Bidders Section 2 Standard Forms [Contract] Section 3 Conditions of Contract 8. Content of Bidding Documents Volume 2 Invitation to Bid Section 4 Form of Bid & Qualification Information Section 5 Schedule Section 6. Specifications Section 7. Bills of Quantities Section 8 Drawings Section 9. Standard Forms [Bid] 9. Clarification of Bidding Documents A bidder requiring any clarification of the bidding documents shall contact the Employer in writing or facsimile at the Employer’s address indicated in the Invitation for Bids. Employer will respond in writing to any such request for clarification received no later than (7) Days prior to the deadline for submission of Bids. Copies of the Employer’s response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry, but without identifying its source. 10. Amendment of Bidding Documents At any time prior to the deadline for submission of bids, the Employer may amend the bidding documents by issuing addenda. Any addendum thus issued shall be a part of the bidding documents. Any addendum shall be communicated in writing or by facsimile to all purchasers of the bidding documents. C Preparation of Bids 11. Language of Bid The Bid as well as all correspondence and documents relating to the bid exchanged by the bidder and the Employer, shall be written in English language 12. Documents Comprising the Bid The Bid submitted by the bidder shall comprise the following: (A) Enclosed in the envelope marked as “Original” a) Duly filled and signed Form of Bid and Qualification Information (in the format indicated in Section 4) b) Bid Security or Bid-Securing Declaration as specified c) Section 5 – Schedule d) Section 6 – Specifications e) Section 7 – Priced Bills of Quantities f) Section 8 – Drawings g) Any other information required to be completed and submitted by the bidders as specified in the Schedule. 12. Documents Comprising the Bid (B) enclosed in the envelope marked as “COPY” a) Duly filled and signed Form of Bid and Qualification Information (in the format indicated in Section 4) e) Section 7 – Priced Bills of Quantities 13. Bid Prices The Contract shall be for the whole of the Works, summarized in the Schedule, and based on the priced Bills of Quantities. The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bills of Quantities. 13. Bid Prices All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 14 Days prior to the deadline for submission of Bids, shall be included in the rates, prices, and total bid price submitted by the bidder. VAT shall not be included in the rates or prices but shall be shown separately at the space provided in the BOQ 13. Bid Prices Prices shall be adjusted for fluctuation in the cost of inputs only if provided for in the Schedule. If so provided, the amounts certified in each payment certificate, after deducting for advance payment shall be adjusted in accordance with Sub- Clause 10.10 of Conditions of Contract and by using either Option A or Option B stated in the Schedule. 14. Currencies of Bid and Payment Prices shall be quoted by the bidder entirely in Sri Lanka Rupees. 15. Period of Validity of Bid Bids shall remain valid for the period stipulated in the Invitation for Bids after the date of bid submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer. In exceptional circumstances, prior to expiry of the period of validity of bids, the Employer may request that the bidders extend the period of validity for a specified additional period. 15. Period of Validity of Bid A bidder may refuse the request. A bidder agreeing to the request will not be required or permitted to modify its bid, but will be required to extend the validity of its bid security for the period of the extension, and in compliance with Clause 16 in all respects. 16. Bid Security and Bid-Securing Declaration The bidder shall furnish as part of its Bid, a bid security or a bid-securing declaration as specified in the Schedule in the format given in Section 9. The bid security shall be in the amount specified in the Schedule and shall be valid until the date specified in the Schedule, from an agency acceptable to the Employer. 16. Bid Security and Bid-Securing Declaration Any bid not accompanied by a substantially responsive bid security or bid-securing declaration in accordance with this clause, shall be rejected by the Employer. The bid security or the bid-securing declaration of unsuccessful bidders shall be returned promptly upon the successful bidder furnishing the performance security. 16. Bid Security and Bid-Securing Declaration 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 Form of Bid; or a) if the bidder does not accept the correction of its bid price pursuant to ITB Sub-Clause 26; or a) if the successful bidder fails within the specified time to: i. sign the Contract; or ii. furnish the required performance security 17. Pre-Bid Meeting The bidder’s designated representative is invited to attend a pre-bid meeting which, if convened and informed to the bidders, will take place at the venue and time stipulated 18. Format and Signing of Bid The bidder shall prepare one original of the documents comprising the bid as described in Clause 12 and clearly marked “ORIGINAL.” In addition, the bidder shall submit one copy of the bid, clearly marked as a “COPY.” In the event of discrepancy between them, the original shall prevail. 18. Format and Signing of Bid The original and the copy of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the bidder. The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the Bid. D Submission of Bids 19. Sealing and Marking of Bids The bidder shall seal the original and the copy of the Bid in two inner separate envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPY”. The inner and outer envelopes shall; a) be addressed to the Employer at the address provided in the Invitation for Bids; b) bear the name and identification number of the Contract in accordance with Clause 1; and c) provide a warning not to open before the specified time and date for bid opening as defined in the Clause 22. 