Procurement of Works (Large or Complex) e-SBD

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Procurement Policy Office

(Established under section 4 of the Public Procurement Act 2006)

Ref: W/EPROC/POWLC1/12-21

STANDARD BIDDING DOCUMENTS

Procurement of Works
(Large or Complex)
(for use on the e-Procurement System)

Procurement Policy Office


Ministry of Finance Economic Planning and Development
December 2021

Foreword
ii

The Standard Bidding Documents in this publication follow the Standard Bidding
Documents of the World Bank and have been prepared pursuant to section 7(c) of the Public
Procurement Act 2006 for use by public bodies for procurement of Major or Complex works.
These documents must be used for National Open Advertised Bidding (OAB) and
International Competitive Bidding (ICB). They may be used without or following
prequalification.

Those wishing to submit comments or suggestions on the Bidding Documents or to obtain


additional information on procurement in Mauritius are encouraged to contact:

The Director
Procurement Policy Office
Ministry of Finance, Economic Planning and Development
Level 8, Emmanuel Anquetil Building, Port Louis, Mauritius
Tel: No. (+230)201-3760 & Fax: No. (+230)201-3758
Email: [email protected]
iii

Preface

These Standard Bidding Documents for Procurement of Large or Complex Works (SBD
LCW) have been prepared for the procurement of admeasurement (unit price or rate) type of
works. The General Conditions of Contract are as per FIDIC Conditions of Contract for
Construction for Buildings and Engineering Works designed by the Employer – First Edition
1999.
Although the Bidding Document is basically meant for Civil Works of contract amount
above Rs 400m following prequalification, it may also be used for lower value contract
without prequalification where the nature of Civil Works is such that the FIDIC Conditions
of Contract are considered more appropriate.
The document is organized into two (2) main components:

 The Standard Bidding Document; and


 A User’s Guide for Procurement of Major or Complex Works.
iv

Summary Description
These Standard Bidding Documents for Procurement of Works and its User’s Guide apply
either when a prequalification process has taken place before bidding or when a
prequalification process has not taken place before bidding (provided alternative documents
should be selected as applicable). A brief description of these documents is given below.

SBD for Procurement of Works


Summary
PART 1 – BIDDING PROCEDURES

Section I: Instructions to Bidders (ITB)


This Section provides relevant information to help Bidders prepare their bids.
Information is also provided on the submission, opening, and evaluation of
bids and on the award of Contracts. Section I contains provisions that are
to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section consists of provisions that are specific to each procurement and
that supplement the information or requirements included in Section I,
Instructions to Bidders.
Section III. Evaluation and Qualification Criteria (alternative Section III to be used
when Prequalification has taken place before bidding)
This Section contains the criteria to determine the lowest evaluated bid and to
ascertain the continued qualification of the Bidder to perform the contract.
Section III. Evaluation and Qualification Criteria (alternative Section III to be used
when Prequalification has not taken place before bidding)
This Section contains the criteria to determine the lowest evaluated bid and
the qualifications of the Bidder to perform the contract.
Section IV: Response Templates
This Section contains a set of templates format to support public bodies and
bidders in customizing Standard Bidding Documents and in submitting bids
online respectively.
v

PART 2 – WORKS REQUIREMENTS

Section V. Works Requirements


This Section contains the Specification, the Drawings, and supplementary
information that describe the Works to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VI. General Conditions (GC)


This Section contains the general clauses to be applied in all contracts.
Section VII. Particular Conditions (PC)
This Section consists of Part A, Contract Data, which contains data, and Part
B, Specific Provisions, which contains clauses specific to each contract. The
contents of this Section supplement the General Conditions and shall be
prepared by the Employer.
Section VIII: Annex to the Particular Conditions - 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.
vi

User’s Guide for SBD for Procurement of Works

The Guide to the Bidding Documents contains detailed explanations and recommendations
on how to prepare a bidding document for a specific procurement of Works and related
services. The Guide has been posted on the official website of PPO: ppo.govmu.org. The
Guide is not a part of the Bidding Documents.
BIDDING DOCUMENTS
Issued on: ____________________

for

Procurement of
[insert identification of the Works]
____________________________
_______________________________

OAB/ICB No: [insert OAB number]

Project: [insert name of Project]

Employer: [insert name of Employer]


2

Standard Bidding Document

Table of Contents

PART 1 – Bidding Procedures 4


Section I. Instructions to Bidders 5
Section II. Bid Data Sheet 33
Section III. Evaluation and Qualification Criteria (Following Prequalification) 40
Section III. Evaluation and Qualification Criteria (Without Prequalification) 44
Section IV. Response Template 55
3

PART 2 –Works Requirements 92


Section V. Works Requirements 92

PART 3 – Conditions of Contract and Contract Forms 97


Section VI. General Conditions (GC)98
Section VII. Particular Conditions (PC) 99
Section VIII. Annex to the Particular Conditions - Contract Forms 106

PART 1 – BIDDING PROCEDURES


Section I. Instructions to Bidders 4

Section I. Instructions to Bidders

Table of Clauses
A. General 7
1. Scope of Bid 7
2. Source of Funds 7
3. Public Entities Related to Bidding Documents & Challenge & Appeal 7
4. Fraud and Corruption 8
5. Eligible Bidders 10
6. Eligible Materials, Equipment, and Services 13

B. Contents of Bidding Documents 14


7. Sections of Bidding Documents 14
8. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting 14
9. Amendment of Bidding Documents 16

C. Preparation of Bids 16
10. Cost of Bidding 16
11. Language of Bid 16
12. Documents Comprising the Bid 16
13. Bid Submission Form and Schedules 17
14. Alternative Bids 17
15. Bid Prices and Discounts 18
16. Currencies of Bid and Payment 19
17. Documents Comprising the Technical Proposal 19
18. Documents Establishing the Qualifications of the Bidder 19
19. Period of Validity of Bids 20
20. Bid Security 20
21. Format and Signing of Bid 22

D. Submission and Opening of Bids 22


22. Sealing and Marking of Bids 22
23. Deadline for Submission of Bids 23
24. Late Bids 23
25. Withdrawal, Substitution, and Modification of Bids 24
26. Bid Opening 24

E. Evaluation and Comparison of Bids 25


27. Confidentiality 25
28. Clarification of Bids 25
29. Deviations, Reservations, and Omissions 25
30. Determination of Responsiveness 26
Section I. Instructions to Bidders 5

31. Nonmaterial Nonconformities 26


32. Correction of Arithmetical Errors 27
33. Conversion to Single Currency 27
34. Margin of Preference 27
35. Evaluation of Bids 28
36. Comparison of Bids 29
37. Qualification of the Bidder 29
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids 29

F. Award of Contract 29
39. Award Criteria 29
40. Notification of Award 29
41. Signing of Contract 30
42. Performance Security 30
43. Debriefing 31
6 Section I. Instructions to Bidders

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 Public Body herein after also
referred to as Employer, as indicated in the BDS, issues
these Bidding Documents for the procurement of Works as
specified in Section V, Works Requirements and Section VII
Particular Conditions of Contract. The name, identification,
and number of lots (contracts) of the Open Advertised
Bidding (open for local and overseas contractors) also
referred to (OAB) as provided in the BDS.
1.2 Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written
form (e.g. by mail, e-mail, fax, online) with proof of
receipt.
(b)except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular; and
(c)“day” means calendar day.
(d) “online” refers to the e-Procurement System
2. Source of Funds 2.1 The Works shall be financed by the Public Body’s own
budgetary allocation, unless otherwise stated in the BDS.
3. Public Entities 3.1 The public entities related to these bidding documents are the
Related to Bidding Public Body, acting as procurement entity(Employer), the
Documents & Procurement Policy Office, in charge of issuing standard
Challenge & bidding documents and responsible for any amendment these
Appeal may require, the Central Procurement Board in Charge of
vetting Bidding document, receiving and evaluation of bids
in respect of major contracts and the Independent Review
Panel, set up under the Public Procurement Act 2006
(hereinafter referred to as the Act.)

3.2 Sections 43, 44 and 45 of the Act provide for Challenge and
Review mechanism. Unsatisfied bidders shall follow
procedures prescribed in Regulations 48, 49 and 50 of the
Public Procurement Regulations 2008 to challenge
procurement proceedings and award of procurement
contracts or to file application for review at the Independent
Section I. Instructions to Bidders 7

Review Panel, if so required.


