Revised Instructions To Tenderers
Revised Instructions To Tenderers
INSTRUCTIONS TO TENDERERS
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Definitions
Tender Documents
Qualifications of Tenderers
3.1 General Requirements
3.2 Bahraini Nationals
3.3 Prohibited Categories
3.4 Bahraini Tenderers
3.5 Overseas Tenderers
3.6 Tenderer's Representative and His Address
3.7 Additional Requirements
National Industry Protection and Support
4.1 Unified Rules for Giving Priority to National Products and Products of National
Origin.
4.2 List of Bahraini Materials and Products.
4.3 Appendix to Form of Tender
4.4 Approval of Engineer.
Pre-Tender Conference
Interpretation of Tender Documents and Site Visits
Revision of Tender Documents
Tender Bond
Tenderer's Responsibility
Deviation from Tender Documents
Submission of Tenders
Tender Pricing
Subcontractor's Qualifications
Evaluation of Tenders
Provisional Intention to Award Contract
Performance Bond
Advance Payment Guarantee
All Documents Confidential
Insurance
Approved Local Banks and Insurance Companies
Canvassing
Costs of Tender
Discrepancies in Tender Documents.
Further Instructions (if any)
APPENDIX
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Definitions
"The Ministry" is the Ministry of Housing of the Kingdom of Bahrain acting through
the Directorate mentioned in the Appendix hereto.
"The Engineer" is the person referred to in the Appendix hereto or any replacement
therefor appointed by the Ministry.
"Tender closing date" is the date referred to in the Appendix hereto.
"The Project" is the project more particularly mentioned or referred to in the Appendix
hereto.
Tender Documents
A complete set of Tender Documents consists of one copy of each of the documents
listed in Part 1 of this Tender Book.
Qualifications of Tenderers
3.1
General Requirements
In general, the Ministry, when transacting for the purchase of its requirements,
goods and services or for the execution of its projects, shall deal only with
individuals and establishments who are licensed and competent to do the required
job. In addition the Tenderer shall either be:
a)
a Bahraini individual, corporation or government body; or
b)
a Bahraini individual or corporation with a non-Bahraini partner or a
Bahraini individual or corporation acting as a representative for a foreign
company; or
c)
a non-Bahraini individual or corporation who is sponsored by a Bahraini
individual or corporation and who has the right to conduct business in
Bahrain according to the provisions of the Commercial Agencies Act. (The
conditions and provisions of the Commercial Companies Act and the
Commercial Agencies Act shall be complied with).
3.2
Bahraini Nationals
3.2.1 Tenderers intending to submit a tender for a Ministry contract must
undertake to employ Bahraini staff at the percentage(s) set out from time to
time for the Private Sector by the Ministry of Labour.
3.2.2 It is the responsibility of Tenderers to ascertain from the Ministry of Labour
the percentage(s) of Bahraini staff required to be employed by them and to
obtain from The Ministry of Labour a statement confirming compliance
with the required percentage(s).
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Prohibited Categories
The following categories are not allowed to supply goods or to render services to
or to contract work with or to submit tenders for Projects:
a)
b)
c)
d)
e)
f)
g)
any person barred for the time being by His Excellency the Minister of
Housing from participating in tenders.
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Bahraini Tenderers
Every Bahraini Tenderer whether an individual or corporation shall submit proof
of the following requirements with his tender. Items a) and b) below shall apply
also to the Bahraini sponsors of non-Bahraini individuals or establishments:
3.5
a)
b)
c)
Overseas Tenderers
All overseas Tenderers shall submit the following certificates and statements
when invited to deal with the Ministry:
3.6
a)
b)
c)
d)
copies of the Tenderer's published accounts for the last 2 years showing the
balance sheets and profit and loss statements audited by a recognised
certified auditor.
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Additional requirements
Additional requirements (if any) as to the qualifications of Tenderers are set out
in the Appendix hereto.
4.2
4.3
Approval of Engineer
The Tenderer should note that the acceptance of a tender shall not release the
successful Tenderer from any obligation arising under the Contract to obtain the
approval of the Engineer for materials or products for the Project.
Pre-Tender Conference
5.1
5.2
The words 'pre-tender conference' shall include any meeting formally convened
by the Ministry for the purpose of discussing, collectively, with all participating
Tenderers any matters which require clarification in relation to the project
covered under the Tender.
