Professional Documents
Culture Documents
Bid Document
Bid Document
BID DOCUMENT
FOR
September, 2020
Abbreviations
Table of Contents
1. Nepal Electricity Authority (NEA) has allocated funds towards the cost of Repair and Maintenance
Works of Staff-Quarters at bansbari, morang and intends to apply part of the funds to cover
eligible payments under the Contract for NEA-DMDC-2077/078-CT-01. Bidding is open to all
eligible Nepalese Bidders. The estimated amount is NRs. 2,774,783.56 including VAT.
2. Nepal Electricity Authority, Multifuel Power Plant invites bids as well as electronic bid from
eligible bidders for Repair and Maintenance Works of Staff-Quarters at banbari, morang under
National Competitive Bidding (NCB).
3. Eligible Bidders may obtain further information and inspect the Bidding Documents at the office
Address given below or may visit PPMO website www.bolpatra.gov.np/egp
4. A complete set of Bidding Documents may be purchased from the following office by eligible
Bidders on the submission of a written application, along with the copy of Company/Firm
registration certificates and upon payments of non-refundable fee of Nepali Rupees 3,000.00 till
2077-06-27, during office hours.
6. The bids will be opened in the presence of Bidders' representatives who choose to attend at
2077-06-28, 14:00 hrs. at the Office of NEA, Multifuel Power Plant, Bansbari, Morang. The bids
must be valid for a period of 90 days after bid opening and must be accompanied by a bid security
or scanned copy of the bid security in PDF format in case of E-bid , amounting to a mínimum of
76,500.00 NRs. Which shall be valid for 30 days beyond the validity period of the bid.
7. If the last date of purchasing and /or submission falls on a government holiday, then the next
working day shall be considered as the last date. In such case the validity period of the bid
security shall remain the same as specified for the original last date of bid submission.
8. The employer reserves the right to accept or reject, wholly or partly any or all the bids without
assigning reason, whatsoever.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 5
Part - I
BIDDING PROCEDURES
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 7
Table of Clauses
A. General ………………………………………………………………………………………...7
1. Scope of Bid ................................................................................................................................7
2. Source of Funds .......................................................................................................................... 7
3. Fraud and Corruption ..................................................................................................................8
4. Eligible Bidders ... .......................................................................................................................9
5. Eligible Materials, Equipment and Services ..............................................................................11
SECTION - I
Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet
(BDS), the Employer, as indicated in the BDS, issues this Bidding Document
for the procurement of Works as specified in Section V (Works
Requirements). The name, identification, and number of Contracts of the
National Competitive Bidding (NCB) are provided in the BDS.
2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget, approved
by the GoN, the implementing agency indicated in the BDS plans to apply
a portion of the allocated budget to eligible payments under the contract(s)
for which this Bidding Document is issued.
Or
Public Entities' own Resource Funded: In accordance with its annual
program and budget, approved by the public entity, the implementing
agency indicated in the BDS plans to apply a portion of the allocated
budget to eligible payments under the contract(s) for which this Bidding
Document is issued.
Or
DP Funded: The GoN has applied for or received financing
(hereinafter called “funds”) from the Development Partner (hereinafter
called “the DP”) indicated in the BDS toward the cost of the project
named in the BDS. The GoN intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding Document
is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of the
GoN and upon approval by the DP in accordance with the terms and
conditions of the financing agreement between the GoN and the DP
(hereinafter called the “Loan/Grant Agreement”), and will be subject in all
respects to the terms and conditions of that Loan/Grant Agreement. No
party other than the GoN shall derive any rights from the Loan Agreement
or have any claim to the funds.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 11
3. Fraud and 3.1 The Government of Nepal (GoN) requires that the Procuring Entities as well
Corruption as bidders, suppliers and contractors and their sub-contractors under
GoN/DP-financed contracts, shall adhere to the highest standard of ethics
during the procurement and execution of such contracts. In this context,
the Employer;
(a) defines, for the purposes of this provision, the terms set forth below
as follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of a
party;
(iv) “collusive practice” means an arrangement between two or more
parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
(iv) “obstructive practice” means:
(aa) deliberately destroying, falsifying, altering or concealing
of evidence material to the investigation or making
false statements to investigators in order to materially
impede a GoN/DP investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any
party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from pursuing
the investigation; or
(bb) acts intended to materially impede the exercise of the
GoN’s/DP’s inspection and audit rights provided for under
sub-clause 3.5 below.
(b) will reject bid(s) if it determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices in competing for the contract in question;
3.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation
of the procurement process or the procurement agreement :
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government - owned
entity—subject to ITB 4.5—or any combination of them in the form of a
Joint Venture (JV) under an existing agreement, or with the intent to constitute
a legally-enforceable joint venture. In the case of a JV:
(a) all partners shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms. Maximum
number of JV shall be as specified in the BDS. The qualification
requirement of the parties to the JV shall be as specified in Section III
Evaluation and Qualification Criteria, and
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 13
(b) the JV shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the parties of the
JV during the bidding process and, in the event the JV is awarded
the Contract, during Contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality
of any country or eligible countries mentioned in the BDS. A Bidder shall
be deemed to have the nationality of a country if the Bidder is a citizen or is
constituted, or incorporated, and operates in conformity with the provisions
of the laws of that country. This criterion shall also apply to the
determination of the nationality of proposed sub Contractors or suppliers
for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be in
a conflict of interest with one or more parties in this bidding process, if:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to
information about or influence on the Bid of another Bidder, or
influence the decisions of the Employer regarding this bidding process;
or
(e) a Bidder participates in more than one bid in this bidding process
either individually or as a partner in a joint venture. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids
in which the party is involved. However, this does not limit the
inclusion of the same sub Contractor in more than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the Contract that
is the subject of the Bid; or
(g) a Bidder or any of its affiliates has been hired (or is proposed to be hired)
by the Employer as Engineer for the Contract.
4.4 A firm that is under a declaration of ineligibility by the GoN/DP in
accordance with ITB 3, at the date of the deadline for bid submission or
thereafter, shall be disqualified.
4.5 Enterprises owned by Government shall be eligible only if they can
establish that they are legally and financially autonomous and operate
under commercial law, and that they are not a dependent agency of the
GoN.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
4.7 In case a prequalification process has been conducted prior to the bidding
process, this bidding is open only to prequalified Bidders.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 14
4.9 The bidder shall meet the eligibility criteria specified in section III
(Evaluation and Qualification Criteria) of bid document.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the Contract
Equipment and shall have their origin in any source countries as defined in ITB 4.2 above
Services and all expenditures under the Contract will be limited to such materials,
equipment, and services. At the Employer’s request, Bidders may be
required to provide evidence of the origin of materials, equipment and
services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the
materials and equipment are mined, grown, produced or manufactured,
and from which the services are provided. Materials and equipment
are produced when, through manufacturing, processing, or substantial
or major assembling of components, a commercially recognized product
results that differs substantially in its basic characteristics or in purpose
or utility from its components.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and their Addenda, if they were not obtained directly from the
source stated by the Employer in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information
or documentation required by the Bidding Document may result in the
rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer’s address indicated in
Site Visit, Pre-Bid BDS or raise any question or curiosity during the pre-bid meeting if
Meeting provided for in accordance with ITB 7.4. The Employer shall be
required to make available as soon as possible the answer to such
question or curiosity in writing to any request for clarification, provided
that such request is received as mentioned in ITB 7.5. The Employer 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. Should the
Employer deem it necessary to amend the Bidding Document as a result
of a request for clarification, it shall do so following the procedure under
ITB 8 and ITB 22.2.
7.2 The Bidder is encouraged to visit and examine the Site of Works and
its surroundings and obtain for itself, on its own risk and responsibility, all
information that may be necessary for preparing the bid and entering into
a Contract for construction of the Works. The costs of visiting the Site shall
be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter upon its premises and lands for the purpose
of such visit, but only upon the express condition that the Bidder, its
personnel, and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect thereof, and will
be responsible for death or personal injury, loss of or damage to property,
and any other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid
meeting, if provided for in the BDS. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at
that stage.
7.5 The Bidder is requested, as far as possible, to submit any questions
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 16
8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer
Bidding Document may amend the Bidding Document by issuing agenda.
8.2 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 Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum
into account in preparing their bids, the Employer 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 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, 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 in the
language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
12. Letter of Bid and 12.1 The Letter of Bid, Schedules, and all documents listed under ITB 11, shall
Schedules be prepared using the relevant forms in Section 4 (Bidding Forms), if so
provided. The forms must be completed without any alterations to the text,
and no substitutes shall be accepted. All blank spaces shall be filled in with
the information requested.
13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a statement
to that effect will be included in the BDS, as will the method of evaluating
different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4
below, Bidders wishing to offer technical alternatives to the requirements
of the Bidding Document must first price the Employer’s design as
described in the Bidding Document and shall further provide all
information necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical alternatives,
if any, of the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Works. Such parts will be
identified in the BDS and described in Section V (Works Requirements). The
method for their evaluation will be stipulated in Section III (Evaluation and
Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and
Discounts in the Schedules shall conform to the requirements specified below.
14.2 The Bidder shall submit a bid for the whole of the works described
in ITB 1.1 by filling in prices for all items of the Works, as identified
in Section IV (Bidding Forms). In case of Unit Rate Contracts, the Bidder
shall fill in rates and prices for all items of the Works described in the Bill
of Quantities. Items against 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 rates for other items and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Bid shall be the total price of the Bid,
excluding any discounts offered.
14.4 Unconditional discounts, if any, and the methodology for their
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 18
15. Currency of Bid 15.1 The currency of the bid and payment shall be in Nepalese Rupees.
and Payment
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement
Comprising the of work methods, equipment, personnel, schedule and any other
Technical information as stipulated in Section IV (Bidding Forms), in sufficient
Proposal detail to demonstrate the adequacy of the Bidders’ proposal to meet
the work requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance
Establishing the with Section III (Evaluation and Qualification Criteria) the Bidder shall
Qualifications of provide the information requested in the corresponding information
the Bidder sheets included in Section IV (Bidding Forms).
18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS after the bid
submission deadline date prescribed by the Employer. A bid valid for a
of Bids
shorter period shall be rejected by the Employer as nonresponsive.
19. Bid Security 19.1 The Bidder shall furnish as part of its bid, in original form, a bid security
as specified in the BDS. In case of e-submission of bid, the Bidder shall upload
scanned copy of Bid security letter at the time of electronic submission of the
bid. The Bidder accepts that the scanned copy of the Bid security shall, for all
purposes, be equal to the original. The details of original Bid Security and the
scanned copy submitted with e-bid should be the same otherwise the bid shall
be non-responsive.