3.3 Challenges and Applications for Review shall be forwarded to the
addresses indicated in the BDS;

4. Fraud and 4.1 It is the policy of the Government of the Republic of


Corruption Mauritius to require Public Bodies, as well as bidders,
suppliers, and contractors and their agents (whether declared
or not), personnel, subcontractors, sub-consultants, service
providers and suppliers, observe the highest standard of
ethics during the procurement and execution of contracts. 1
In pursuance of this policy, the Government of the Republic
of Mauritius:
(a)defines, for the purposes of this provision, the terms set
forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of
another party2;
(ii) “fraudulent practice” is 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; 3
(iii) “collusive practice” is an arrangement between
two or more parties4 designed to achieve an
improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or
indirectly, any party5 or the property of the party to
influence improperly the actions of a party;

1
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-
consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement
process or contract execution for undue advantage is improper.
2
“Another party” refers to a public official acting in relation to the procurement process or contract execution.
In this context, “public official” includes Employer’s staff and employees of other organizations taking or
reviewing procurement decisions.
3
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
4
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
5
“Party” refers to a participant in the procurement process or contract execution.
8 Section I. Instructions to Bidders

(v) “obstructive practice” is


(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede
the Employer’s 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 Employer’s inspection and
audit rights provided for under sub-clause 4.2
below.
(b) will reject a proposal for award if it determines that the
Bidder recommended for award has, directly or through
an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for the
contract in question;and
(c)will sanction a firm or an individual, at any time, in
accordance with prevailing legislations, including by
publicly declaring such firm or individual ineligible, for
a stated period of time: (i) to be awarded a public
contract; and (ii) to be a nominatedb sub-contractor,
consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded a public
contract.

4.2 In further pursuance of this policy, Bidders shall permit the


Employer to inspect any accounts and records and other
documents relating to the Bid submission and contract
performance, and to have them audited by auditors appointed
by the Employer.
4.3 Bidders, suppliers and Public officials shall also be aware of
the provisions stated in sections 51 and 52 of the Public
Procurement Act which can be consulted on the website of the
b
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names
are used depending on the particular bidding document) is one which either has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-
how that are accounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii)
appointed by the Employer.
Section I. Instructions to Bidders 9

Procurement Policy Office (PPO): ppo.govmu.org


4.4 The Employer commits itself to take all measures necessary
to prevent fraud and corruption and ensures that none of its
staff, personally or through his/her close relatives or through
a third party, will in connection with the bid for, or the
execution of a contract, demand, take a promise for or
accept, for him/herself or third person, any material or
immaterial benefit which he/she is not legally entitled to. If
the Employer obtains information on the conduct of any of
its employees which is a criminal offence under the relevant
Anti-Corruption Laws of Mauritius or if there be a
substantive suspicion in this regard, he will inform the
relevant authority(ies) and in addition can initiate
disciplinary actions.Furthermore, such bid shall be rejected.
5. Eligible Bidders 5.1 a) In accordance with CIDB Act 2008, Contractors
and Sub-contractors, whether local or foreign under an
existing or intended joint venture operating in the
construction industry have the statutory obligation to be
registered with the Construction Industry Development
Board (CIDB), as appropriate, prior to bidding for the
project.

(b) Bidders are strongly advised to consult the website of


the CIDB cidb.govmu.org for further details concerning
registration of contractors. .
5.2 A Bidder may be a natural person, private entity,
government-owned entity—subject to ITB 5.6—or any
combination of such entities in the form of a joint venture or
association (JVA) under an existing agreement or with the
intent to enter into such an agreement supported by a letter
of intent. In the case of a joint venture or association:
(a)unless otherwise specified in the BDS, all partners shall
be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms, and
(b)the JVA shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of
any and all the partners of the JVA during the bidding
process and, in the event the JVA is awarded the
Contract, during contract execution.
10 Section I. Instructions to Bidders

5.3 A Bidder, and all partners constituting the Bidder, may have
the nationality of any country except in the case of open
national bidding where the bidding documents may limit
participation to citizens of Mauritius or entities incorporated
in Mauritius, if so qualified in the BDS. A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered 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 subcontractors or suppliers for
any part of the Contract including related Services.
5.4 A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest with
one or more parties in this bidding process, if :
(a) they have at least one controlling partner 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. Participation by a Bidder in more than one Bid
will result in the disqualification of all Bids in which
such Bidder is involved. However, this does not limit
the inclusion of the same subcontractor in more than one
bid; or
(f) a Bidder participated as a consultant in the preparation of
the design or technical specifications of the works that
are the subject of the bid;
(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 implementation.
5.5 (a) A firm that has been sanctioned by the Government of
the Republic of Mauritus in accordance with the above ITB
4.1 (c) shall be ineligible to be awarded a public contract, or
Section I. Instructions to Bidders 11

benefit from a public contract during such period of time as


determined by the Procurement Policy Office.
(b)A firm that is under a declaration of ineligibility by the
Government of Mauritius in accordance with applicable
laws at the date of the deadline for bid submission and
thereafter shall be disqualified.

(c)Bids from contractors appearing on the ineligibility lists


of African Development Bank, Asian Development Bank,
European Bank for Reconstruction and Development, Inter-
American Development Bank Group and World Bank
Group shall be rejected.

Links for checking the ineligibility lists are available on


the PPO’s website: ppo.govmu.org

5.6 Government-owned entities in the Republic of Mauritius


shall be eligible only if they can establish that they are
legally and financially autonomous and operate under
commercial law. Also, they shall not be dependent agencies
of the Employer.
5.7 Bidders shall provide such evidence of their continued
eligibility satisfactory to the Employer, as the Employer
shall reasonably request.
5.8 Bidders shall be excluded if:
(a) as a matter of law or official regulation, the Republic of
Mauritius prohibits commercial relations with that
country; or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Republic of Mauritius
prohibits any import of goods or contracting of Works or
services from that country or any payments to persons
or entities in that country.
5.9 This bidding is open only to prequalified Bidders, if it
follows an open advertised prequalification.
6. Eligible 6.1 The materials, equipment and services to be supplied under
Materials, the Contract may have their origin in any country. At the
Equipment, and Employer’s request, Bidders may be required to provide
Services evidence of the origin of materials, equipment and services.
12 Section I. Instructions to Bidders

B. Contents of Bidding Documents


7. Sections of 7.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Bidding Documents include all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB
9.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Response Templates
PART 2 Works Requirements
 Section V. Works Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VI. General Conditions (GC)
 Section VII. Particular Conditions (PC)
 Section VIII. Annex to the Particular Conditions -
Contract Forms

7.2 The Invitation for Bids and the guidelines for Bidders issued
by the Employer are not part of the Bidding Document.

7.3 The Employer is not responsible for the completeness of the


Bidding Documents and their addendum, if they were not
obtained from the e-Procurement system or as otherwise
defined in the e-Procurement System

7.4 The Bidder is expected to examine all instructions, forms,


terms, guidelines and specifications in the Bidding
Documents. Failure to furnish all information or
documentation required by the Bidding Documents may
result in the rejection of the bid.

8. Clarification of 8.1 A prospective Bidder requiring any clarification on the


Bidding Bidding Documents shall contact the Employer using the
Documents, Site online clarifications feature available in the e-Procurement
Visit, Pre-Bid System or raise his enquiries during the pre-bid meeting if
Meeting provided for in accordance with ITB 8.4. The Employer will
endeavor to respond online to any request for clarification
no later than 7 days prior to the deadline for submission of
proposals (bid preparation and hash submission), provided
Section I. Instructions to Bidders 13

that such request is received no later than fourteen (14) days


prior to the deadline.The e-Procurement System shall alert
all those who have responded to the Bidding Documents
online of any clarification issued by the Employer. The
clarification shall include a description of the inquiry but
without identifying its source.. Should the clarification
result in changes to the essential elements of the Bidding
Documents, the Employer shall amend the Bidding
Documents following the procedure under ITB 9 and ITB
23.2.
8.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
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.
8.3 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.
8.4 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.
8.5 The Bidder is requested, as far as possible, to submit any
questions through the clarification feature, to reach the
Employer not later than one week before the meeting.
8.6 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any responses prepared after
the meeting, will be transmitted promptly online to all
Bidders who have acquired the Bidding Documents in
accordance with ITB 7.3. Any modification to the Bidding
Documents that may become necessary as a result of the pre-
bid meeting shall be made by the Employer exclusively
through the issue of an Addendum online pursuant to ITB 9
and not through the minutes of the pre-bid meeting.
8.7 Nonattendance at the pre-bid meeting will not be a cause for
14 Section I. Instructions to Bidders

disqualification of a Bidder.
9. Amendment of 9.1 At any time prior to the deadline for submission of bids(bid
Bidding Documents preparation and hash submission deadline), the Employer
may amend the Bidding Documents by issuing addenda.
9.2 Any addendum issued shall be part of the Bidding
Documents and shall be communicated online to all who
have obtained the Bidding Document from the Employer in
accordance with ITB 7.3.
9.3 To give prospective Bidders reasonable time in which to
take an addendum into account in preparing their bids, the
Employer should extend the deadline for the submission of
bids (bid preparation and hash submission), pursuant to ITB
23.2.