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5.3
All pre-tender conferences are arranged only upon the express condition that
firms, or companies, their agents, employees, advisers, consultants or any other
persons participating in any pre-tender conference for and on behalf of the
Tenderer will release and indemnify the Ministry and their servants and agents
from and against all liability in respect of and will be responsible for personal
injury (whether fatal or otherwise) loss or damage to property and any other loss,
damage, cost and expenses howsoever caused (whether by the act or neglect of
the Ministry or their servants or agents or not), which but for the exercise of such
permission would not have arisen.
5.4
The Tenderer shall first pay the prescribed non-refundable tender deposit, register
himself and carefully study the Tender Documents before participating in a pretender conference.
5.5
5.6
The Tenderer shall be deemed to have read these instructions and no claim will be
entertained on the ground of failure to have read or comply with these
Instructions or for any alleged misunderstanding of their import.
6.2
6.3
6.4
Unless the Tender Documents otherwise provide, the Tenderer is to visit and
inspect the site entirely at his own risk and expense and obtain all requisite
information regarding the nature of the site, local conditions, means of access,
location of existing services and any other matters affecting the tender.
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6.5
All site visits by the Tenderer are permitted only upon the express conditions that
requesting or participating Tenderers, their associated, principal, sub-contracting
or supplying firms, or companies, their agents, employees, advisers, consultants
or any other person participating in site visits for and on behalf of the Tenderer
will release and indemnify the Ministry and their servants and agents from and
against all liability in respect of and will be responsible for personal injury
(whether by the act or neglect of the Ministry or their servants or agents or not),
which but for the exercise of such permission would not have arisen.
6.6
No additional individual or special site visits can be arranged for any Tenderer
who fails to be present at the prescribed time, at the place and date or any
Tenderer who fails to collect all information required by him during the arranged
site visit.
6.7
Entry, presence, exit and security at the Ministry's sites are controlled by the
Public Security Directorate of Ministry of the Interior. The Tenderer's
representatives who are participating in a site visit shall meet the officer
conducting the visit at the prescribed location, be always with him during the full
course of the site visit and move out of the site as soon as the visit is over.
Anyone who wanders within or around the Ministry's sites in contravention of the
above may be treated as a trespasser and be dealt with accordingly subject to the
law applicable to the same.
6.8
The Tenderer shall inform the Engineer, together with his request, or when a site
visit is already arranged and mentioned in the Tender Documents, or when he
receives the notice for a site visit, the full details of his team/representative/s
proposing to take part in such visits seven (7) days before the date appointed and
secure necessary security passes/and clearances.
6.9
In case any doubt exists to the interpretation of the Tender Documents or any part
thereof the Tenderer may send a written request to the Engineer for any
interpretation.
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Tender Bond
8.1 Every tender shall be accompanied by a Tender Bond with a value as specified in
the Appendix hereto.
8.2
b)
a bank guarantee from an approved local bank in the form set out in these
Tender Documents; or
c)
a bank guarantee from an overseas bank through a local bank in the form
set out in these Tender Documents; or
d)
The Tender Bond shall be valid for the same period as the tender validity period
and the validity shall be extended by the Tenderer in line with any extension of
the tender validity period.
8.4
8.5
b)
8.6
If the Tenderer withdraws his tender after the Tender closing date the Ministry
may forfeit the Tenderer's Tender Bond without giving any notice or taking any
legal action.
8.7
The Tender Bond will be returned to the Tenderer in the following cases:
a) if the Tenderer withdraws his tender by placing a withdrawal notice in the
tender box before the Tender closing date;
b) to the unsuccessful Tenderers after the contract has been awarded, without
any application being necessary from the Tenderer;
c) to the successful Tenderer after submitting the Performance Bond.
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Tenderer's Responsibility
It is the Tenderer's responsibility to inform himself fully of all aspects of the Project
and he shall not be entitled to claim at any time after the submission of his tender that
the Ministry or the Engineer should reimburse him for expenses incurred as a result of
any misunderstanding with regard to his obligations. No verbal agreement or
conversation with any officer, agent or employee of the Ministry or of the Engineer or
any other organisation retained by the Ministry either before or after the execution of
the Contract shall affect or modify any of the terms or obligations therein contained.