19.2 The bid security shall be, at the Bidder’s option, in any of the following
forms:
(a) an unconditional bank guarantee from "A" class commercial bank or;
(b) a cash deposit voucher in the Employer's Account as specified in
BDS.
In the case of a bank guarantee, the bid security shall be submitted
either using the Bid Security Form included in Section IV (Bidding
Forms) or in another Form acceptable to the employer. The form must
include the complete name of the Bidder. The bid security shall be valid
for minimum thirty (30) days beyond the original validity period of the
bid, or beyond any period of extension if requested under ITB 18.2.
19.3 The bid security issued by any foreign Bank outside Nepal must be counter
guaranteed by an "A" class commercial Bank in Nepal.
19.4 Any bid not accompanied by an enforceable and substantially compliant
bid security shall be rejected by the Employer as nonresponsive. In case of
e- Submission, if the scanned copy of an acceptable Bid Security letter is
not uploaded with the electronic Bid then Bid shall be rejected.
19.5 The bid security of unsuccessful Bidders shall be returned within three days,
once the successful bidder has furnished the required performance
security and signed the Contract Agreement pursuant to ITB 38.1and
39.1.
19.6 The bid security shall be forfeited if:
(a) a Bidder requests for withdrawal or modification of its bid, except
as provided in ITB 18.2:
(i) during the period of bid validity specified by the Bidder on the
Bid, in case of electronic submission;
(ii) from the period twenty-four hours prior to bid submission
deadline up to the period of bid validity specified by the Bidder
on the Letter of Bid, in case of hard copy submission.
(b) a Bidder changes the prices or substance of the bid while providing
information pursuant to clause 27.1;
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 20
20. Format and 20.1 The Bidder shall prepare one original of the documents comprising the
Signing of Bid bid as described in ITB 11 and clearly mark it ORIGINAL”. 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 each of them
“COPY.” In the event of any discrepancy between the original and the
copies, the original shall prevail.
In case of e-submission of bid, the Bidder shall submit his bid electronically
in PDF or web forms files as specified in ITB Clause 21.1(b), If a Bidder
submits both the electronic bid and a bid in hard copy within the bid submission
deadline, then the submitted Bids shall be accepted for evaluation provided that
the facts and figures in hard copy confirm to those in electronic bid. If there is
any major discrepancy in fact and figures in the electronic bid and bid in hard
copy, it shall be treated as two separate bids from one Bidder and both the Bids
shall be disqualified, as per ITB Clause 4.3 (e).
20.2 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, except for un amended
printed literature, shall be signed or initialed by the person signing the bid.
20.3 Any amendments such as interlineations, erasures, or overwriting shall be
valid only if they are signed or initialed by the person signing the bid.
31.
37. Correction of
Letter of Intent D.The
31.1
37.1 Submission
E.Employer
Evaluation
Provided and
that shall
the bidOpening
and Comparisonof Bids
is substantially
notify the concerned ofBidder
Bids whose
responsive, the Employer
bid has shall
been
Arithmetical
to Award the correctin
selected arithmetical
accordanceerrors
with ITB on the
36.1following
within seven basis:days of the selection of
21. Errors
26. Sealing
Confidentiality
and
Contract/Notificat 21.1the
Bidders mayunitalways submit their bids bya mail or byitscomparison,
hand or the
by
(a)bid,
26.1
onlyinInformation
writing
for that theContracts,
Employer
relating
price to the has intention
examination,
if there is to accept
evaluation,
discrepancy bid and
between the
Marking of Bids
ion of Award courier.
information When so
andregarding
unit price specified
and the thetotalname,
post-qualification in the BDS,
priceofaddress
bidsis and
that bidders shall
andrecommendation
obtained amount have the
of selected
by multiplying option
bidder
of Contract
the unit
of price
shall submitting
be given
award,to their
all
shall bids
other
not beelectronically.
bidders who
disclosed Procedures
submitted
to Bidders the bid.
or for
any submission,
other
and quantity, the unit price shall prevail and the total price shall persons
sealingcorrected,
and
not marking
officiallyare asinfollows:
concernedthe with suchofprocess until information is on
37.2 If no be
bidder submitsunlessan application opinion
pursuant theITB
to Employer
40 withinthere
a periodan
(a) Contract
obvious
Bidders award
misplacement
submitting is
bidscommunicated
ofbythe decimal
mail, by to
hand all
orBidders.
point byin the
courierunit
the price,
Employer in
of seven days of the notice provided under ITB 37.1,
which
shall,26.2
accept case
Anythe the total
bid selected
attempt price
by athe as quoted
in accordance
Bidder shall govern
with ITB 36.1
to influence and the unit price
and Letter of
i. Bidders shall enclose original and eachthecopy Employer
of the inBid,
the
shall be
Acceptance corrected;
shall be communicated to the selected bidder
evaluation of the bids or Contract award decisions may result in prior to the
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 21
expiration
(b) if including
there
the is alternative
of rejection
period ofofBid
an error bids,
validity,
itsinbid. a total if permitted
furnish in
tocorresponding theaccordance
performance
to the addition with ITB
security or
and sign 13, the
in separate
contract sealed
within envelopes,
fifteen days. duly
subtraction of subtotals, the subtotals shall prevail and the total marking the envelopes as
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the
shall be corrected; and
38. Performance 38.1 Within “ORIGINAL”, time (15)
Fifteen of Contract
“ALTERNATIVE”
days of the award, receipt if any
ofand Bidder
“COPY.”
Letter wishes These
of Acceptance to contact
envelopes
from the the
Security (c)
Employer, the If there
Employer
containing is
successful a discrepancy
on
the original any
Bidder and matterbetween related
shallthefurnish the
copies shalltobidthe price
bidding
in the
then be enclosed
the performance process,
Summary
security it may
in one of
as
under mentioned single
Bill do envelope.
offrom
so
Quantities
in writing.
A class and Commercial
the bid amount Bankin item (c) of the Letter
in accordance with the of
conditions of
Bid, Contract
the bid using
price
ii. The inner and outer envelopes shall: in Sample
the Summary Form for
of Billthe of Performance
Quantities will Security
prevail
27. Clarification of included inand Section IXTo(Contract
assist inForms), the(c)or
27.1
the bid amount initem ofanother
examination,
the Letter form of acceptable
evaluation,
Bid willand to
be
Bids (aa)comparison
bear theperformance
name andbids,address
the Employer. corrected.The of the andof
security the Bidder;
issued
qualification by of any theforeign
Bidders,Bank the
outside Nepal (bb)must be be
Employer counter
addressed may, guaranteed
to at Employer
the by anas"A"
its discretion, class
providedask commercial
any
in BDS Bidder 22.1;Bank
for in a
Nepal. clarification of its bid. Any clarification submitted by a Bidder
(cc) bear the specific identification of this bidding process
that is not ininresponse toanda request by the Employer is up toshall not be
(d) if bid
i) If there price
is aofdiscrepancy
indicated the bidder
BDS 1.1; selected
between forwords
acceptance and figures, 15 (fifteen)
the amount
percent considered.
below the The approved Employer’scost estimate,request the for performance
clarification and the
security
in(dd)words bearbe shall prevail,notunless
a 5warning to ofopen the before
amounttheexpressed time andin date words
for bid is
amount shall (five) percent the bid price.
response shall be in writing. No change in the prices or substance
relatedopening.to an arithmetic error, in which case the amount in figures
ii) For of bid
the the price
bid shallof theto be
biddersought,selected offered,
for above.or permitted,
acceptance is more except
than 15 to
iii. shall
If all prevail
envelopes
confirm
subject
the are
correction
(a), sealed
not (b) andand
of arithmetic
(c) marked as required, the
(fifteen) percentwill below of thenocost estimate, errors thefor discoveredsecurity
performance by the
the Employer
31.2 Ifamount Bidder
Employer that
shall be determinedin
assume
submitted
the the
evaluation
responsibility
lowest of theevaluated
bids, in bidthe does
accordance
misplacement
not
with accept
ITB
or premature opening ofasthe follows:
bid.
the correction of errors, its bid shall be disqualified
31. In case of e-submission of bid, upon notification from the and its bid security
Performance beSecurity
(b) Electronic Amount
Bidthe =[(0.85 x Cost Estimate –: Bid
Submission Price) x 0.5] + 5% of
shall forfeited.
Bid Price. electronically employer, bidder shallProcedures also submit the Bidders
original submitting
of documents Bids
comprisingshall the bidfollow as perthe ITBelectronic
11.1 forbid submission
verification of procedure
submitted
32.1
BidThe specified
Employer inshall
this clause
use the as follows:
criteria ande-submitted
methodologies
32. Evaluation of Bids The Price and Cost
documents Estimate
for shall
acceptance be inclusive
of the of Value Added bid. listedTax. in this
Clause.
i. ForNo other evaluation thecriteria
bidderor istomethodologies
required shall be inpermitted.
38.2 Failure 27.2 ofIf
e-submission,
a the
Bidder successful
does not Bidder
provide submit tothe
clarifications
register
of its bid
the e-GP
above-mentioned
by the date
portal https://www.bolpatra.gov.np. for downloading and
Performance
32.2 To evaluate Security bid,or
anda time setto
the insign
Employer
the theshallContract
Employer’s consider Agreement
request thefor following:shall constitute
clarification, its bid
submitting the bid electronically.
sufficient
(a) grounds
the bidmay for
price, the annulment
be excluding
rejected. Value ofAdded
the award and forfeiture
Tax , Provisional Sums, of the
and bidthe
ii.
security. In Interested
that event bidders
thefor may
Employer either
may in purchase
award the bidding
the Contract documents
toQuantities,
the next
provision, if any, contingencies
from the employer's office as specified in the invitation for bid the Summary Bill of
28. Deviations, lowest evaluatedfor 28.1
Unit Bidder
During whose
the offer
evaluation is
of thesubstantially
bids, the offollowing responsive lumpand
definitions is
Reservations, and (IFB) orRatebidders Contracts,
registered or in Schedule e-GP Prices
portal for
of PPMO sum
may
determinedContracts, by apply:
download the Employer
butbidding
the todocument
including be Day qualified workto items,
from perform where the Contract priced
Omissions satisfactorily. competitively;
The process shall be repeated according to ITB 37.
(a) “Deviation” is a departure from
http://www.bolpatra.gov.np after the requirements
login. If bidders specified
choose in the
to
(b) price downloadBidding
adjustment Document;
theforbidding correction of arithmetic
document and errors submit in accordance
the bid
with
(b) ITB 31.1; thenisthethe
electronically,
“Reservation” costsetting
of the of biddinglimiting documentconditions shall be or
39. Signing of 39.1 The deposited
Employer
(c) pricewithholding and
as
adjustment due the
specified successful
fromto complete in IFB. Bidder
In
discounts acceptance shall
addition,
offered in accordance sign
electronic the
of the requirements Contract
scanned
with ITB
Contract Agreement copy within (.pdf format)
the period ofasthe statedbank ITBdeposit
38.1.and voucher/cash receipt
14.4; specified in the Bidding Document;
should also be submitted along with the electronic bid files.