C. Preparation of Bids
10. Cost of Bidding 10.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer
shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the bidding process.
11. Language of 11.1 The Bid, as well as all correspondence and documents
Bid relating to the bid exchanged by the Bidder and the
Employer, shall be written in English. 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 English, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
11.2 Notwithstanding the above, documents in French submitted
with the bid may be accepted without translation.
12. Documents 12.1 The Bid shall be submitted online through the e-
Comprising the Bid Prpcurement system and shall comprise the following:
(a) Bid Submission Form and Appendix to Bid
(b) Online completed schedules as required, including
priced Bill of Quantities, in accordance with ITB 13
and 15 or as stipulated in the BDS;
(c) A scanned copy of the original Bid online or Bid
Section I. Instructions to Bidders 15

Securing Declaration incorporated in the Bid


Submission template, in accordance with ITB 20;

(d) Online alternative bids at Bidder’s option and if


permissible, in accordance with ITB 14;
(e) uploaded scanned copy of the original written
confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 21.2;
(f) uploaded documentary evidence in accordance with
ITB 18 establishing the Bidder’s continued qualified
status or, if post-qualification applies, as indicated in
accordance with ITB 5.8, the Bidder’s qualifications to
perform the contract if its Bid is accepted;
(g) Technical Proposal in accordance with ITB 17 through
online response templates; and
(h) any other uploaded document required in the BDS.
12.2 In addition to the requirements under ITB 12.1, bids
submitted by a JVA shall include an uploaded copy of the
Joint Venture Agreement entered into by all partners.
Alternatively, a Letter of Intent to execute a Joint Venture
Agreement in the event of a successful bid shall be signed
by all partners and submitted online with the bid, together
with a copy of the proposed agreement.
13. Bid Submission 13.1 The Bid Submission Form and Schedules, including the Bill
Form and of Quantities, shall be prepared using the relevant response
Schedules templates provided in the system. The templates will not
allow any alterations or substitution to the text.. All blank
spaces shall be filled in with the information requested,
where applicable.

14. Alternative Bids 14.1 Unless otherwise indicated in the BDS, alternative bids
shall not be considered.

14.2 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.

14.3 Except as provided under ITB 14.4 below, Bidders wishing


to offer technical alternatives to the requirements of the
Bidding Documents must first price the Employer’s design
as described in the Bidding Documents 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
16 Section I. Instructions to Bidders

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.

14.4 When specified in the BDS, Bidders are permitted to


submit alternative technical solutions for specified parts of
the Works, and such parts will be identified in the BDS, as
will the method for their evaluating, and described in
Section V, Work’s Requirements.

15. Bid Prices and 15.1 The prices and discounts quoted by the Bidder in the Bid
Discounts Submission Form and in the Bill of Quantities shall conform
to the requirements specified below.

15.2 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 Public body when executed and shall be
deemed covered by the rates for other items and prices in the
Bill of Quantities.

15.3 The price to be quoted in the Bid Submission Form, in


accordance with ITB 13.1, shall be the total price of the Bid,
excluding any discounts offered.

15.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Bid Submission
Template, in accordance with ITB 13.1.

15.5 Unless otherwise provided in the BDS and the Contract,


the rates and prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of
Contract. In such a case, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the
Schedule of Adjustment Data and the Employer may require
the Bidder to justify its proposed indices and weightings.

15.6 If so indicated in ITB 1.1, bids are being invited for


individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer any price reduction for
the award of more than one Contract shall specify in their
bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package.
Price reductions or discounts shall be submitted in
accordance with ITB 15.4, provided the bids for all lots
Section I. Instructions to Bidders 17

(contracts) are submitted and opened at the same time.

15.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28
days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price
submitted by the Bidder.

15.8 The bidder shall submit his bid price exclusive of VAT.

16. Currencies of 16.1 The currency(ies) of the bid and the currency(ies) of
Bid and Payment payments shall be as specified in the BDS.
16.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the the Schedule of
Adjustment Data in the Appendix to Bid are reasonable, in
which case a detailed breakdown of the foreign currency
requirements shall be provided by Bidders.
17. Documents 17.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule
Technical Proposal and any other information as stipulated in Section IV, in
sufficient detail to demonstrate the adequacy of the Bidders’
proposal to meet the work requirements and the completion
time and as otherwise stated in the BDS.
18. Documents 18.1 In accordance with Section III, Evaluation and Qualification
Establishing the Criteria, to establish that the Bidder continues to meet the
Qualifications of criteria used at the time of prequalification, the Bidder shall
the Bidder provide in the corresponding information sheets included in
Section IV, Response Templatews, updated information on
any assessed aspect that changed from that time, or if post-
qualification applies as indicated in accordance with ITB
5.8, the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV,
Response Templates.
18.2 If a margin of preference applies as indicated in accordance
with ITB 34.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference
shall supply all information required to satisfy the criteria
for eligibility indicated in accordance with ITB 34.1.
18 Section I. Instructions to Bidders

19. Period of 19.1 Bids shall remain valid for the period specified in the BDS
Validity of Bids after the bid submission (bid preparation and hash
submission) deadline date prescribed by the Employer in
accordance with ITB 23.1. A bid valid for a shorter period
shall be rejected by the Employer as non responsive.
19.2 In exceptional circumstances, prior to the expiration of the
bid validity period, the Employer may request Bidders to
extend the period of validity of their bids. The request and
the responses shall be made online. If a bid security is
requested in accordance with ITB 20, it shall also be
extended for thirty (30) days beyond the deadline of the
extended validity period. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the
request shall not be required or permitted to modify its bid,
except as provided in ITB 19.3.
19.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial bid validity, the
Contract price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the bid price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, to determine
the Contract price, the fixed portion of the bid price
shall be adjusted by the factor specified in the BDS.
(c) In any case, bid evaluation shall be based on the bid
price without taking into consideration the applicable
correction from those indicated above.
20. Bid Security 20.1 The Bidder shall furnish as part of its bid, either a Bid-
Securing Declaration or a scanned copy of the original bid
security as specified in the BDS and, in the case of a bid
security, in the amount and currency specified in the BDS.
20.2 In case a Bid Securing Declaration is used it shall be in the
form of a subscription in the Bid Submission Form as an
undertaking on the part of the Bidder to fulfill its obligation
in the same manner as applicable to the Bid Security.
20.3 If a bid security is specified as per ITB 20.1 it shall be in the
form of an unconditional bank/insurance guarantee issued by
a reputable overseas bank from an eligible country or any
commercial bank/insurance company operating in Mauritius.
The bid security shall be submitted using the Bid Security
Form included in Section IV, Response Templates. The bid
Section I. Instructions to Bidders 19

security shall be valid for thirty (30) days beyond the


original validity period of the bid, or beyond any period of
extension if requested under ITB 19.2.
20.4 If a bid security is specified pursuant to ITB 20.1, any bid
not accompanied by an enforceable and compliant bid
security or a subscription in the Bid Securing declaration, as
applicable, shall be rejected by the Employer as non
responsive.
20.5 If a bid security is specified pursuant to ITB 20.1, the bid
security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder’s furnishing
of the performance security pursuant to ITB 42.
20.6 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed
the Contract and furnished the required performance
security.
20.6 The bid security may be forfeited or the Bid Securing
declaration executed:
(a)if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
Form or
(b)refuses to accept a correction of an error appearing on the
face of the Bid, or
(c)if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a performance security in accordance
with ITB 42.
20.7 The bid security or the Bid-Securing Declaration of a JVA
shall be in the name of the JVA that submits the bid. If the
JVA has not been legally constituted into a legally
enforceable JVA at the time of bidding, the bid security or
the Bid-Securing Declaration shall be in the names of all
future partners as named in the letter of intent referred to in
ITB 5.2.
20.8 If a bid security is not required in the BDS pursuant to ITB
20.1, and
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
20 Section I. Instructions to Bidders

Form Form, except as provided in ITB 18.2, or


(b) if the successful Bidder fails to sign the Contract in
accordance with ITB 40; or furnish a performance
security in accordance with ITB 41;
the bidder may be disqualified to be awarded a contract for a
period of time to be determined by the Procurement Policy
Office following a proposal for disqualification by the
Employer.
21. Format and 21.1 The Bidder shall prepare the bid online comprising the bid
Signing of Bid as described in ITB 12. Alternative bids, if permitted in
accordance with ITB 14, shall be shall be submitted online
using the alternative BOQ templates and the Summary
template for the Alternative bid.
21.2 The online bid shall be digitally signed by a person duly
authorized to sign on behalf of the Bidder.
21.3 A bid submitted by a JVA shall comply with the following
requirements:
(a) Unless not required in accordance with ITB 5.2 (a), be
signed so as to be legally binding on all partners and
(b) Include the Representatives’s authorization referred to
in ITB 5.2 (b), consisting of a power of attorney
signed by those legally authorized to sign on behalf of
the JVA.