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Submission of Tenders
11.1 Tenders shall be submitted by the Tender closing date to the address(es) and in
the manner prescribed in the Appendix hereto. Under no circumstances shall a
Tender, or any copy of it or a copy of any part of it be personally handed over,
mailed or transmitted to anyone in the Ministry. The Ministry will not be
responsible for and will not enter into any communication on any Tender lost,
misplaced or rejected due to misdelivery of the same by the Tenderer.
11.2 Tenders shall be made in (a) sealed envelope(s) which show(s) the name and
number of the tender but which do(es) not mention the name of the Tenderer or
include any reference or mark of the Tenderer.
11.3 Unsealed, torn, damaged or spoilt envelopes or envelopes which identify the
Tenderer in any way shall not be accepted.
11.4 Separate envelopes shall be supplied by the Tenderer as mentioned in the
Appendix hereto.
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Tender Pricing
12.1 All Tenders shall be priced in the Bahrain currency, namely Bahraini Dinars,
unless a provision to the contrary is stated in the Appendix hereto. The prices
shall be stated both in figures and in words on the Form of Tender.
12.2 All items in the Tender Documents which require to be completed or priced by
the Tenderer shall be completed or priced or monied out in BLACK INK.
12.3 The crossing out or striking off of prices shall be avoided as far as possible. Any
alteration or correction shall be clearly written after deleting the incorrect part.
The Tenderer shall initial the correction or alteration.
12.4 If the Tenderer refrains from stating the price of an item or category in a list then
it shall be treated at the discretion of the Ministry either as a refusal by the
Tenderer to quote an offer in respect of that item or category or as an
acknowledgement by the Tenderer that the price of such item or category is
included in the overall quoted price.
12.5 The Tenderer shall not be allowed to increase or decrease his quoted price after
submission.
12.6 If there are any discrepancies in the price list submitted by the Tenderer either in
items or totals the Ministry may make the necessary corrections in the tender.
12.7 If the stated price in figures is different from the price stated in words then the
price stated in words shall be considered as the offer.
12.8 If the unit price differs from the total price the unit price may be considered as the
offer.
12.9 Subject to any provision to the contrary stated in the Tender Documents, the
prices quoted in the tender shall be considered inclusive and shall be deemed to
cover all expenses and commitments to be borne by the Tenderer in the
performance of the contract such as freight, insurance, customs duty, clearance,
off-loading and handling for the delivery of materials to the location specified in
the Tender Documents.
12.10 The quoted prices are final and binding and shall not be revised or altered because
of fluctuations in prices or duties or any other reason. The exception to this
provision is the variation in prices due to changes in the base metal costs which
may be considered if the products are manufactured after the Tender closing date
and if there is provision made in the Appendix hereto for such a variation to be
taken into account.
12.11 Tenders which are expressed to be subject to foreign exchange fluctuation shall
not be considered unless otherwise stated in the Appendix hereto.
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Sub-Contractor's Qualification
Details of the extent to which (if at all) different parts of the Project may be subcontracted are set out in the Appendix hereto. In the event of sub-contracting being
permitted, the following details shall be included in the tender:
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a)
b)
evidence that all obligations imposed by the Tender Documents on the Tenderer
have been fully understood and accepted where applicable by the sub-contractors
referred to in (a) above;
c)
Evaluation of Tenders
The evaluation of tenders shall be based on the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
the conformity of the tender to the requirements of the Tender Documents; and
the Tenderer's qualifications, experience, organisation and facilities; and
the total quoted price; and
the adjustment of arithmetical errors; and
the time of completion; and
the proportion of Bahraini materials/products to be supplied; and
the number of Bahraini nationals to be employed; and
the reliability of the Tenderer; and
any other related feature.
The Tender shall be awarded to the bidder who offers the best terms and lowest price
after standardizing the bases and criteria of comparison between the tenders. (Article
35 of Tender Law).
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ii)
In the case of (ii) above, a contract must still be signed before payments can be made to
the successful Tenderer.
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Performance Bond
16.1 The successful Tenderer shall submit a Performance Bond from an approved
local bank or approved local insurance company within 10 days from the date of
notification of provisional intention to award the contract. The Ministry may
extend this period for an appropriate time if the Tenderer is not resident in
Bahrain.