39.2 At(d)theadjustment
same
(c) time, for
“Omission” the nonconformities
Employer
is the failure shall affix asubmit
public notice
intoaccordance withon
part orITBthe result
all30.3;
of the of
iii. The
the awardinformation bidder
on its notice orshall then
board prepare/fill
and make arrangement the documents and forms
documentation required for in causing
the Bidding such
included inoftheallissued
(e) application thenotice bid documents
evaluation factors or the downloaded
indicated Section bid
notice to be affixed on the
Document. board also of the DistrictinDevelopment III
documentsand
(Evaluation from the e-GP portal
Qualification of PPMO -
Criteria);
Committee, District Administration Office and District Treasury and
29. Determination of http://www.bolpatra.gov.np.
The29.1
32.3Controller The
estimated Employer’s
Office. effect
The Employer determination
of the price mayasmake of applicable.
a bid’s
adjustmentarrangements Theto post
responsiveness
provisions required
is tothe
of
Responsiveness documents
Conditions be based
of and on
Contract, forms
the shall
contents
applied beof prepared
overthe bid
the in
itself,
period PDF
as of form
defined
executionand/or
in ofshall
ITB11. the
notice into its website, if it has; and if it does not have, into the website of
Contract,be filled
shall in the
not web
be takenforms into in the
account e-GP in system
bid as
evaluation. specified below.
the Public29.2 AProcurement
substantiallyMonitoring responsive bid Office,
is oneidentifying
that meets the therequirements
bid and lot
32.4numbers
If this Bidding of the
and theBidding
following
Document Documentinformation:
allows without
Bidders material
(i) the deviation,
to result
quote ofseparatereservation,
evaluation pricesof
for
S. bid; different
(ii)
Document or omission.
date Contracts,
of publication A material
and to deviation,
of award
noticemultiple
Requirement reservation,
inviting Contracts
Remarks bids; (iii)or omission
to name
a single is
of
Bidder, one
the that,
methodology to determine
N. newspaper; (iv) reference number of notice; (v) item of procurement; the lowest evaluated price of
thename
(vi) Contract ifcombinations,
and address
(a) accepted, of bidder
would: including
making any discounts
contract and (viii) offered
contractinprice the
1 Letter of
Letter of Bid Bid, is specified in Section
Mandatory III (Evaluation
PDF/Web and Qualification
39.3 Within (i)thirty
Criteria). affect(30) in daysany fromsubstantial
the date of issuance way the of notification
Forms scope, quality, pursuant or
performance of the Works
to ITB 37.1 unsuccessful bidders may request in writing to the Employer specified in the Contract;
32.5
2 forInBid acase of
debriefing
or special
Security evaluation
seeking (Bank in
explanations civil works,
Mandatory on theifPDF the bid for
grounds on anwhichUnit their
Rate
Guarantee)
Contract, which results
bids were not selected. The Employer in the lowest Evaluated shall Bid Price, respond
promptly is seriously in
(ii) limitorinfront
unbalanced anyloadedsubstantial way, inconsistent
or substantially below with theestimatesBidding
writing to any unsuccessful Bidder who, requests forupdated
debriefing.
Document, the Employer’s rights or the Bidder’s obligations
in the opinion of the Employer, the Employer may require the
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 22
complying
Committee shallashave
perto ITB
returnClause 21.1(d)deposit
the security shall tobetheconsidered
applicant,
incomplete
pursuant to ITB and
40.9,rejected
within for further
seven bid of
(7) days evaluation.
such decision made.
bb) In addition to electronically submitted PDF files/web forms, the
Bidder shall be required to submit original bid security letter/
documents and clarifications as specified in ITB Clause 27. If a
bidder does not submit the original Bid security letter and
requested documents and or clarifications within the specified time
limit then the bid shall not be considered for further evaluation.
cc) If major discrepancy is found between the electronically submitted
PDF bid files and the documents/ clarifications provided by the
Bidder as per ITB Clause 27, then the bid shall not be considered
for further evaluation.
dd) The facility for submission of bid electronically through e-
submission is to promote transparency, non-discrimination, equality
of access, and open competition in the bidding process. The Bidders
are fully responsible to use the e- submission facility properly in e-
GP portal of PPMO- http://www.bolpatra.gov.np as per specified
procedures and in no case the Employer shall be held liable for
Bidder's inability to use this facility.
ee) When a bidder submits electronic bid through the PPMO e-GP
portal, it is assumed that the bidder has prepared the bid by studying
and examining the complete set of the Bidding documents including
specifications, drawings and conditions of contract.
ff) Bidders who submit electronic bid should deposit the bidding
document fee as specified in IFB and upload the scan copy (in pdf
format) of the deposit voucher at the time of bid submission. The
deposited amount shall be verified by the Employer during the bid
evaluation process. The submitted Bid shall be non-responsive and
shall not be evaluated if the cost for bidding document is not
deposited as specified in the IFB.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than
Submission of Bids the date and time indicated in the BDS.
In case of e-submission, the standard time for e-submission is Nepalese
Standard Time as set out in the server. The e-procurement system will
accept the e-submission of bid from the date of publishing of notice and
will automatically not allow the e-submission of bid after the deadline for
submission of bid.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in accordance
with ITB 8, in which case all rights and obligations of the Employer and
Bidders previously subject to the deadline shall thereafter be subject to
the deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the deadline
for submission of bids, in accordance with ITB 22. Any bid
received by the Employer after the deadline for submission of bids shall
be declared late, rejected, and returned unopened to the Bidder.
24. Withdrawal, and 24.1 A Bidder may withdraw, or modify its bid after it has been submitted
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 24
25. Bid Opening 25.1 The Employer shall open the bids in public at the address, date and time
specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend.
25.2 The Employer shall download the e-submitted bid files. The e-
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 25
25.5 All other envelopes shall be opened one at a time, reading out: the
name of the Bidder; the Bid Price(s), including any discounts and
alternative bids and indicating whether there is a modification; the
presence of a bid security and any other details as the Employer may
consider appropriate. Only discounts and alternative offers read out at bid
opening shall be considered for evaluation. No bid shall be rejected at bid
opening except for late bids, in accordance with ITB 23.1.
25.6 The Employer shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, or modification; the Bid Price, per Contract if
applicable, including any discounts and alternative offers; and
the presence or absence of a bid security. The Bidders’ representatives
who are present shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the contents and
effect of the record.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 26
SECTION - II
Bid Data Sheet
A. General
ITB 1.1 The number of the Invitation for Bids is : NEA-DMDC-2077/078-CT-01
ITB 1.1 The Employer is: Nepal Electricity Authority, Generation Directorate, Large
Generation, Operation and Maintenance Department, Multifuel Power Plant,
Bansbari, Morang.
ITB 2.1 The name of the Project is: Repair and Maintenance Works of Staff-Quarters at
banbari, morang
ITB 4.1 (a) Maximum number of partner in a joint venture shall be : 3 (three)
B. Bidding Document
ITB 7.1 For clarification purposes only, the Employer’s address is:
ITB 7.5 Time for request: Requests for clarification should be received by the Employer
no later than 10 days prior to the deadline for submission of bids.
C. Preparation of Bids
ITB 10.1 The language of the bid is: English / Nepali
ITB 11.1 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be
submitted with the bid, including the priced Bill of Quantities for Unit Rate
Contracts and Schedule of Prices for lump sum contracts: _______
ITB 11.1 (i) The Bidder shall submit with its bid the following additional documents:
[Not Required]
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the
Works:
If alternative technical solutions are permitted, the evaluation method will be
as specified in Section III (Evaluation and Qualification Criteria).
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 27
ITB 14.6 The prices quoted by the Bidder shall not be subject to adjustment during the
performance of the Contract.
ITB 18.1 The bid validity period shall be ninety (90) days from the last date of bid
submission.
ITB 19.1 The Bidder shall furnish a bid security, from "A" class commercial bank with a
minimum of NRs. 76,500.00, which shall be valid for 30 days beyond the
validity period of the bid.
ITB 20.1 In addition to the original of the bid, the number of copy/ies is/are: [ "Not
Applicable]
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall
indicate:
(a) The name and description of the documentation required to
demonstrate the authority of the signatory to sign the Bid such as a
Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV, an
undertaking signed by all parties (i) stating that all parties shall
be jointly and severally liable, and (ii) nominating a Representative
who shall have the authority to conduct all business for and on
behalf of any and all the parties of the JV during the bidding
process and, in the event the JV is awarded the Contract, during
contract execution.
ITB 22.1 For bid submission purposes only, the Employer’s address is :
Nepal Electricity Authority, Generation Directorate, Large Generation,
Operation and Maintenance Department, Multifuel Power Plant, Bansbari,
Morang.
The deadline for bid submission is :
Date : 2077/06/28
Time : till 12:00 Noon
Date : 2077/06/28
Time : 02:00 PM
SECTION - III
Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders by
post-qualification exercise. GoN/DP requires bidders to be qualified by meeting predefined, precise
minimum requirements. The method sets pass-fail criteria, which, if not met by the bidder, results in
disqualification. In accordance with ITB 32 and ITB 34, no other methods, criteria and factors shall be
used. The Bidder shall provide all the information requested in the forms included in Section IV (Bidding
Forms).
1. Evaluation
In addition to the criteria listed in ITB 32.2 (a) - (e) the following criteria shall apply:
Note:
Use the evaluation criteria listed below as appropriate and required for the project.
Works are grouped in multiple contracts and pursuant to Sub-Clause 32.4 of the Instructions to
Bidders, the Employer will evaluate and compare Bids on the basis of a contract, or a combination
of contracts, or as a total of contracts in order to arrive at the least cost combination for the
Employer by taking into account discounts offered by Bidders in case of award of multiple
contracts.
If a bidder submits several successful (lowest evaluated substantially responsive) bids, the
evaluation will also include an assessment of the Bidder's capacity to meet the aggregated
requirements regarding:
• Experience
• Financial situation
• Current contract commitments,
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 29
2. Qualification
2.1 Eligibility
Clause 4.5.
2.1.3 UN Eligibility
Not having been must meet existing or must meet not Letter
declared ineligible based requirement intended JV requirement applicable of Bid
on a United Nations must meet
resolution or Employer's requirement
country law, as described
in ITB Sub-Clause 4.8.