D. Submission and Opening of Bids


22. Sealing and 22.1 (a) Bidders shall submit their bids online. No bids
Marking of Bids submitted manually shall be accepted, except for and if so
specified in the BDS, the Bid Security in original form,
and/or any other items such as bulky documents and
drawings which are not available in soft copies or may not
be scanned for submission online.
(b) where Bid Security and/or bulky documents referred to
in the preceding paragraph have to be submitted manually
they shall be forwarded to the Office of the Public Body
before the designated time and date scheduled for Bid
Submission (bid preparation and hash submission), as
specified in the BDS.
Section I. Instructions to Bidders 21

(c) Bidders shall follow the Guidelines provided for online


submission.
22.2 Any envelope or parcel containing the Bid
Security/documents, shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
23.1;
(c) bear the specific identification of this bidding process
indicated in the BDS 1.1; and
(d) bear a warning not to open before the time and date for
bid opening.
22.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the
misplacement or premature opening of the bid.
23. Deadline for 23.1 Bid preparation and hash submission (submission of bids)
Submission of Bids must be executed online before the start date and time
specified for bid closing in the BDS. Bid Security in its
original format and other items, if allowed by the Employer,
must be submitted to the Employer at latest by the same time
and date, and at the place specified in the BDS.
23.2 The Employer may, at its discretion, extend the deadline for
the bid preparation and hash submission (submission of
bids) and submission of envelopes/bid security where
applicable by amending the Bidding Document in
accordance with ITB 9, 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.
24. Late Bids 24.1 The Employer shall not consider any bid
security/envelope/parcel, if applicable, that arrives after the
deadline for bid preparation and hash (submission of bids),
in accordance with ITB 23. Any such item received by the
Employer after the deadline shall be declared late, rejected,
and returned unopened to the Bidder.
25. Withdrawal, 25.1 A Bidder may withdraw, substitute, or modify its bid any time
Substitution, and prior to the deadline set for bid preparation and hash
Modification of submission (submission of bids) in accordance to ITB 23.
Bids
22 Section I. Instructions to Bidders

25.2 Since the e-Procurement System allows


modifications/substitutions of Bid Data and attachments by
the Bidders up to the last date and time of bid Preparation
and hash submission, Bidders are allowed to rework on their
bids as many times as required. However, after the deadline
set for the bid preparation and hash submission, the Time-
lock feature of the e-Procurement system will not allow
Bidders to modify/substitute their bid data and attachments
in any way..
25.3 No bid may be withdrawn, substituted, or modified
in the interval between the deadline set for Bid
Preparation and Hash Submission of bids and the
expiration of the period of bid validity specified by the
Bidder on the Bid Submission Form or any extension
thereof.
25.4 For further guidance on withdrawal, substitution and
modification, Bidders are requested to refer to the
Guidelines for Suppliers.
26. (i) Decryption 26.1 Bidders shall decrypt and re-encrypt their bids
and Reencryption within the time schedule provided in the BDS to enable
opening of their bids. The time lock feature in the system
will not allow bidders to decrypt and encrypt their bids
outside the specified time frame.
26.2 Where the bidder does not execute the decryption
and re-encryption of its bid within the time frame
provided in ITB 26.1, the bid shall not be accessible for
opening. In such cases the bid shall be deemed to have
been withdrawn by the bidder.
(ii) Bid Opening
26.3 The Employer shall conduct the bid opening on line
at the date, time and place specified in the BDS, in the
presence of bidders or their representatives who choose to
attend. The online opening shall allow bidders to view the
status of bids received online, name of bidders, prices as
appearing in the Bid Submission Forms and Comparison
Statements.
26.4 Where manual submission of documents and/or bid
security have been allowed, the Employer shall open the
envelopes concurrently. Envelopes containing Bid
Security/documents shall be opened one at a time, reading
out: the name of the Bidder and presence of Bid Security,
if applicable.
Section I. Instructions to Bidders 23

26.5 The Employer will shortly after completing the online


opening provide a record of the Bid opening online that
shall include, as a minimum: the name of the Bidder, the
Bid Price per lot if applicable, including any discounts,
presence of Bid Security, if applicable and alternative
offers if they were permitted. Bidders will be able to view
these records online.

E. Evaluation and Comparison of Bids


27. Confidentiality 27.1 Information relating to the evaluation of bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with
such process until information on Contract award is
communicated to all Bidders.
27.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may
result in the rejection of its bid.
28. Clarification of 28.1 To assist in the examination, evaluation, and comparison of
Bids the bids, and qualification of the Bidders, the Employer may,
at its discretion, ask any Bidder for a clarification of its bid.
Any clarification submitted by a Bidder that is not in
response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the
response shall be in writing. No change in the prices or
substance of the bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the bids, in
accordance with ITB 32.
28.2 If a Bidder does not provide clarifications of its bid by the
date and time set in the Employer’s request for clarification,
its bid may be rejected.
29. Deviations, 29.1 During the evaluation of bids, the following definitions
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
24 Section I. Instructions to Bidders

Document.
30. Determination 30.1 The Employer’s determination of a bid’s responsiveness is
of Responsiveness to be based on the contents of the bid itself, as defined in
ITB12.
30.2 A substantially responsive bid is one that meets the
requirements of the Bidding Document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive bids.
30.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 17, Technical Proposal, in
particular, to confirm that all requirements of Section V,
Works Requirements have been met without any material
deviation, reservation or omission.
30.4 If a bid is not substantially responsive to the requirements of
the Bidding Document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the bid that do not
constitute a material deviation, reservation or omission.
31.2 Provided that a bid is substantially responsive, the Employer
may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the bid
related to documentation requirements. Requesting
information or documentation on such nonconformities shall
not be related to any aspect of the price of the bid. Failure
of the Bidder to comply with the request may result in the
rejection of its bid.
Section I. Instructions to Bidders 25

31.3 Provided that a bid is substantially responsive, the Employer


shall rectify quantifiable nonmaterial nonconformities
related to the Bid Price. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the price
of a missing or non-conforming item or component. The
adjustment shall be made using the method indicated in
Section III, Evaluation and Qualification Criteria.
32. Correction of 32.1 Provided that the bid is substantially responsive, the
Arithmetical Employer shall correct arithmetical errors on the following
Errors basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.
33. Conversion to 33.1 For evaluation and comparison purposes, the currency(ies)
Single Currency of the bid shall be converted into a single currency as
specified in the BDS. For the purpose of evaluating and
comparing bids, when bid prices are expressed in many
currencies, the bid prices of all bids shall be converted to a
single currency, as specified in the BDS, and according to
the exchange rates prevalent on the day of opening of the
bids as obtained from the Central Bank of Mauritius or from
internationally reputed news media.

34. Margin of 34.1 Unless otherwise specified in the BDS, Margin of


Preference Preference shall not apply.
35. Evaluation of 35.1 The Employer shall use the criteria and methodologies listed
Bids in this Clause. No other evaluation criteria or methodologies
shall be permitted.

35.2 To evaluate a bid, the Employer shall consider the


26 Section I. Instructions to Bidders

following:

(a) the bid price, excluding Provisional Sums and the


provision, if any, for contingencies in the Summary Bill
of Quantities, but including Daywork items, where
priced competitively;

(b) price adjustment for correction of arithmetic errors in


accordance with ITB 32.1;

(c) price adjustment due to discounts offered in accordance


with ITB 15.3;

(d) converting the amount resulting from applying (a) to (c)


above, if relevant, to a single currency in accordance
with ITB 33;

(e) price adjustment due to quantifiable nonmaterial


nonconformities in accordance with ITB 31.3;

(f) the evaluation factors indicated in Section III,


Evaluation and Qualification Criteria;

35.3 The estimated effect of the price adjustment provisions of


the Conditions of Contract, applied over the period of
execution of the Contract, shall not be taken into account in
bid evaluation.
35.4 If these Bidding Documents allows Bidders to quote
separate prices for different lots (contracts), and the award to
a single Bidder of multiple lots (contracts), the methodology
to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Bid
Submission Form Form, is specified in Section III,
Evaluation and Qualification Criteria.
35.5 If the bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments,
the Employer may require that the amount of the
performance security be increased at the expense of the
Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder
Section I. Instructions to Bidders 27

under the Contract.