16.2 The form of the Performance Bond shall be as set out in the Appendix to the
Form of Tender.
16.3 If the Tenderer shall fail to submit the Performance Bond within the period
specified in paragraph 16.1 above the Ministry may allow a further 10 days for
the submission of the Performance Bond. If the Tenderer fails to make the
required submission within the extended period he shall be treated as failing to
perform his duties and necessary action may be taken against him according to
these Instructions to Tenderers including the forfeiture of the Tender Bond
without any notification or legal action taken against him. His Excellency the
Minister of Housing shall be entitled to bar the Tenderer from participating in any
future tenders for a period of not less than one year.
16.4 Exemptions from the submission of Performance Bond are the same as those for
the Tender Bond (paragraph 8.5 above).
16.5 If the successful Tenderer shall submit the Performance Bond within the period
specified in paragraph 16.1 above but shall fail to sign the contract within a
reasonable time of being called upon so to do without an acceptable or valid
reason or shall express his unwillingness to sign the contract he shall be deemed
to be withdrawing from the tender/to be in breach of contract as appropriate. In
such an event the provisions of paragraph 16.3 above shall be applied against the
Tenderer and his Tender Bond/Performance Bond shall then be liable to
consequent forfeiture. The Ministry may then award the tender to the next best
Tenderer and may claim and deduct any additional costs involved against monies
owed to the withdrawing Tenderer/contractor (as the case may be) by the
Ministry or by any other Government bodies to the defaulting Tenderer or by
legal action.
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Insurance
19.1 The Tenderer shall be deemed to understand the indemnity and insurance
requirements under the Contract to be signed by the successful Tenderer. It shall
be the responsibility of the Tenderer to ensure that insurances to be taken out by
him under the Contract shall be sufficient to cover all insurable risks and liability
exposures associated with the works to be performed.
19.2 The successful Tenderer shall submit Certificate(s) of Insurance or Cover Notes
or Policies taken out as per the Contract within 10 days from the date of
notification of provisional intention to award the Contract. The Ministry may
extend this period upto any appropriate date if the Tenderer is not resident in
Bahrain or if a request, supported by justification, is made to the Ministry. The
wording of all documents pertaining to insurances shall be subject to the approval
of the Ministry.
19.3 All insurances required under the contract shall be arranged before the Tenderer
is handed over the possession of the work site or before any work relating to the
project is commenced.
19.4 If the Tenderer shall fail to submit the required insurances within the specified
period he shall be treated as failing to perform his contractual obligations and
necessary legal or other action may be taken against him according to the Tender
Documents, including the impounding of the Tender Bond without any
notification.
19.5 In addition to the insurance to be taken, and if applicable, the Tenderer shall
prepare a full programme of risk management to be implemented during the
contract term. The programme shall cover all aspects of safety, security,
occupational health and insurance while the Contract work is executed.
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Canvassing
Any form of canvassing is prohibited. If a Tenderer or any person acting on his behalf
shall make any representation intended to influence the consideration of the tenders,
either directly or indirectly to a Government official or to any person officially
concerned in the consideration of the tenders, then his tender shall be disqualified. In
the event of a second occurrence he shall be suspended from the list of approved
Government contractors for one year. In the event of a third occurrence he shall be
permanently suspended from the list of approved Government Contractors.
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Costs of Tender
All costs incurred by the Tenderer in the preparation of his tender and any work in
connection herewith shall be solely at the expense of the Tenderer.
23.
25.
Further Instructions
The Tenderer shall submit with his tender a DECLARATION OF
COMPLIANCE as shown in Appendix M to the Form of Tender. The
Tenderer shall submit with his tender a CERTIFICATE OF INDEPENDENT
PRICE DETERMINATION as shown in Appendix N to the Form of Tender.
Failure to submit either one of these Forms will result in disqualification of the
tender. In the event of disqualification under this clause the tenderer shall have
no grounds for appeal or compensation.
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Para.
Item
Detail
Description of Project
Engineer
Asst. Undersecretary,
Housing Project - MOH
3.7
None
11.1
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11.1
11.4
11.9
Not acceptable
11.12
12.1
Not applicable
12.10
Not applicable
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details
12.11
Not allowable
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Not applicable
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Not applicable
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