VAT and PAN Registration must meet not must meet not Document
certificate (only for requirement applicable requirement applicable attachment
domestic bidders)
All pending must meet not applicable must meet not Form LIT - 1
litigation shall be requirement requirement by applicabl
treated as resolved by itself or as itself or as e
against the Bidder partner to partner to past
and so shall in total past or or existing JV
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 31
2.4 Experience
2.5 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following
requirements:
2.6 Equipment
In case the Bidder proposes to consider Equipments that may be spared from committed/ongoing
contracts for evaluation,
The Bidder shall provide details of Equipments which will be spared from committed / ongoing
contracts clearly demonstrating the availability of such equipments with respect to the physical progress
of the ongoing contracts on the date of bid submission. Based on the details so submitted by the Bidder,
only the spared equipments proposed for the contract shall considered for evaluation.
In case of Equipments to be leased/hired the same procedure as mentioned above shall apply.
The Bidder must demonstrate that it has the key equipment listed hereafter:
i. For the equipments under Bidder's ownership
SECTION - IV
Bidding Forms
This Section contains the forms which are to be completed by the Bidder and submitted as part of its
Bid.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 35
Letter of Bid
The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................
To: ……………………………………………………………………………………………………….....
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
(d) The discounts offered and the methodology for their application are:
(e) Our bid shall be valid for a period of [insert validity period as specified in ITB 18.1] days from the
date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted at any time before the expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;
(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from
eligible countries or any countries [insert the nationality of the Bidder, including that of all parties that
comprise the Bidder if the Bidder is a consortium or association, and the nationality of each
Subcontractor and Supplier];
(h) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3;
(i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding process
in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB 13;
(j) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible, under the Employer’s country laws or official regulations or
by an act of compliance with a decision of the United Nations Security Council;
(k) We are not a government owned entity/We are a government owned entity but meet the
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 36
(l) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is prepared
and executed;
(m) We declare that, we have not been black listed as per ITB 3.4 and no conflict of interest in the proposed
procurement proceedings and we have not been punished for an offense relating to the concerned
profession or business.
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may
receive; and
(o) If awarded the contract, the person named below shall act as Contractor’s Representative:
(p) We agree to permit the Employer/DP or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by the
Employer.
Name: .................................................................................................
Signed …………………………………………………………...
Date …………………………………………………………....
*Normally following source of index shall apply. Public Entity shall choose applicable Index for
each item.
(a) Labor: "National Salary and Wage Rate Index"- "Construction Labor" of Nepal Rastra Bank
or
rate fixed by District Rate Fixation Committee
(b) Material: "National Wholesale Price Index" - Construction Materials" of Nepal Rastra Bank
"National Wholesale Price Index" - "Transport Vehicles and Machinery Goods" of Nepal Rastra Bank
or
** Bidders proposed weightings should be within the range specified by the Employer in column - 5
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 38
** Base Price and source normally to be specified by Employer (or alternatively informed to be
proposed by bidder) in column 4 and 5.
Note:
The base prices of the construction materials shall be taken as of 30 days before the deadline for submission
of the Bid as quoted by the Bidder and verified by the Employer. For the purpose of calculation of price
adjustment, the Ex-factory price of the same source shall be taken into consideration.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 39
Bid Security
Bank Guarantee
Date: ……………………………………………………………………………………………………...
We have been informed that . …………. .[insert name of the Bidder] (hereinafter called “the Bidder”)
intends to submit its bid (hereinafter called “the Bid”) to you for the execution of …………... name of
Contract . …………… under Invitation for Bids No. ……………… (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we…………………. . name of Bank. ……………….. hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . ………...amount in figures
………………………. (. ………….. .amount in words ……………….) upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Bidder is in breach of its
obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn or modifies its Bid during the period of bid validity specified by the Bidder in the
Form of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity,
(i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the
performance security, in accordance with the ITB.
(d) is involved in fraud and corruption in accordance with the ITB
This guarantee will remain in force up to and including the date ………number…………days after the
deadline for submission of Bids as such deadline is stated in the instructions to Bidders or as it may be
extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in
respect of this guarantee should reach the Bank not letter than the above date.
This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee by
the Bidder unless notified by you for the release of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
Note:
The bid security of ………..……………. has been counter guaranteed by the Bank ……..………... ...…… on
…………... .................................................. ...……..………. (Applicable for Bid Security of Foreign Banks).
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 40
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 41
Personnel
Form PER - 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements
for each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their
experience should be supplied using the Form below for each candidate.
1.
2.
3.
4.
5.
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used for
evaluation.
Position*
Personal Information Name Date of Birth
Professional qualifications
Present employment Name of employer
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last twenty years in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
Note:
In case of e-submission the Resume of Proposed Personnel shall be submitted on notification by the
Employer as per ITB 27.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 43
Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria). A
separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed
by the Bidder. The Bidder shall provide all the information requested below, to the extent possible. Fields
with asterisk (*) shall be used for evaluation.
Type of Equipment*
The following information shall be provided only for equipment not owned by the Bidder.
Address of owner
Fax email
the project
Note:
In case of e-submission the “Agreements” shall be submitted on notification by the Employer as per
ITB 27.1
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 44
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 45
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding Information
Sheets included hereunder.
Bidder's Information
constitution
mail address)
1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above required
to comply with ITB 4.5.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 46
JV Partner's or
JV Partner's or
JV Partner's or
constitution
JV Partner's or
1. articles of incorporation or constitution of the legal entity named above, in accordance with
ITB 4.1 and 4.2.
2. Authorization to represent the firm named above, in accordance with ITB 20.2.
3. In the case of government-owned entity, documents establishing legal and financial autonomy
and compliance with commercial law, in accordance with ITB 4.5.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 47
Pending Litigation
No pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and Qualification
Criteria)
Pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and Qualification
Criteria)
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Total Revenues
o Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last three or above years, as indicated above, complying with the following conditions.
o All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies.
o Historic financial statements must be audited by a certified auditor.
o Historic financial statements must be complete, including all notes to the financial statements.
o Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
Note:
In case of e-submission the attachments should not be uploaded but shall be submitted on notification
by the Employer as per ITB 27.1
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 49
The information supplied should be the Annual Turnover of the Bidder or each member of a JV in terms
of the amounts billed to clients for each year for work in progress or completed to NRs at the end of the
period reported.
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total construction cash
flow demands of the subject contract or contracts as indicated in Section III (Evaluation and
Qualification Criteria).
Financial Resources
Note :
The letter from the Bank must be unconditional.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 51
Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter
of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.
6
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 52
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here contract
size, complexity, methods, technology, or
other characteristics as described in
Section V (Work Requirements) against
which the bidder demonstrates similarity in
the box on the right-hand-side.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 54
Role in Contract
Contractor Management Subcontractor
Contractor
Employer's Name
Address
Telephone/Fax
Number
E-mail
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here
production rate(s) for the key activity
(activities) subject contract against which
the bidder demonstrates in the box on the
right-hand-side production rates achieved
by him on previous contracts.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 55
Part - II
REQUIREMENTS
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 56
Table of Clauses
Specifications ……………………………………………………………………………………... 66
Notes on the Specifications ………………………………………………………………….. 66
Sample Clause: Equivalency of Standards and Codes ... ............................................................ .. 67
Drawings ................................................................................................................................................. .. 68
SECTION - V
Works Requirements
This Section contains the Specification, the Drawings, and supplementary information that
describe the Works to be procured.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 58
Scope of Work
Specifications
Notes on the Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and
competitively to the requirements of the Employer without qualifying or conditioning their Bids.
The specifications must be drafted to permit the widest possible competition and, at the same time,
present a clear statement of the required standards of workmanship, materials, and performance of
the goods and services to be procured. Only if this is done will the objectives of economy, efficiency
and fairness in procurement be realized, responsiveness of Bids be ensured, and the subsequent task
of bid evaluation facilitated. The specifications should require that all goods and materials to be
incorporated in the Works be new, unused, of the most recent or current models, and incorporate all
recent improvements in design and materials unless provided otherwise in the Contract.
Samples of specifications from previous similar projects are useful in this respect. The use of metric
units is encouraged by the Funding Agency in case of funding assisted projects. Most specifications
are normally written specially by the Employer or Project Manager to suit the Contract Works in
hand. The available standard specification of works of Ministry of Physical Infrastructure and
Transport, DoLIDAR and Other line Ministries can be adopted for respective civil construction works.
There are considerable advantages in standardizing General Specifications for repetitive Works in
recognized public sectors, such as highways, urban housing, irrigation, and water supply, in the same
country or region where similar conditions prevail. The General Specifications should cover all classes
of workmanship, materials, and equipment commonly involved in construction, however it may not
necessarily be adequate to be used in a particular Works Contract and may necessitate preparation of
Particular (Special) Specifications to amend and or supplement the provision of the General Specifications
to meet the requirement of the particular Works.
Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of
standards for goods, materials, and workmanship, recognized international standards should be used as
much as possible. Where other particular standards are used, whether national standards of Nepal or
other standards, the specifications should state that goods, materials, and workmanship that meet other
authoritative standards, and which ensure substantially equal or higher quality than the standards
mentioned, will also be acceptable.
Employers should decide whether technical solutions to specified parts of the Works are to be permitted.
Alternatives are appropriate in cases where obvious (and potentially less costly) alternatives are possible
to the technical solutions indicated in the Procurement Documents for certain elements of the Works,
taking into consideration the comparative specialized advantage of potential bidders. For example:
The Employer should provide a description of the selected parts of the Works with appropriate
references to Drawings, Specifications, Bill of Quantities, and Design or Performance criteria, stating that
the alternative solutions if applicable shall be at least structurally and functionally equivalent to the
basic design parameters and specifications.
Such alternative solutions shall be accompanied by all information necessary for a complete evaluation by
the Employer, including drawings, design calculations, technical specifications, breakdown of prices,
proposed construction methodology, and other relevant details.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 60
Wherever reference is made in the Contract to specific standards and codes to be met by the goods and
materials to be furnished, and work performed or tested, the provisions of the latest current edition or
revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in
the Contract. Where such standards and codes are national, or relate to a particular country or region,
other authoritative standards that ensure a substantially equal or higher quality than the standards and
codes specified will be accepted subject to the Project Manager’s prior review and written consent.
Differences between the standards specified and the proposed alternative standards shall be fully
described in writing by the Contractor and submitted to the Project Manager at least 30 days prior to
the date when the Contractor desires the Project Manager’s consent. In the event the Project Manager
determines that such proposed deviations do not ensure substantially equal or higher quality, the
Contractor shall comply with the standards specified in the documents.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Procurement Documents. They should not be included in the final documents.