36. Comparison of 36.1 The Employer shall compare all substantially responsive
Bids bids in accordance with ITB 35.2 to determine the lowest
evaluated bid.
37. Qualification of 37.1 The Employer shall determine to its satisfaction whether the
the Bidder Bidder that is selected as having submitted the lowest
evaluated and substantially responsive bid either continues
to meet (if prequalification applies) or meets (if
postqualification applies) the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria.
37.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 18.1.

37.3 An affirmative determination shall be a prerequisite for


award of the Contract to the Bidder. A negative
determination shall result in disqualification of the bid, in
which event the Employer shall proceed to the next lowest
evaluated bid to make a similar determination of that
Bidder’s qualifications to perform satisfactorily.

38. Employer’s 38.1 The Employer reserves the right to accept or reject any bid,
Right to Accept and to annul the bidding process and reject all bids at any
Any Bid, and to time prior to contract award, without thereby incurring any
Reject Any or All liability to Bidders. In case of annulment, all bids submitted
Bids and specifically, bid securities, shall be promptly returned to
the Bidders.

F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder whose offer has been determined to be the
lowest evaluated bid and is substantially responsive to the
Bidding Document, provided further that the Bidder is
determined to be qualified to perform the Contract
satisfactorily.

40. Notification of 40.1 Prior to the expiration of the period of bid validity, the Employer
Award shall, for contract amount above the prescribed threshold, notify
the selected bidder of the proposed award and accordingly notify
unsuccessful bidders. Subject to Challenge and Appeal the
Employer shall notify the selected Bidder, in writing, by a Letter
of Acceptance for award of contract. The Letter of Acceptance
shall specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
28 Section I. Instructions to Bidders

(hereinafter and in the Conditions of Contract and Contract Forms


called “the Contract Price”) and the requirement for the
Contractor to remedy any defects therein as prescribed by the
Contract. Within seven days from the issue of Letter of
Acceptance, the Employer shall publish on the Public
Procurement Portal (publicprocurement.govmu.org) and the
Employer’s website, the results of the Bidding Process identifying
the bid and lot numbers and the following information:

(i) name of the successful Bidder, and the Price it offered, as


well as the duration and summary scope of the contract
awarded; and

(ii) an executive summary of the Bid Evaluation Report.


40.2 Until a formal contract is prepared and executed, the
notification of award shall constitute a binding Contract.

41. Signing of 41.1 Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.
42. Performance 42.1 Within twenty-eight (28) days of the receipt of notification
Security of award from the Employer, the successful Bidder shall
furnish the Performance Security in accordance with the
General Conditions of Contract, subject to ITB 35.5, using
for that purpose the Performance Security as per the format
contained in Section VIII, Annex to the Particular
Conditions - Contract Forms. The Performance Security
shall be in the form of a Bank/Insurance Guarantee issued
through a commercial bank/insurance company operating in
Mauritius.
42.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the bid security. In that event the Employer
may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by
the Employer to be qualified to perform the Contract
satisfactorily.

Preference 42.3 The successful bidder having benefitted from a Margin of


Preference shall provide a Preference Security, as specified
Security in the BDS. The amount for the Preference Security shall be
the difference between the price quoted by the selected
Section I. Instructions to Bidders 29

bidder and that of the lowest evaluated bid which would


have been selected for award of contract, if the said Margin
of Preference was not applicable.

43. Debriefing 43.1 The Employer shall promptly attend to all requests for
debriefing for the contract, made in writing, and within 30
days from the date of the publication of the award or date
the unsuccessful bidders are informed about the award,
whichever is the case, by following regulation 9 of the
Public Procurement Regulations 2008 as amended.
Section II. Bid Data Sheet 31

Section II. Bid Data Sheet


(Public bodiess are advised to be guided by the section dealing with Bid Data Sheet in the User’s Guide when
filling the respective sub-sections hereunder)
A. Introduction
ITB 1.1 The number of the Invitation for Bids is :
ITB 1.1 The Employer is:
ITB 1.1 The name of the OAB is:
The identification number of the OAB is:
The number and identification of lots (contracts) comprising this OAB is:
ITB 2.1 [Public Body to insert finacing arrangements if from special fund or co-financing etc…]
The Funding Agency is:
ITB 2.1 The name of the Project is:
ITB 3.3 (a) The address to file challenge in respect of this procurement is: [insert contact
address of the Chief Executive Officer of the Public Body also referred to as
Employer]
(b) The address to file application for review is:
The Chairperson
Independent Review Panel,
5th Floor
Belmont House
Intendance Street
Port Louis
Tel : +2302602228 Email : [email protected]
ITB 5.2 (a) The individuals or firms in a JV, [insert “shall” or “shall not”] be jointly
and severally liable.
B. Bidding Documents
ITB 8.1 For clarification purposes only, Bidders are required to submit the queries
/ requests for clarifications online at latest by [public body to insert date
allowing 14 days prior to the deadline for Bid submission (Bid Preparation
and Hash Submission).]
ITB 8.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place at the
following date, time and place:
Date:
Time:
Place:
A site visit conducted by the Employer [insert “shall be” or “shall not
be”] organized
Section II. Bid Data Sheet 32

C. Preparation of Bids
ITB 12.1 (h) The Bidder shall submit with its bid the following additional documents:
[insert type of any additional documents not already listed in ITB 12.1
that must be submitted with the Bid].
ITB 14.1 Alternative bids [insert “shall be” or “shall not be”] permitted.
ITB 14.2 Alternative times for completion [insert “shall be” or “shall not be”]
permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III, Evaluation and Qualification Criteria.
ITB 14.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [insert parts of the Works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III, Evaluation and Qualification Criteria.
ITB 15.4 The prices quoted by the bidder shall be: [insert “shall be” or “shall not
be”]
ITB 16.1 The currency(ies) of the bid and the payment currency(ies) shall be in
accordance with Alternative _________ as described below:
Currency of bid shall be in Mauritian Rupees for payment currencies to be
in any of the following:

Alternative A (Bidders to be paid in Mauritian Rupees without any


adjustment to exchabge rate for foreign currencies for costs incurred
in other currencies).

Alternative B (Bidders to be paid in Mauritian Rupees adjustable to


foreign currencies for cost incurred in other currencies):
(a) The unit rates and the prices shall be quoted by the Bidder in the Bill
of Quantities, entirely in Mauritian Rupees and further referred to as
“the local currency”. A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Mauritius (referred to as “the foreign currency requirements”) shall
indicate in the Appendix to Bid - Table C, the percentage(s) of the
Bid Price (excluding Provisional Sums), needed by him for the
payment of such foreign currency requirements, limited to no more
than three foreign currencies of any country.

(b) The rates of exchange to be used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above
shall be specified by the Bidder in the Appendix to Bid - Table C, and
shall apply for all payments under the Contract so that no exchange
Section II. Bid Data Sheet 33

risk will be borne by the successful Bidder.

Alternative C (Bidders to be paid in Mauritian Rupees and foreign


currencies):
(a) The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply
from within Mauritius, in Mauritian Rupees, and further referred
to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside Mauritius (referred to as “the foreign currency
requirements”), in Mauritian Rupees indictaing base rate in arriving
at Mauritian Rupees equivalent for those items to be paid in up to any
three currencies of any country.

[Alternative A and B relieves the public body from arranging for foreign
currencies which could at time become a cause for delay in payment].
ITB 17.1 (Refer to user’s guide)

ITB 19.1 The bid validity period shall be [insert the number of days deemed
appropriate.] days.
ITB 19.3 (a) The bid price shall be adjusted by the following factor:________
ITB 19.3 (b) The fixed portion of the bid price shall be adjusted by the following factor:
_________
ITB 20.1 (The choice between Bid Security and Bid Securing Declaration shall be in compliance
with the directives issued by the PPO taking into consideration the type of project, the
estimated contract price and the effectiveness of the type of security) .

[Choose one of the following options as appropriate.]


- The Bidder shall furnish a Bid Security in the amount of [insert amount
and currency].
[or]
- The Bidder shall subscribe to a Bid Securing Declaration by signing the
Bid Submission Form containing the provision with regard thereto.

ITB 21.2 [Public Body to insert text (a) in case the works contract is estimated for an amount less
than Rs.100M or text (b) in case the amount is estimated to be above Rs.100M]

(a)No written evidence is required.


34 Section II. Bid Data Sheet

(b (b)This authorization shall consist of written confirmation and shall be


attached to the bid. It may include a delegation of power by resolution of
the Board of a company or from the CEO, himself holding power from
the Board or through a Power of Attorney.
The name and position held by each person signing the authorization
must be typed or printed below the signature.