19. Sealing and Marking of Bids In addition to the identification required above, the inner envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared late. 20. Deadline for Submission of Bids Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the Invitation for Bids. 21. Late Bids Any Bid received by the Employer after the deadline for submission of bids will be returned unopened to the bidder. E Bid Opening and Evaluation 22. Bid Opening The Employer will open the bids, in the presence of the bidders’ authorized representatives who choose to attend at the time and in the place specified in the Invitation for Bids. The envelope marked as “Original” will be opened. If no envelope is marked as “Original” the Employer may open one or more envelopes. 22. Bid Opening The bidders’ names, the bid prices, the total amount of each bid, any discounts, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. Employer shall reseal all the opened envelopes in the presence of the bidder’s representatives. No bid shall be rejected at bid opening except for late bids. 23. Process to be Confidential Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. 24. Clarification of Bids To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the Employer’s discretion, ask any bidder for clarification of the bidder’s Bid, including breakdowns of prices. The request for clarification and the response shall be in writing. 25. Examination of Bids and Determination of Responsiveness Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid: (a) meets the eligibility criteria; (b)has been properly signed; and (c) is substantially responsive to the requirements of the bidding documents. 25. Examination of Bids and Determination of Responsiveness Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid: A substantially responsive bid is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation. 25. Examination of Bids and Determination of Responsiveness A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (a) which limits in any substantial way, inconsistent with the bidding documents, the Employer's rights or the bidder's obligations under the Contract; or (a) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids; 25. Examination of Bids and Determination of Responsiveness If a bid is not substantially responsive, (a) It will be rejected by the Employer, (a) and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 26. Correction of Errors Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; 26. Correction of Errors b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. 26. Correction of Errors c) if the bid price changes by the above procedure, the amount stated in the Form of Bid shall be adjusted with the concurrence of the Bidder and shall be considered as binding upon the bidder. c) if the bidder does not accept the corrected amount of bid, its bid shall be rejected and the bid security may be forfeited or bid securing declaration executed in accordance with Clause 16. 27. Evaluation and Comparison of Bids The Employer will evaluate and compare only the Bids determined to be substantially responsive. In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows: a) making any correction for errors b) excluding the provision, if any for contingencies c) making an appropriate adjustment for any other acceptable vitiations; and d) making an appropriate adjustments to reflect discounts offered 27. Evaluation and Comparison of Bids The Employer reserves the right to accept or reject any variation or deviation. Examination for unbalanced bids; If the Employer determines that the bid is unbalanced and hence the bidder may fail in the performance of his obligations in some items within the quoted rates, a higher performance security as determined by the Employer may be requested to mitigate such risks. F Award of Contract 28. Award Criteria Subject to Clause 29, Employer will award the Contract to the bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated bid price, provided that such bidder has been determined to be; a) eligible in accordance with the provisions of Clause 3 and a) qualified in accordance with the provisions of Clause 4 29. Employer’s Right to Accept any Bid and to Reject any or all Bids The Employer reserves the right to: a) accept or reject any bid; a) cancel the bidding process a) reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected bidder (s). 30. Award and Signing of Agreement The Employer reserves the right to: Prior to expiration of the bid validity period, the Employer will notify the successful bidder that his bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Initial Contract Price"); 30. Award and Signing of Agreement The notification of award will constitute the formation of the Contract. The Employer shall notify the successful bidder the date, time and venue for the signing of the agreement. The agreement shall be signed within 28 Days of the Letter of Acceptance. 31. Performance Security Within 14 Days after receipt of the Letter of Acceptance, the successful bidder shall deliver to the Employer a performance security: in an amount equivalent to 05% of Initial Contract Price; and in the form specified in the Section 2 32. Advance Payment and Security Employer will provide an Advance Payment equivalent to 20% of Initial Contract Price, within 7 Days of the Contractor submitting an acceptable guarantee. 33. Adjudicator The Employer nominates the Institute for Construction Training and Development (ICTAD) as the Adjudicator. If the bidder disagrees with the nomination, the bidder shall state so in the Bid, in which event the Employer and the Contractor may reach agreement on the appointment of an Adjudicator by mutual consent within 14 Days from the Letter of Acceptance. 33. Adjudicator If mutual consent is not reached or resorted to as above then the Adjudicator shall be appointed by the Institute for Construction Training and Development (ICTAD) at the request of either Party. If a person is appointed as the Adjudicator then he shall not be associated with the project directly or indirectly and he should be in a position to demonstrate impartiality and independence in his functions.