Old staff quarter room wall ,ceiling, wall putty application and painting work & replacement
1
of toilet pan, fixing kitchen sink, wash basin, taps, pipe and fittings works (all complete)
2 Applying two coat Distemper paint and one coat primer in old surface B-D&E type quarter
Applying Two coat enamel paint and one coat primer All complete work (B,D&E -type
3
Quarter)
Making and fitting 3mm glazed shutter in 38 mm* 75 mm sal wood frame shutters size
4
10893*1.22 sq. m
Fixing mosquito proof stainless wire mesh net with chicken mesh using timber beads
5
fitting all complete work B, D& E -type quarter
6 Fixing 4 mm plywood both side of door using fitting all complete work
7 Udisa Toilet pan 18''with trap and foot rest all complete work ( b, d &e type quarter)
9 Wash basin fitting work all complete work. type b, d & e quarter
Earth work excavation in trench, foundation in soft clay and silty soil including compaction
10
, disposal upto 10m lead and 1.5 m lift all complete works
11 Flat 2nd class brick soling work in line and level all complete work
Demolishing cement mortar masonry wall and removing demolished materials 10m away
13
from the site
Brick masonary works along with supply chimney (Bhatta) 1st class bricks making cement
14 sand mortar ratio (1:4) and constant of bricks walls and curing including haulage distance
all complete works
Laying 12.5mm thick cement sand mortar ratio (1:4) plaster on wall and curing all
15
complete works
Making and fixing 4mm thick commercial ply wood flush shutter (plywood both side)38
16
mm thick Sal Wood frame shutter size (1.092*2.058) sq. m
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 62
17 Making (Chaukhat) Sal-wood Frame and fitting works as direction door size (100*75) mm
Mixed river sand gravel (back filling )works in line and level as per drawing and instruction
18
of engineer all complete work
Supply of Ceiling fan 48" with speed controller, their fittings, hanging and electrical works
19
all complete.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 63
Supplementary Information
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 64
SECTION - VI
Bill of Quantities1
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail
to distinguish between the different classes of Works, or between Works of the same nature carried
out in different locations or in other circumstances which may give rise to different considerations of
cost. Consistent with these requirements, the layout and content of the Bill of Quantities should be as
simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of
measurement which have been adopted in the preparation of the Bill of Quantities and which are to
be used for the measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts
of the Works which by nature, location, access, timing, or any other special characteristics may give
rise to different methods of construction, or phasing of the Works, or considerations of cost. General
items common to all parts of the works may be grouped as a separate section in the Bill of Quantities.
1
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this
section.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 65
(a) A list of the various classes of labour, materials, and Constructional Plant for which basic day work
rates or prices are to be inserted by the Bidder, together with a statement of the conditions under
which the Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as
bid. The rate to be entered by the Bidder against each basic Day work item should include the
Contractor’s profit, overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price
increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of
such provisional sums often facilitates budgetary approval by avoiding the need to request periodic
supplementary approvals as the future need arises. Where such provisional sums or contingency
allowances are used, the Contract Data should state the manner in which they will be used, and under
whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried
forward, with provisional sums for Day work, for physical (quantity) contingencies, and for price
contingencies (upward price adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Bidding documents. They should not be included in the final documents.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 66
A. General
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and Special
Conditions of Contract, Technical Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to
provide a common basis for bidding. The basis of payment will be the actual quantities of work
ordered and carried out, as measured by the Contractor and verified by the Project Manager and
valued at the rates and prices bid in the priced Bill of Quantities, where applicable, and
otherwise at such rates and prices as the Project Manager may fix within the terms of the Contract.
3. For any item for which measurement is based on records made before or during construction the records
shall be prepared and agreed between the Engineer and the Contractor. Should the Contractor carry out
such work without the prior agreement of the Engineer, the Engineer may request the Contractor to
carry out investigations to confirm the extent of the work and the quantity of work certified for payment
shall be solely at the Engineer's discretion. The cost of any such investigation shall be borne by the
Contractor.
4. The rates and prices bid in the priced Bill of Quantities shall, except as otherwise provided under
the Contract, include all construction equipment, labor, supervision, materials, erection, maintenance,
insurance, profit, taxes, and duties, together with all general risks, liabilities, and obligations set out or
implied in the Contract.
5. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of items against which the Contractor has failed to enter a rate
or price shall be deemed to be covered by other rates and prices entered in the Bill of Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included in the Items provided
in the priced Bill of Quantities, and where no Items are provided, the cost shall be
deemed to be distributed among the rates and prices entered for the related Items of Work.
7. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities. The Specification Clause references where given in the item description of the Bills of
Quantities are for the convenience of bidders and generally refer to the principal relevant- specification
clause but do not necessarily represent the whole of the specification requirements for the work
required within the item. The presence of a Specification clause reference shall not in any way reduce
the Bidders obligation to complete work in accordance with all the requirements of the Specification.
8. Provisional Sums included and so designated in the Bill of Quantities shall be expended in whole
or in part at the direction and discretion of the Project Manager in accordance with the Conditions of
Contract.
9. The method of measurement of completed work for payment shall be in accordance with the
Specifications.
10. The abbreviations and symbols used in this Bill of Quantities are:
[Insert as applicable]
B. Day work Schedule
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 67
a) General
1. Work shall not be executed on a day work basis except by written order of the Project Manager. Bidders
shall enter basic rates for day work items in the Schedules. These rates shall apply to any quantity of
day work ordered by the Project Manager. Nominal quantities have been indicated against each item of
day work, and the extended total for day work shall, be carried forward as a Provisional Sum to the
Summary Total Bid Amount. Unless otherwise adjusted, payments for day work shall be subject to price
adjustment in accordance with the provisions in the Conditions of Contract.
b) Day work Labor
1. In calculating payments due to the Contractor for the execution of day works, the hours for labor will
be reckoned from the time of arrival of the labor at the job site to execute the particular item of day work
to the time of departure from the job site, but excluding meal breaks and rest periods. Only the time of
classes of labor directly doing work ordered by the Project Manager and are competent to perform such
work will be measured. The time of gangers (charge hands) actually doing work with the gangs will
also be measured but not the time of foremen or other supervisory personnel.
2. The Contractor shall be entitled to payment in respect of the total time that labor is employed on day
work, calculated at the basis rates entered by it in the " SCHEDULE OF DAY WORK RATES: 1.
LABOR". The rates for labor shall be deemed to cover all costs to the Contractor including (but not
limited to) i) the amount of wages paid to such labor, transportation time, overtime, subsistence
allowances, ii) any sums paid to or on behalf of such labor for social benefits in accordance with Nepal
law, iii) Contractor's profit, overheads, superintendence, liabilities and insurance and iv) charges
incidental to the foregoing.
c) Day work Equipment
1. The Contractor shall be entitled to payments in respect of Constructional Plant already on site and
employed on day work at the basis rental rates entered by him in the “SCHEDULE OF DAY WORK
RATES:2 EQUIPMENT ”. The said rates shall be deemed to include due and complete allowance for
depreciation, interest, indemnity and insurance, repairs, maintenance, supplies, fuel, lubricant, and other
consumables and all overhead, profit and administrative costs related to the use of such equipment. The
cost of drivers, operators and assistants also shall be included in the rate of the equipment and no
separately payment shall be made for it.
2. In calculating the payment due to the Contractor for Constructional Plant employed on day work, only
the actual number of working hours will be eligible for payment, except that where applicable and
agreed with the Project Manager, the travelling time from the part of the Site where the Construction
Plant was located when ordered by the Project Manager to be employed on day work and the time for
return journey there to shall be included for payment.
d) Day work Materials
1. The Contractor shall be entitled to payment in respect of materials used for day work (except for materials
for which the cost is included in the percentage addition to labor costs as detailed heretofore), at the
rates entered by him in the "SCHEDULE OF DAY WORK RATES: 3 MATERIALS" and shall be
deemed to include overhead charges and profit as follows;
(i) the rates for materials shall be calculated on the basis of the invoiced price, freight, insurance,
handling expenses, damage, losses, etc. and shall provide for delivery to store for stockpiling at the
Site.
(ii) the cost of hauling materials for use on work ordered to be carried out as day work, from the store
or stockpile on the Site to the place where it is to be used also shall be include in the same rate.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 68
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price
increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of
such provisional sums often facilitates budgetary approval by avoiding the need to request periodic
supplementary approvals as the future need arises. Where such provisional sums or contingency allowances
are used, the SCC should state the manner in which they will be used, and under whose authority (usually
the Project Manager’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other
contractors should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum
with an appropriate brief description. A separate procurement procedure is normally carried out by the
Employer to select such specialized contractors. To provide an element of competition among the Bidders
in respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional sum should
be followed by an item in the Bill of Quantities inviting the Bidder to quote a sum for such amenities,
facilities, attendance, etc.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 69
Bill of Quantities
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 70
Rate Total
S.No. Description of Works Unit Quantity Remarks
In Figure In Words Amount
Flat 2nd class brick soling work in line and level all
11 Sq. m
complete work 233.12
Date:
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 73
Part - III
CONDITIONS OF CONTRACT
AND CONTRACT FORMS
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 74
Table of Clauses
SECTION - VII
General Conditions of Contract
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 78
A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of any
defects.
(b) The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity, which is used for
valuations and for assessing the effects of Variations and
Compensation Events.
(c) The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the first
instance, as provided for in GCC 23.2 hereunder.
(d) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(e) Compensation Events are those defined in GCC 42
hereunder.
(f) The Completion Date is the date of completion of the
Works as certified by the Project Manager, in accordance
with GCC 53.1.
(g) The Contract is the Contract between the Employer and the
Contractor to execute, complete, and maintain the Works.
It consists of the documents listed in GCC 2.3 below.
(h) The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(i) The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated
in the Letter of Acceptance and thereafter as adjusted in
accordance with the Contract.
(k) Days are calendar days; months are calendar-months.
(l) Day works are varied work inputs subject to payment on a time
basis for the Contractor’s employees and Equipment, in
addition to payments for associated Materials and Plant.
(m) A Defect is any part of the Works not completed in
accordance with the Contract.
(n) The Defects Liability Certificate is the certificate issued by
Project Manager upon correction of defects by the Contractor.
(o) The Defects Liability Period is the period calculated from
Site.
2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also
means female or neuter, and the other way around. Headings
have no significance. Words have their normal meaning under
the language of the Contract unless specifically defined. The
Project Manager shall provide instructions clarifying queries
about these GCC.
2.2 If sectional completion is specified in the SCC, references in
the GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(a) Contract Agreement,
(b) Letter of Acceptance,
(c) Letter of Bid,
(d) Special Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities (or Schedules of Prices for lump sum
contracts), and
(i) Any other document listed in the SCC as forming part of the
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 81
Contract.
3. Language and Law 3.1 The language of the Contract and the law governing the Contract
are stated in the SCC.
1. Project Manager's 4.1 Except where otherwise specifically stated, the Project Manager
Decisions shall decide contractual matters between the Employer and the
Contractor in the role representing the Employer.