(c)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, if so required in accordance with ITB 5.1, 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.”]

Note: The Power of Attorney or other written authorization to sign may be for a
determined period or limited to a specific purpose.

D. Submission and Opening of Bids


ITB 22.1 (a) Bidders shall submit their bids electronically.

[Public body shall customize this part as appropriate or delete this part if
not applicable:

In addition to the bids submitted on line, Bidders shall submit the


following items manually to reach the public body by the date, time and at
the address indicated hereunder:

(a)………………………………………..…
(b)………………………………………….
(c)……………………………………………. ]
ITB 23.1 [Public bodies shall customize this clause accordingly]
Bidders shall complete their bid preparation and hash submission on line
before the start Date and Time for Bid closing,
Bid Closing:
Start Date and Time (Mauritian): [insert day, month, year and time i.e. 15
June, 2001 13 00 hr]
End Date and Time (Mauritian): insert day, month, year and time i.e. 15
June, 2001 13 30 hr]
Section II. Bid Data Sheet 35

[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where so allowed by the Employer, Bidders shall forward their Bid
Security and/or other materials
Employer’s address for submission of Bid security/documents etc..
and/or samples only [if allowed as per ITB 24,1 (a), otherwise delete this
part] by same deadline as above:
Attention: [insert full name of person, if applicable, or insert name of the
Officer]
Address: [insert street name and number]
Floor-Room number: [insert floor and room number, if applicable]
____________________________________________________________
ITB 26.1 Bid Opening
Online Bid Opening
Start Date and Time (Mauritian): [insert day, month, year and time i.e. 17
June, 2001 16 00 hr]
End Date and Time (Mauritian): [ insert day, month, year and time i.e. 17
June, 2001 17 00 hr]
[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where Bid Security and/or Documents have been allowed to be submitted
manually, these will be opened concurrently at:
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
Country: [insert name of country]

E. Evaluation, and Comparison of Bids


ITB 33.1 The currency that shall be used for bid evaluation and comparison
purposes to convert all bid prices expressed in various currencies into a
single currency is: Mauritius Rupees
The source of exchange rate shall be: The Central Bank of Mauritius
The date for the exchange rate shall be: the deadline date set for the
submission of bids (Bid Prepration and hash submission).

The currency(ies) of the Bid shall be converted into a single currency in


accordance with the procedure under Alternative _____ that follows:
36 Section II. Bid Data Sheet

Alternative B: Bidders quote entirely in local currency


For comparison of bids, the Bid Price, corrected pursuant to Clause 32,
shall first be broken down into the respective amounts in various currencies
by using the exchange rates specified by the bidder in accordance with Sub-
Clause 16.1.

In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by
the authority specified and on the date stipulated above.

OR
Alternative C: For payment in local and foreign currencies
For comparison of bids, the Bid Price, corrected pursuant to Clause 32,
shall first be broken down into the respective amounts in various currencies
by using the exchange rates specified by the bidder in accordance with Sub-
Clause 16.1.

In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price, corrected pursuant to Clause 32, is
payable (excluding Provisional Sums but including Daywork where priced
competitively) to the single currency identified above at the selling rates
established for similar transactions by the authority specified and on the
date stipulated above.

ITB 34 Margin of Preference has been suspended until further notice

ITB 42.3 Not Applicable


Section II. Bid Data Sheet 37

Section III. Evaluation and Qualification


Criteria
(Following Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section IV,
Bidding Forms.
38 Section III. Evaluation and Qualification Criteria (Following Prequalification)

1. Evaluation

In addition to the criteria listed in ITB 35.2 (a) – (e) the following criteria shall apply:

1.1 Assessment of adequacy of Technical Proposal with Requirements

1.2Multiple Contracts, if permitted under ITB 35.4, will be evaluated as


follows:
…………………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………..

1.3 Alternative Completion Times, if permitted under ITB 14.2, will be


evaluated as follows:
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………..
1.4 Technical alternatives, if permitted under ITB 14.4, will be evaluated as
follows:
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………..

1.5 Margin of Preference

Margin of preference has been suspended until further notice.

2. Qualification

2.1 Update of Information

The Bidder shall continue to meet the criteria used at the time of
prequalification.

2.2 Financial Resources

Using the relevant Forms No … and No… in Section IV, Bidding Forms, the
Bidder must demonstrate access to, or availability of, financial resources such
as liquid assets, unencumbered real assets, lines of credit, and other financial
means, other than any contractual advance payments to meet:

(i) the following cash-flow requirement:


…………………………………………………………………………………
Section III. Evaluation and Qualification Criteria (Following Prequalification) 39

and

(ii) the overall cash flow requirements for this contract and its current Works
commitment.

2.3 Personnel
The Bidder must demonstrate that it has the personnel for the key positions
that meet the following requirements:

In Similar
Total Work
Works
No. Position Experience
Experience
(years)
(years)
1
2
3
4
5

The Bidder must demonstrate/undertake that it will have the additional personnel for
the positions that meet the following requirements:
Total Work In Similar Works
No. Position Experience Experience
(years) (years)
1
2
3
4
5

The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Information Forms included in Section IV, Bidding Forms.

2.4 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:

Minimum Number
No. Equipment Type and Characteristics
required
1
2
40 Section III. Evaluation and Qualification Criteria (Following Prequalification)

3
4
5

The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV, Bidding Forms.
Section II. Bid Data Sheet 41

Section III. Evaluation and Qualification


Criteria
(Without Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section
IV, Bidding Forms.
1-42 Section III – Evaluation and Qualification Criteria

1. Evaluation

In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria shall
apply:

1.1 Assessment of adequacy of Technical Proposal with Requirements

1.2Multiple Contracts, if permitted under ITB 34.4, will be evaluated as


follows:
………………………………………………………………………………………
………………………………………………………………………………
……………………………………………………………………………..

1.3 Alternative Completion Times, if permitted under ITB 13.2, will be


evaluated as follows:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
……..

1.4 Technical alternatives , if permitted under ITB 13.4, will be evaluated as


follows:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
……..

1.5 Margin of Preference

Margin of preference has been suspended until further notice.

1. Qualification

Pursuant to ITB 5.1, Bids will be considered form Contractors who are duly
registered with the CIDB under the grade and specialization that cover adequately
the size and type of works related to the project.

In case the works requires certain specialization not covered adequately under the
registration of CIDB, those field of specialization shall be defined by the public
body in section 2. 4.2 (a) and Specific Experience in key activities in section 2. 4.2
(b) which the contractor has to meet as qualification.
Section III. Evaluation and Qualification Criteria (Without Prequalification) 43

.
Factor 2.1 ELIGIBILITY
Criteria
Bidder
Sub-Factor Documentation
Requirement Single Entity Joint Venture or Association Required
All partners Each At least one
combined partner partner
2.1.1 Nationality Nationality in Must meet Existing or Must meet N/A Form ELI–1
accordance with ITB requirement intended requirement and 2, with
5.3. JVA must attachments
meet
requirement
2.1.2 Conflict of No- conflicts of Must meet Existing or Must meet N/A Bid Submission
Interest interests as described in requirement intended requirement Form
ITB 5.4. JVA must
meet
requirement
2.1.3 Government Compliance with Form ELI–1 and
Must meet Must meet Must meet
Owned Entity conditions of ITB 5.6 N/A 2, with
requirement requirement requirement
attachments
2.1.4 Ineligibility Not having been Bid Submission
based on a United excluded as a result of the Form
Nations resolu- Mauritian laws or
Existing JVA
tion or Mauritian official regulations, or by Must meet Must meet
must meet N/A
law an act of compliance with requirement requirement
requirement
UN Security Council
resolution, in accordance
with ITB 5.8
1-44 Section III – Evaluation and Qualification Criteria

Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Sub-Factor Documentation
Joint Venture or Association Required
Requirement Single All Each At least one
Entity partners partner partner
combined
2.2.1 History of Non-performance of a Form CON - 2
non-perform- contract did not occur within
ing contracts the last __________ (_) Must meet N/A
requirement Must meet
years prior to the deadline
by itself or as requirement N/A
for application submission,
partner to by itself or
based on all information on
past or as partner to
fully settled disputes or
existing JVA past or
litigation. A fully settled
existing JVA
dispute or litigation is one
that has been resolved in
accordance with the Dispute
Resolution Mechanism
under the respective
contract, and where all
appeal instances available to
the bidder have been
exhausted.
Section III. Evaluation and Qualification Criteria (Following Prequalification) 45

Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Sub-Factor Documentation
Joint Venture or Association Required
Requirement Single All Each At least one
Entity partners partner partner
combined
2.2.2 Pending Liti- All pending litigation against Form CON – 2
gation the bidder shall in total not Must meet Must meet
represent more than requirement requirement
______________ percent by itself or as by itself or as
N/A N/A
(_____%) of the Bidder’s partner to partner to
net worth and shall be past or past or
treated as resolved against existing JVA existing JVA
the Bidder.
1-46 Section III – Evaluation and Qualification Criteria

Factor 2.3 FINANCIAL SITUATION


Criteria
Bidder
Documentation
Sub-Factor Joint Venture or Association
Requirement Required
Single All
Entity Each At least one
partners
partner partner
combined
2.3.1 Historical Fi- Submission of audited
nancial Perfor- balance sheets or if not
mance6 required by the law of the
bidder’s country, other
financial statements
acceptable to the Employer,
for the last ____ [ ] years to
demonstrate the current Must meet Must meet Form FIN –1 with
N/A N/A
soundness of the bidders requirement requirement attachments
financial position and its
prospective long term
profitability.
(a) (criterion 1)
(a) (criterion 2)
(c) __________

2.3.2. Clause Deleted

6
(a) Local bidders who are not required to file Audited Accounts should submit copies of Financial Statements filed at the Registrar of Companies prior to
deadline set for the submission of bids.
Section III. Evaluation and Qualification Criteria (Following Prequalification) 47

Factor 2.3 FINANCIAL SITUATION


Criteria
Bidder
Documentation
Sub-Factor Joint Venture or Association
Requirement Required
Single All
Entity Each At least one
partners
partner partner
combined
2.3.3.Financial The Bidder must demonstrate
Resources access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit,
and other financial means, Must meet
other than any contractual _________ Must meet
advance payments to meet: percent _________ Form FIN –3
(i) the following cash-flow Must meet Must meet (_____%) of percent
requirement: requirement requirement the (_____%) of
requirement the
……………………………
…………………………… requirement
…………
and Form FIN-4
(ii) the overall cash flow re-
quirements for this contract
and its current commitments.
1-48 Section III – Evaluation and Qualification Criteria

Factor 2.4 EXPERIENCE


Criteria
Bidder
Sub-Factor Documentation
Requirement Joint Venture or Association Required
Single Entity All partners Each At least one
combined partner partner
2.4.1General Ex- Contractors have to be Valid registration
perience registered with the CIDB under certificate with
the grade and classes indicated the CIDB
hereunder:

Grade:
The contractor should be duly
registered with the CIDB under
the grade that would allow him
to perform the value of works
for which he is submitting his
bid

Classes of works of contractors:


Building construction
works/Civil engineering
construction works/ Electrical
works/Mechanical works/,
Mechanical, electrical and
Section III. Evaluation and Qualification Criteria (Following Prequalification) 49

Factor 2.4 EXPERIENCE


Criteria
Bidder
Sub-Factor Documentation
Requirement Joint Venture or Association Required
Single Entity All partners Each At least one
combined partner partner
plumbing works (MEP)/
Specific Works (works related
to any class of work of
contractors as the CIDB may
determine)
[Public body to select
appropriate class(es) of works]

2.4.2 (a) Specific Participation as contractor, Must meet Must meet N/A Must meet Form EXP 2(a)
Experience management contractor, or requirement requirements requirement for
subcontractor, in at least for all one
_________ (___) contracts characteristics characteristic
within the last ________( )
years , each with a value of at
least ____________ (___), that
have been successfully and
substantially completed and that
are similar to the proposed
Works. The similarity shall be
based on the physical size,
complexity,
1-50 Section III – Evaluation and Qualification Criteria

Factor 2.4 EXPERIENCE


Criteria
Bidder
Sub-Factor Documentation
Requirement Joint Venture or Association Required
Single Entity All partners Each At least one
combined partner partner
methods/technology or other
characteristics as described in
Section V, Employer’s
Requirements.
2.4.2 Specific b) For the above or other
Experience contracts executed during the
period stipulated in 2.4.2(a) Must meet Must meet
above, a minimum experience in requirements Must meet requirements
N/A Form EXP-2(b)
the following key activities: requirements
1. …..
2. ………….
Section III. Evaluation and Qualification Criteria (Without Prequalification) 51

2.5 Personnel

The Bidder must demonstrate that it has the personnel for the key positions that meet
the following requirements:

Total Work In Similar


Similar Works
No. Position
Experience Experience
(years) (years)
1
2
3
4
5

The Bidder must demonstrate/undertake that it will have the additional personnel for
the positions that meet the following requirements:
Total Work In Similar Works
No. Position Experience Experience
(years) (years)
1
2
3
4
5

The Bidder shall provide details of the proposed personnel and their experience
records using Forms PER-1 and PER-2 included in Section IV, Bidding Forms.

2.6 Equipment

The Bidder must demonstrate that it has the key equipment listed hereafter:

Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5
1-52 Section III – Evaluation and Qualification Criteria

The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
53

Section IV. Bidding Forms

Table of Forms
1. Bid Submission Form 57

2. Appendix to Bid 57
Table A. Local Currency 57
Table B. Foreign Currency (FC) 58
Table C. Summary of Payment Currencies 59

3. Templates for Bill of Quantities and Activity Schedules 60


Preparation of BOQs (sample) 68
Bill No. 1: General Items 68
Bill No. 2: Earthworks 69
Bill No. 3: Culverts and Bridges 70
Schedule of Daywork Rates: 1. Labour 71
Schedule of Daywork Rates: 2. Materials 72
Schedule of Daywork Rates: 3. Contractor’s Equipment 73

Technical Proposal 74
Form EQU: Equipment 75

Personnel 75
Form PER-1: Proposed Personnel 75
Form PER-2: Resume of Proposed Personnel 75

Bidders Qualification following Prequalification 76


Form ELI - 1: Bidder Information Sheet 77
Form ELI - 2: JV Information Sheet 77
Form CON – 2: History of Non-Performing Contracts 78
Form FIN-1: Financial Situation 79
Form FIN-3: Financial Resources (provided in the system)80
Form FIN-4: Current Contract Commitments / Works in Progress 81

Bidders Qualification without prequalification 82


Form ELI – 1: Bidder’s Information Sheet 83
Form ELI – 2: JV Information Sheet 83
Form CON – 2: History of Non-Performing Contracts 84
Form FIN – 1: Financial Situation 85
Form FIN – 3: Financial Resources 87
Form FIN – 4: Current Contract Commitments / Works in Progress 88
Form EXP – 2(a): Specific Construction Experience 89
54 Section IV – Bidding Forms

Form EXP – 2(b): Specific Construction Experience in Key Activities 90

Form of Bid Security (uploadable) 91


Section IV- Bidding Forms 55

1. Bid Submission Form


Bidders are required to fill in the Bid Submission Form as a Response Template which
contains a copy of the Bid Securing Declaration as part of the template. This template is
applicable for a procurement where the public body may either require a Bid Security or just
a Bid Securing Declaration.

In case the public body has requested a Bid Security in the Bid Data Sheet, Bidders will be
required to upload the scanned copy of their original Bid Security as a response template and
to forward the original as a document to reach the public body before the deadline for the
submission of bids.

2. Appendix to Bid

Schedule of Adjustment Data

[In Tables A, B, and C, below, the Bidder shall (a) indicate its amount of local currency
payment, (b) indicate its proposed source and base values of indices for the different foreign
currency elements of cost, (c) derive its proposed weightings for local and foreign currency
payment, and (d) list the exchange rates used in the currency conversion. In the case of very
large and/or complex works contracts, it may be necessary to specify several families of price
adjustment formulae corresponding to the different works involved.]

Table A. Local Currency


Index Index Source of Base value Bidder’s Bidder’s
code* description* index* and date* related proposed
currency weighting
amount
Nonadjustable — — — A: *
B:
C:
D:
E:
Total 1.00

[* To be entered by the Employer]


56 Section IV – Bidding Forms

Table B. Foreign Currency (FC)


State type: ....................... [If the Bidder is allowed to quote in local and foreign currencies and the Bidder wishes to quote
in more than one foreign currency, this table should be repeated for each foreign currency.]

Index Index Source of Base Bidder’s Equivalent Bidder’s


code description index value and related in FC1 proposed
date source weighting
currency in
type/amount
Nonadjustable — — — A:

B:

C:

D:

E:
Total 1.00

[* To be entered by the Employer]


Section IV- Bidding Forms 57

Table C. Summary of Payment Currencies


Table: Alternative A
For ………………………..[insert name of Section of the Works]

A B C D
Name of Amount of Rate of Local currency Percentage of
payment currency exchange equivalent Net Bid Price
currency (local currency C=AxB (NBP)
per unit of 100xC
foreign) NBP
Local currency 1.00

Foreign
currency #1

Foreign
currency #2

Foreign
currency #

Net Bid Price 100.00

Provisional
sums expressed [To be [To be entered
in local entered by by the
currency the Employer]
Employer]

BID PRICE
58 Section IV – Bidding Forms

Table: Alternative B

To be used only with Alternative B Prices directly quoted in the currencies of payment.
(Clause ITB 16.1)

Summary of currencies of the bid for ___________ [insert name of Section of the Works]

Name of currency Amounts payable


Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:

3. Templates for Bill of Quantities

1. Online submission of Bill of Quantities Bidders shall fill in the response templates
provided for the Bill of Quantitiesas prepared by the public body in the system.