2. Delegation 5.1 The Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after
notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
4. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval of
the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.
5. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other Contractors, as
referred to in the SCC. The Contractor shall also provide
facilities and services for them as described in the Schedule.
The Employer may modify the Schedule of Other Contractors,
and shall notify the Contractor of any such modification
6. Personnel and Equipment 9.1 The Contractor shall employ the key personnel and use the
equipment identified in its Bid to carry out the Works, or other
personnel and equipment approved by the Project Manager. The
Project Manager shall approve any proposed replacement of key
personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those
proposed in the Bid.
9.2 If the Project Manager asks the Contractor to remove a person who
is a member of the Contractor’s staff or work force, stating the
reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the
work in the Contract.
7. Employer’s and 10.1 The Employer carries the risks which this Contract states are
Contractor's Risk Employer’s risks, and the Contractor carries the risks which this
Contract states are Contractor’s risks.
11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has
been issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage
to property (excluding the Works, Plant, Materials, and
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 82
12. Contractor’s Risks 12.1 From the Starting Date until the Defects Liability Certificate has
been issued, the risks of personal injury, death, and loss of or
damage to property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s
risks are Contractor’s risks.
13. Insurance 13.1 The Contractor shall provide insurance in the joint names of
the Employer and the Contractor from the Start Date to the end
of the Defects Liability Period, in the amounts and deductibles
stated in the SCC for the following events which are due to the
Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract;
and
(d) Personal injury or death.
14. Site Investigation Reports 14.1 The Contractor, in preparing the Bid, shall rely on any
Site Investigation Reports referred to in the SCC,
supplemented by any information available to the Bidder.
15. Contractor to Construct 15.1 The Contractor shall construct and install the Works in
the Works accordance with the Specifications and Drawings.
16. The Works to Be 16.1 The Contractor may commence execution of the Works on the
Completed within Start Date and shall carry out the Works in accordance with
intended Completion Date the Program submitted by the Contractor, as updated with the
approval of the Project Manager, and complete them within
the intended Completion Date.
17. Design by contractor and 17.1 The contractor shall be responsible for the design of permanent
Approval by the Project works as specified in SCC.
Manager
17.2 Contractor shall be responsible for design of the Temporary
Works. The Contractor shall submit Specifications and
Drawings showing the proposed Temporary Works to the
Project Manager, for his approval.
17.3 All Drawings prepared by the Contractor for the execution
of the temporary or permanent Works, shall be subject to prior
approval by the Project Manager before their use.
17.4 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of temporary works.
18. Safety, Security and 18.1 The Contractor shall, throughout the execution, and
Protection of the completion of the works and remedying of any defects
Environment therein:
a. Have full regard for the safety of all persons entitled to be
upon the site and keep the site (so as the same is under his
control) and the works (so far as the same are not
completed or occupied by the Employer) in an orderly state
appropriate to the avoidance of danger to such persons.
b. Provide and maintain at his own cost all lights, guards,
fencing, warning signs and watching, when necessary or
required by the Project Manager or by any duly
constituted authority, for the protection of the Works of for
the safety and convenience of the public or others.
c. Take all reasonable steps to protect the environment on and
off the site and to avoid damage or nuisance to persons
or to property of the public or others resulting from pollution,
noise or other causes arising as a consequence of his
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 84
methods of operation.
d. Ensure that any cut or fill slopes are planted in grass or other
plant cover as soon as possible to protect them from erosion.
e. Any spoil or material removed from drains shall be disposed
off to designated stable tipping areas as directed by the
Project Manager.
f. Shall not use fuel wood as a means of heating during
the processing or preparation of any materials forming part
of the works.
g. The Project Manager shall have the power to disallow
any working practice or activity of the Contractor or direct
that such practices or activities be modified should the
Project Manager consider, on the advice of the relevant
Government Departments, that the practices or activities
will be harmful to wildlife.
h. Provide on the Site such life saving apparatus as may
be appropriate and an adequate and easily accessible first
aid outfit or such outfits as may be required by any
government ordinance, factory act, etc., subsequently
published and amended from time to time.
20. Possession of the 20.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated
Site
in the SCC, the Employer shall be deemed to have delayed the
start of the relevant activities, and this shall be a Compensation
Event.
21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person
authorized by the Project Manager access to the Site and to
any place where work in connection with the Contract is being
carried out or is intended to be carried out.
22. Instructions, Inspections 22.1 The Contractor shall carry out all instructions of the Project
and Audits Manager which comply with the applicable laws where the
Site is located.
22.2 The Contractor shall permit the GoN/DP and/or persons
appointed by the GoN/DP to inspect the Site and/or the accounts
and records of the Contractor and its sub-contractors relating
to the performance of the Contract, and to have such accounts
and records audited by auditors appointed by the GoN/DP if
required by the GoN/DP. The Contractor’s attention is drawn to
Sub-Clause 58.2 which provides, inter alia, that acts intended to
materially impede the exercise of the GoN’s/DP’s inspection
and audit rights provided for under this Sub-Clause constitute a
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 85
23. Dispute Settlement 23.1 The Employer and the Contractor shall attempt to settle
amicably by direct negotiation any disagreement or dispute
arising between them under or in connection with the Contract.
23.2 Any dispute between the Parties as to matters arising
pursuant to this Contract which cannot be settled amicably
within thirty (30) days after receipt by one Party of the other
Party‘s request for such amicable settlement may be referred
to Arbitration within 30 days after the expiration of amicable
settlement period.
25 Procedures for Disputes 25.1 In case of arbitration, the arbitration shall be conducted in
accordance with the arbitration procedures published by the
Nepal Council of Arbitration (NEPCA) at the place given in the
SCC.
B. Time Control
26. Program 26.1 Within the time stated in the SCC, after the date of the
Letter of Acceptance, the Contractor shall submit to the
Project Manager for approval a Program showing the general
methods, arrangements, order, and timing for all the activities
in the Works. In the case of a lump sum contract, the activities
in the Program shall be consistent with those in the Activity
Schedule.
26.2 An update of the Program shall be a program showing the
actual progress achieved on each activity and the effect of the
progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
26.3 The Contractor shall submit to the Project Manager for
approval an updated Program at intervals no longer than the
period stated in the SCC. If the Contractor does not
submit an updated Program within this period, the Project
Manager may withhold the amount stated in the SCC from the
next payment certificate and continue to withhold this
amount until the next payment after the date on which the
overdue Program has been submitted. In the case of a lump sum
contract, the Contractor shall Provide an updated Activity
Schedule within 15 days of being instructed to by the Project
Manager.
26.4 The Project Manager’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise the
Program and submit it to the Project Manager again at
any time. A revised Program shall show the effect of
Variations and Compensation Events.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 86
27. Extension of 27.1 The Project Manager shall extend the Intended Completion
Date if a Compensation Event occurs or a Variation is
the Intended
issued which makes it impossible for Completion to be
Completion Date achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining work,
which would cause the Contractor to incur additional cost.
27.2 The Project Manager shall decide whether and by how
much to extend the Intended Completion Date within 21
days of the Contractor asking the Project Manager for a
decision upon the effect of a Compensation Event or
Variation and submitting full supporting information at
least 7 days prior to the intended completion date. If the
Contractor has failed to give early warning of a delay or has
failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended
Completion Date.
28. Acceleration 28.1 When the Employer wants the Contractor to finish before
the Intended Completion Date, the Project Manager shall
obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Employer accepts
these proposals, the Intended Completion Date shall be
adjusted accordingly and confirmed by both the Employer
and the Contractor.
28.2 If the Contractor’s priced proposals for acceleration are
accepted by the Employer, they are incorporated in the
Contract Price and treated as a Variation.
29. Delays Ordered by the 29.1 The Project Manager may instruct the Contractor to delay
Project Manager the start or progress of any activity within the Works.
30. Management Meetings 30.1 Either the Project Manager or the Contractor may require
the other to attend a management meeting. The business of
a management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance
with the early warning procedure.
30.2 The Project Manager shall record the business of
management meetings and provide copies of the record to
those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management
meeting or after the management meeting and stated in
writing to all who attended the meeting.
31. Early Warning 31.1 The Contractor shall warn the Project Manager at the
earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the
work, increase the Contract Price, or delay the execution of
the Works. The Project Manager may require the
Contractor to provide an estimate of the expected effect of
the future event or circumstance on the Contract Price and
Completion Date. The estimate shall be provided by the
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 87
C. Quality Control
32. Identifying Defects 32.1 The Project Manager shall check the Contractor’s work and
notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities.
The Project Manager may instruct the Contractor to search
for a Defect and to uncover and test any work that the Project
Manager considers may have a Defect.
33. Tests 33.1 If the Project Manager instructs the Contractor to carry out a
test not specified in the Specification to check whether any
work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is
no Defect, the test shall be a Compensation Event.
34. Correction of Defects 34.1 The Project Manager shall give notice to the Contractor of
any Defects before the end of the Defects Liability Period,
which begins at Completion, and is defined in the SCC. The
Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified
by the Project Manager’s notice.
35. Uncorrected Defects 35.1 If the Contractor has not corrected a Defect within the time
specified in the Project Manager’s notice, the Project
Manager shall assess the cost of having the Defect
corrected, and the Contractor shall pay this amount.
D. Cost Control
36. Contract Price 36.1 In the case of a Unit Rate contract, the Bill of Quantities
shall contain priced items for the Works to be performed
by the Contractor. The Bill of Quantities is used to
calculate the Contract Price. The Contractor will be paid for
the quantity of the work accomplished at the rate in the Bill
of Quantities for each item.
36.2 In the case of a lump sum contract, the Activity Schedule
shall contain the priced activities for the Works to be
performed by the Contractor. The Activity Schedule is used to
monitor and control the performance of activities on which
basis the Contractor will be paid. If payment for Materials
on Site shall be made separately, the Contractor shall show
delivery of Materials to the Site separately on the Activity
Schedule.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 88
37. Changes in the Contract 37.1 In the case of an Unit Rate contract:
Price
(a) If the final quantity of the work done differs from the
quantity in the Bill of Quantities for the particular item
by more than 25 percent, provided the change exceeds 2
percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change.
(b) The Project Manager shall not adjust rates from changes
in quantities if thereby the Initial Contract Price is
exceeded by more than 10 percent, except with the prior
approval of the Employer.
(c) If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.
37.2 In the case of a lump sum contract, the Activity Schedule shall
be amended by the Contractor to accommodate changes of
Program or method of working made at the Contractor’s own
discretion. Prices in the Activity Schedule shall not be
altered when the Contractor makes such changes to the
Activity Schedule.
38. Variations 38.1 All Variations shall be included in updated Programs, and,
in the case of a lump sum contract, also in the Activity
Schedule, produced by the Contractor.
39. Cash Flow Forecasts 39.1 When the Program, or, in the case of a lump sum contract,
the Activity Schedule, is updated, the Contractor shall
provide the Project Manager with an updated cash flow
forecast.
40. Payment Certificates 40.1 The Contractor shall submit to the Project Manager monthly
statements of the estimated value of the work executed less
the cumulative amount certified previously.
40.2 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor
within 30 days of submission by contractor.
40.3 The value of work executed shall be determined by the
Project Manager.
40.4 The value of work executed shall comprise:
(a) In the case of an Unit Rate contract, the value of
the quantities of work in the Bill of Quantities that have
been completed; or
(b) In the case of a lump sum contract, the value of
work executed shall comprise the value of completed
activities in the Activity Schedule.
40.5 The value of work executed shall include the valuation of
Variations and Compensation Events.
40.6 The Project Manager may exclude any item certified in a
previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.
41. Payments 41.1 Payments shall be adjusted for deductions for advance
payments and retention. The Employer shall pay the
Contractor the amounts certified by the Project Manager
within 30 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be paid
interest as indicated in the SCC on the late payment in the
next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date
when the late payment is made.
43. Tax 43.1 The Project Manager shall adjust the Contract Price if
taxes, duties, and other levies are changed between the date
30 days before the submission of bids for the Contract and
the date of the last Completion certificate. The adjustment
shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already
reflected in the Contract Price or are a result of GCC 45.
45. Price Adjustment 45.1 Prices shall be adjusted for fluctuations in the cost of inputs
only if provided for in the SCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts
due.
45.2 Adjustment Formulate2: "The adjustment to the Interim
Payment Certificates in respect of changes in cost and
legislation shall be determined from separate formulae for
each of the types of construction work to be performed and
Plant to be supplied. The formulae will be of the following
general type:
𝐿𝑛 𝑀𝑛 𝐸𝑛
𝑝𝑛 = 𝐴 + 𝑏 + 𝑐 + 𝑑 + 𝑒𝑡𝑐.
𝐿𝑜 𝑀𝑜 𝐸𝑜
Where:
pn is a price adjustment factor to be applied to the
2
For complex Works involving several types of construction work with different inputs, a family of Formulae
will be necessary. The various items of Day work may also require different formulae, depending on the nature and
source of the inputs
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 92
3
Insert a figure for factor A only where there is a part of the Contractors’ expenditures which will not be subject to
fluctuation in cost or to compensate for the unreliability of some indices. A should normally be 0.15. The sum of
A, b, c, d, etc., should be one.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 93
46. Retention 46.1 The Employer shall retain from each payment due to
the Contractor the proportion stated in the SCC until
Completion of the whole of the Works.
46.2 Upon the issue of a Defects Liability Certificate by the
Project Manager, in accordance with GCC 55.1, half the
total amount retained shall be repaid to the Contractor and
half when the Contractor has submitted the Tax evidence
document issued by the concerned Internal Revenue
Office that the contractor has submitted his Income Returns
. On completion of the whole works, the Contractor may
substitute retention money with an “on demand” bank
guarantee.
47. Liquidated Damages 47.1 The Contractor shall pay liquidated damages to the Employer
at the rate per day stated in the SCC for each day that the
Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct
liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the
Contractor’s liabilities.
47.2 If the Intended Completion Date is extended after
liquidated damages have been paid, the Project Manager
shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate. The
Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of repayment,
at the rates specified in GCC.41
48. Bonus 48.1 The Contractor shall be paid a Bonus calculated at the
rate per calendar day stated in the SCC for each day
(less any days for which the Contractor is paid for
acceleration) that the Completion is earlier than the
Intended Completion Date. The Project Manager shall certify
that the Works are complete, although they may not be due to
be complete.
49. Advance Payment 49.1 The Employer shall make advance payment to the
Contractor of the amounts stated in the SCC by the date
stated in the SCC, against provision by the Contractor of
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 95
51. Day works 51.1 If applicable, the Day works rates in the Contractor’s Bid
shall be used for small additional amounts of work only
when the Project Manager has given written instructions
in advance for additional work to be paid for in that way.
51.2 All work to be paid for as Day works shall be recorded by
the Contractor on forms approved by the Project
Manager. Each completed form shall be verified and
signed by the Project Manager within two days of the work
being done.
51.3 The Contractor shall be paid for Day works subject to
obtaining signed Day works forms.
53. Completion 53.1 The Contractor shall request the Project Manager to
issue a certificate of Completion of the Works, and the
Project Manager shall do so upon deciding that the work is
completed.
54. Taking Over 54.1 The Employer shall take over the Site and the Works
within seven days of the Project Manager’s issuing a
certificate of Completion.
55. Final Account 55.1 The Contractor shall supply the Project Manager with a
detailed account of the total amount that the Contractor
considers payable under the Contract before the end of the
Defects Liability Period. The Project Manager shall issue a
Defects Liability Certificate and certify any final payment
that is due to the Contractor within 60 days of receiving the
Contractor’s account if it is correct and complete. If it is
not, the Project Manager shall issue within 60 days a
schedule that states the scope of the corrections or
additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Project
Manager shall decide on the amount payable to the
Contractor and issue a payment certificate.
56. Operating and Maintenance 56.1 If “as built” Drawings and/or operating and maintenance
Manuals manuals are required, the Contractor shall supply them by
the dates stated in the SCC.
56.2 If the Contractor does not supply the Drawings and/or
manuals by the dates stated in the SCC pursuant to GCC
56.1, or they do not receive the Project Manager’s approval,
the Project Manager shall withhold the amount stated in
the SCC from payments due to the Contractor.
57.1 In no case, the Contractor shall terminate the Contract
57. Termination
unilaterally without duly notifying the Employer.
(a) The Contractor uses the advance payment for matters other
than the contractual obligations,
58. Fraud and Corruption 58.1 If the Employer determines that the Contractor has engaged
in corrupt, fraudulent, collusive, coercive or obstructive
practices, in competing for or in executing the Contract, then
the Employer may, after giving 15 days notice to the
Contractor, terminate the Contractor's employment under the
Contract and expel him from the Site.
58.2 Should any employee of the Contractor be determined to have
engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practice during the execution of the Works, then
that employee shall be removed in accordance with Clause 9.
For the purposes of this Sub-Clause;
(i) “corrupt practice” is the offering, giving, receiving or
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 98
59. Black Listing 59.1 Without prejudice to any other rights of the Employer under
this Contract, GoN, Public Procurement Monitoring Office
(PPMO), on the recommendation of procuring entity, may
blacklist a Bidder for its conduct for a period of one (1) to
three (3) years on the following grounds and seriousness of
the act committed by the bidder.
(a) if it is established that the Contractor has committed
substantial defect in implementation of the contract or
has not substantially fulfilled its obligations under the
contract or the completed work is not of the specified
quality as per the contract.
60. Payment upon Termination 60.1 If the Contract is terminated because of a fundamental
breach of Contract by the Contractor, the Project Manager
shall issue a certificate for the value of the work done and
Materials ordered less advance payments received up to the
date of the issue of the certificate and less the percentage
to apply to the value of the work not completed, as
indicated in the SCC. Additional Liquidated Damages shall
not apply. If the total amount due to the Employer exceeds
any payment due to the Contractor, the difference shall be a
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 99
61. Property 61.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of the
Employer if the Contract is terminated because of the
Contractor’s default.
62. Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any
other event entirely outside the control of either the Employer
or the Contractor, the Project Manager shall certify that the
Contract has been frustrated. The Contractor shall make the
Site safe and stop work as quickly as possible after receiving
this certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which a
commitment was made.
63. Suspension of DP 63.1 In the event that the Donor Agency suspends the loan/
Loan/Credit/Grant credit/grant to the Employer from which part of the payments
to the Contractor are being made:
a. the Employer is obligated to notify the Contractor of
such suspension within 7 days of having received the
Donor Agency's suspension notice; and
b. if the Contractor has not received sums due him within the
30 days for payment provided for in Sub-Clause 41.1,
the Contractor may immediately issue a 15-day termination
notice.
64. Project Manager’s Duties 64.1 The Project Manager’s duties and authorities are restricted
and Authorities to the extent as stated in the SCC.
65. Quarries and Spoil Dumps 65.1 Any quarry operated as part of this Contract shall be
maintained and left in a stable condition without steep slopes
and be either refilled or drained and be landscaped by
appropriate planting. Rock or gravel taken from a river shall
be removed over some distance so as to limit the depth of
material removed at any one location, not disrupt the river
flow or damage or undermine the river banks. The Contractor
shall not deposit excavated material on land in
Government or private ownership except as directed by
the Project Manager in writing or by permission in writing
of the authority responsible for such land in Government
ownership, or of the owner or responsible representative of
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 100
66. Local Taxation 66.1 The prices tendered by the Contractor shall include all taxes
that may be levied in accordance to the laws and regulations
in being in Nepal on the date 30 days prior to the closing date
for submissions of Bids on the Contractor’s equipment,
plant and materials acquired for the purpose of the
Contract and on the services performed under the
Contract. Nothing in the Contract shall relieve the Contractor
from his responsibility to pay any tax that may be levied
in Nepal on profits made by him in respect of the Contract.
67. Value Added Tax 67.1 The Contract is not exempted from value added tax. An
amount specified in the schedule of taxes shall be paid by the
Contractor in the concerned VAT office within time frame
specified in VAT regulation.
68. Income Taxes on Staff 68.1 The Contractor’s staff, personnel and labor will be liable
to pay personal income taxes in Nepal in respect of their
salaries and wages, as are chargeable under the laws and
regulations for the time being in force, and the Contractor
shall perform such duties in regard to such deductions as may
be imposed on him by such laws and regulations.
68.2 The issue of the Final Account Certificate pursuant to clause
55 shall be made only upon submittal by the Contractor
of a certificate of income tax clearance from the
Government of Nepal.
69. Duties, Taxes and Royalties 69.1 Any element of royalty, duty or tax in the price of any goods
including fuel oil, and lubricating oil, cement, timber, iron
and iron goods locally procured by the Contractor for the
works shall be included in the Contract rates and prices
and no reimbursement or payment in that respect shall be
made to the Contractor.
69.2 The Contractor shall familiarize himself with GON the rules
and regulations with regard to customs, duties, taxes,
clearing of goods and equipment, immigration and the like,
and it will be necessary for him to follow the required
procedures regardless of the assistance as may be provided by
the Employer wherever possible.
69.3 The Contractor shall pay and shall not be entitled to the
reimbursement of cost of extracting construction materials
such as sand, stone/boulder, gravel, etc. from the river beds
or quarries. Such prices will be levied by the local District
Development Committee (DDC) as may be in force at
the time. The Contractor, sub-contractor(s) employed
directly by him and for whom he is responsible, will not be
exempted from payment of royalties, taxes or other kinds of
surcharges on these construction materials so extracted and
paid for to the DDC.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 101
70. Member of Government, etc, 70.1 No member or officer of GoN or the Employer or the Project
not Personally Liable Manager or any of their respective employees shall be in
any way personally bound or liable for the act or
obligations of the Employer under the Contract or
answerable for any default or omission in the observance or
performance of any of act, matter or thing which are
herein contained.
71. Approval of Use of 71.1 No explosives of any kind shall be used by the Contractor
Explosives without the prior consent of the Employer in writing and
the Contractor shall provide, store and handle these and
all other items of every kind whatsoever required for
blasting operations, all at his own expense in a manner
approved in writing by the Employer.
72. Compliance with 72.1 The Contractor shall comply with all relevant ordinances,
Regulations for Explosives instructions and regulations which the Government, or
other person or persons having due authority, may issue
from time to time regarding the handling, transportation,
storage and use of explosives.
73. Permission for Blasting 73.1 The Contractor shall at all times maintain full liaison with and
inform well in advance, and obtain such permission as is
required from all Government authorities, public bodies and
private parties whatsoever concerned or affected, or likely to be
concerned or affected by blasting operation.
74. Records of Explosives 74.1 Before the beginning of the Defects Liability Period, the Contractor
shall account to the satisfaction of the Project Manager for all
explosives brought on to the Site during the execution of the
Contract and the Contractor shall remove all unused explosives
from the Site on completion of works when ordered by the Project
Manager.
SECTION - VIII
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the GCC. Whenever there is a conflict, the
provisions herein shall prevail over those in the GCC
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 103
GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be 45
days
[insert
GCCs 1.1 The Project Manager is Center Chief (Multifuel Power Plant)
(aa) & 4.1 The Project Manager and Engineer are synonyms.
GCC 1.1 (jj) The Works consist of Repair and Maintenance works of Staff-Quarters at bansbari,
Morang.
GCC 2.2
GCC 2.3(i) The following documents also form part of the Contract: Specification for
building construction works issued by Government of Nepal
GCC 25.1 The place of arbitration shall be: Kathmandu , Nepal as per NEPCA
B. Time Control
GCC 26.1 The Contractor shall submit for approval a Program for the Works within 7 days
from the date of the Letter of Acceptance.
C. Quality Control
GCC 34.1 The Defects Liability Period is: 365 days.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 104
D. Cost Control
GCC 47.1 The liquidated damages for the whole of the Works are 0.05 PERCENT of the final
Contract Price per day. The maximum amount of liquidated damages for the whole
of the Works is 10 PERCENT of the final Contract Price.
GCC 48.1 The Bonus for the whole of the Works is not applicable
GCC 49.1 The Advance Payments shall be: 20 % of Contract Price and shall be paid to the
Contractor in two installment. First 10% shall be paid after agreement and next 10% shall
be paid after satisfactory start of work
GCC 49.3 Deductions from Payment Certificates will commence in the first certificate in which
the value of works executed exceeds 30% of the Contract Price. Deduction will be at
the rate of [DETERMINED LATER] of the respective Monthly Interim Payment
Certificate until such time as the advance payment has been repaid; provided that
the advance payment shall be completely repaid prior to the end of 80 % of the
approved contract period.
GCC 56.1 The date by which operating and maintenance manuals are required is work
completion date
The date by which “as built” drawings are required is no later than one month
from the completion of Contract
GCC 60.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is N/A
GCC 64 The Project Manager has to obtain the specific approval of the Employer for taking
any of the following actions :
a. Approving subcontracting of any part of the works under General Conditions
of Contract Clause 7;
b. Certifying additional costs determined under General Conditions of
Contract
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 105
Clause 42;
c. Determining start date under General Conditions of Contract Clause 1;
d. Determining the extension of the intended Completion Date under General
Conditions of Contract Clause 27;
e. Issuing a Variation under General Conditions of Contract Clause 1 and 38,
except in an emergency situation, as reasonably determined by the Project
Manager; emergency situation may be defined as the situation when
protective measures must be taken for the safety of life or of the works or of
adjoining property.
f. Adjustment of rates under General Conditions of Contract Clause 37;
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 106
Annex-1
Table of Price Adjustment Data
[SCC 45.1]
Base Employer's Proposed Bidder's Proposed
Index Source of
Code Value and Weighting Range Weighting
Description Index*
Date (coefficient) (coefficient)**
1 2 3 4 5 6
Non -
0.15 0.15
adjustable (A)
Labor (b)
Materials (c)
Equipment
usage (d)
Total 1.00
Note: Base value and Bidder’s proposed weighting coefficient to be filled as per “Bid Form of Table
of Price Adjustment Data” in Bidding Forms (Section-IV) after verification by the Employer
in case of the alternative provision of Bidder proposed value and weighting coefficient.
1 2 3 4 5
** For the purpose of calculation of price adjustment, the Ex-factory price of the same source mentioned in
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 107
SECTION - IX
Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 109
Letter of Intent
[on letterhead paper of the Employer]
Subject: ... ......................................................... .. Issuance of letter of intent to award the contract ............
This is to notify you that, it is our intention to award the contract ... ............................................... .[insert
date] ............................for execution of the ... .................................................................................... . [insert
name of the contract and identification number, as given in the Contract Data/SCC] to you as your bid
price ............................................ [insert amount in figures and words in Nepalese Rupees] as corrected
and modified in accordance with the Instructions to Bidders is hereby selected as substantially responsive
lowest evaluated bid.
Title: ……………………………………………….
CC:
[Insert name and address of all other Bidders, who submitted the bid]
Letter of Acceptance
[on letterhead paper of the Employer]
Date: ……………………..
You are hereby instructed to contact this office to sign the formal contract agreement within 15 days with
Performance Security as specified in the SCC consisting of a Bank Guarantee in the format included in
Section IX (Contract Forms) of this Bidding Document.
The Employer shall forfeit the bid security, in case you fail to furnish the Performance Security and to sign
the contract within specified period.
Contract Agreement
THIS AGREEMENT made the ....................................day of …………………………..
between…………………………. name of the Employer ……………………………….. (hereinafter
“the Employer”), of the one part, and ……………………………name of the Contractor
………………………………(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as ……………………….... name of the
Contract ..............................should be executed by the Contractor, and has accepted a Bid by the
Contractor for the execution and completion of these Works and the remedying of any defects in the sum
of NRs …..........…..[insert amount of contract price in words and figures including taxes] (hereinafter
“the Contract Price”).
2. The following documents shall be deemed to form and be read and construed as part of this Agreement.
(a) the Letter of Acceptance;
(b) the Letter of Bid;
(c) the Addenda Nos ................................... insert addenda numbers if any …………………
(d) the Special Conditions of Contract;
(e) the General Conditions of Contract;
(f) Bills of Quantities (BOQ);
(g) the Specification;
(h) the Drawings;
(i) the Activity Schedules; and
(j) Table of Price Adjustment Data
(k) .....................................................[Specify if there are any other document ]
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this
Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy
defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion
of the Works and the remedying of defects therein, the Contract Price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with
the laws of Nepal on the day, month and year indicated above.
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 112
We have been informed that ... ... [insert name of the Contractor] (hereinafter called "the Contractor")
has been notified by you to sign the Contract No. .. .. [insert reference number of the Contract] for the
execution of ... .. [insert name of contract and brief description of Works] (hereinafter called "the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we ... ............................................. . [insert name of the Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ............... [insert name
of the currency and amount in figures*] (... .................................. .. insert amount in words) such sum being
payable in Nepalese Rupees, upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your
needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the ............................................... . Day of ... ............. **, and
any demand for payment under it must be received by us at this office on or before that date.
…………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract in Nepalese Rupees.
** Insert the date thirty days after the date specified for the Defect Liability Period. The Employer should
note that in the event of an extension of the time for completion of the Contract, the Employer would
need to request an extension of this guarantee from the Guarantor. Such request must be in writing and
must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph:
“The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months],
in response to the Employer’s written request for such extension, such request to be presented to the
... Bank’s Name, and Address of Issuing Branch or Office ...
Date:
We have been informed that ... . name of the Contractor ... ............. . (hereinafter called "the Contractor")
has entered into Contract No. .. .. reference number of the Contract ... ................. dated ................ . with you,
MULTIFUEL POWER PLANT TENDER NO: NEA-DMDC-2077/078-CT-01 115
for the execution of .............................................. . name of contract and brief description of Works ... ............... .
(hereinafter called
"the Contract").Furthermore, we understand that, according to the Conditions of the Contract, an advance
payment in the sum
. name of the currency and amount in figures*... .......................................... . (... ........... . amount in words
........................................................................................................................................ .) is to
be made against an advance payment guarantee. At the request of the Contractor, we ... ............. . name of the Bank
.......................................................................................................... . hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ... ............................................ . name of the currency
and amount in
figures*... ......................................... . (............... . amount in words ... ............ .) upon receipt by us of your first
demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract
because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the
Works.
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment
repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be
presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment
certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the .......
day of ......**, whichever is earlier. Consequently, any demand for payment under this guarantee must be received
by us at this office on or before that date.
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
* The Guarantor shall insert an amount representing the amount of the advance payment in Nepalese Rupees of the
advance payment as specified in the Contract.
** Insert the date Thirty days after the expected completion date. The Employer should note that in the event of an
extension of the time for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the
form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee”.
SECTION-VI
Bill of Quantities
Notes for Unit Rate Contracts :
Objectives
The objectives of the Bill of Quantities are
(a) to provide sufficient information on the quantities of Works to be performed to enable Bids to be
prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic
valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different considerations of cost. Consistent with
these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurement
which have been adopted in the preparation of the Bill of Quantities and which are to be used for the
measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of the
Works which by nature, location, access, timing, or any other special characteristics may give rise to different
methods of construction, or phasing of the Works, or considerations of cost. General items common to all parts
of the works may be grouped as a separate section in the Bill of Quantities.
Day work Schedule
A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Employer of the realism of rates quoted by the
Bidders, the Day work Schedule should normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates
or prices are to be inserted by the Bidder, together with a statement of the conditions under which the
Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid. The
rate to be entered by the Bidder against each basic Day work item should include the Contractor’s profit,
overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum
in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future
need arises. Where such provisional sums or contingency allowances are used, the Contract Data should state
the manner in which they will be used, and under whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward, with
provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies (upward price
adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the person
drafting the Bidding documents. They should not be included in the final documents.
Bill of Quantities
1 Provisional Sum
Procument Item Details
SL.
Item Description Unit Quantity Unit Rate(NPR) Amount(NPR)
No
2 Construction work
Procument Item Details
VAT
Grand Total