The samples provided herein may assist public bodies in understanding the format of these
templates and also to create templates in Excel which public bodies may use for importing
data in the response templates when filling in the Bill of Quantities.

Bidders may for their convenience download a set of the BOQs in Excel format which is
available in the system as a separate attachment to the Bidding document. However, they will
have to insert the prices against each item manually in the system.

2. Templates in the e-Procurement System


2.1 Templates for Bill of Quantities
There are basically three types of BOQ Templates provided in the e-Procurement system:
1. Bill of Quantity in Mauritian rupee, where-bidders shall be limited to quote and be paid
in fixed Mauritian Rupees.
2. Bill of Quantity in Mauritian rupee (adjustable with foreign currency), where bidders shall
be limited to quote and be paid in Mauritian rupee with adjustment to changes in rate of
exchange for certain goods items to be incorporated in the works.
3. Bill of Quantity in foreign currency where bidders shall quote in Mauritian rupees and be
paid in their foreign currency for the alternate proposal. The Templates provided in the e-
Procurement system basically allow for the public body to choose if bidders shall be limited
Section IV- Bidding Forms 59

to quote and be paid in fixed Mauritian Rupees or with adjustment to changes in rate of
exchange for certain goods items to be incorporated in the works.
Public bodies may also choose to allow bidders to quote simultaneously for the base offer
and for alternative(s) for anyone or more parts of the works. Likewise, templates for separate
summary of bids are provided where public bodies choose to allow submission of alternative
bids.
2.2 Template models
Public bodies shall choose and customize the templates that would be appropriate for bidders
to respond to the invitation of bids as defined in the Bid Data Sheet and the Technical
Requirements. The list and models of templates are shown hereunder for ease of reference to
public bodies and bidders.
3. Bill of Quantities
3.1- 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
contents of the Bill of Quantities should be as simple and brief as possible.
3.2- Dayworks Schedule
A Dayworks 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 Public
Body of the realism of rates quoted by the bidders, the Dayworks 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 shall 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.
3.3- Provisional Sums
60 Section IV – Bidding Forms

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 priced 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 Particular Conditions
of Contract should state the manner in which they shall be used, and under whose authority
(usually the Employer’s Representative).
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors (refer to GCC Clause 8) 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 Public Body 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.
These Notes for Preparing a Bill of Quantities and sample templates for online bidding
hereunder are intended only as information for the Public Body or the person drafting the
Bidding Documents. They should not be included in the final Documents.
61

1. Bill of Quantity for offer and payment in fixed Mauritian Rupees


Offer
Amount(In
Offer
Item Code / Item Offer Rate(In MUR-
Amount(In
ItemReference
Code / Item MUR-Excluding
Offer Rate(In Excluding
MUR)
Sr. No. Number
Reference Description Unit Quantity VAT)
MUR) VAT)
(Excluding
Sr. No. Number Description Unit Quantity (Excluding VAT) Auto VAT)
Calculate
Public Public Public (Offer Rate x
Auto Calculate
Body
Public Public Body Public Body Body Body Supplier Quantity)
(Offer Rate x
Body 1 Supplier Supplier Supplier Supplier Supplier Quantity)
12
23
34
45
5

2. Bill of Quantity for offer and payment in fixed Mauritian Rupees – Alternative
62 Section IV – Bidding Forms

3. Bill of Quantity in Mauritian Rupees with Payment partly adjustable to rate of exchange of foreign currencies

Offer Offer
Item Code / Rate(In Amount(In
Item MUR) MUR) Adjustable
Reference (Excluding (Excluding / Payment Exchange
Sr. No. Number Description Unit Quantity VAT) VAT) Currency Rate
Auto
Calculate
Public (Offer Rate x
Body Public Body Public Body Public Body Public Body Supplier Quantity) Supplier Supplier
1
2
3
4
5
Section IV- Bidding Forms 63

4. Bill of Quantity in Mauritian Rupees with Payment partly adjustable to rate of exchange of foreign currencies - Alter-
native

Offer Offer
Item Code / Rate(In Amount(In
Item MUR) MUR) Adjustable
Reference (Excluding (Excluding / Payment Exchange
Sr. No. Number Description Unit Quantity VAT) VAT) Currency Rate
Auto
Calculate
Public (Offer Rate x
Body Public Body Public Body Public Body Public Body Supplier Quantity) Supplier Supplier
1
2
3
4
5
64
65

Preparation of BOQs (sample)


Bill No. 1: General Items

Serial Description Unit Quantity Offer rate Offer


No in MUR Amount
(excl. in MUR
VAT) (excl.
VAT)
101 Performance Security sum item —
102 Insurance of the Works sum item —
103 Insurance of Contractor’s Equipment sum item —
104 Third-Party Insurance sum item —
105 Allow for maintenance of Works for 12 months after month 12
completion
106 —etc.—
112 Provide and equip Engineer’s offices nr 2
113 Maintain Engineer’s offices for 24 months, including month 24
services
114 —etc.—
121 Provide diversion road sum item —
122 Provide for traffic control and maintenance of diversion month 24 —
road
123 —etc.—
132 Provide for cleaning up the Site on completion sum item —

—etc.—
66 Section IV – Bidding Forms

Bill No. 2: Earthworks


Serial Description Unit Quantity Offer rate Offer Amount
No in MUR in MUR (excl.
(excl. VAT)
VAT)
201 Excavate topsoil to maximum depth 25 cm and m3 95,000
stockpile for reuse, maximum haul distance 1 km
202 Excavate topsoil to maximum depth 25–50 cm, and m3 15,000
dispose
203 —etc.—
206 Excavate fill material from cuttings or approved m3 258,000
borrow pits, haul up to 1 km, deposit, shape, and
compact to fill
207 Excavate rock in cuttings and dispose, any depth m3 25,000
208 —etc.—
Section IV- Bidding Forms 67

Bill No. 3: Culverts and Bridges


Serial Description Unit Quantity Offer rate Offer
No in MUR Amount in
(excl. MUR (excl.
VAT) VAT)
301 Excavate in all materials other than rock from ground m3 18,500
level to underside of foundations, maximum depth 5 m,
and dispose
302 Excavate in all materials other than rock, depth 5 m to m3 2,500
7.5 m
303 Provisional Item m3 500
As Item 302, depth 7.5 m to 10 m
304 —etc.—
311 Concrete class B in abutments m3 18,500
312 —etc.—
318 Mild steel reinforcement in abutments and piers up to 20 t 370
mm diameter
319 —etc.—
68 Section IV – Bidding Forms

Schedule of Daywork Rates: 1. Labour

Serial Description Unit Quantity Offer Offer


No rate in Amount
MUR in MUR
(excl. (excl.
VAT) VAT)
D100 Ganger hour 500
D101 Labourer hour 5,000
D102 Bricklayer hour 500
D103 Mason hour 500
D104 Carpenter hour 500
D105 Steelwork Erector hour 500
D106 —etc.— hour
D113 Driver for vehicle up to 10 tons hour 1,000
D114 Operator for excavator, dragline, shovel, or crane hour 500
D115 Operator for tractor with dozer blade or ripper hour 500
D116 —etc.— hour

D122 Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance
with paragraph 3 (b) above.
Section IV- Bidding Forms 69

Schedule of Daywork Rates: 2. Materials

Serial Description Unit Quantity Offer Offer


No rate in Amount
MUR in MUR
(excl. (excl.
VAT) VAT)
D201 Cement, ordinary Portland, or equivalent in bags t 200
D202 Mild steel reinforcing bar up to 16 mm diameter to BS 4449 or t 100
equivalent
D203 Fine aggregate for concrete as specified in Clause m3 1,000
D204 —etc.—
D222 Gelignite (Nobel Special Gelatine 60%, or equivalent) including t 10
caps, fuse, wire, and requisite accessories

D122 Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance
with paragraph 3 (b) above.
70 Section IV – Bidding Forms

Schedule of Daywork Rates: 3. Contractor’s Equipment

Serial Description Unit Quantity Offer Offer


No rate in Amount
MUR in MUR
(excl. (excl.
VAT) VAT)
D301 Excavator, face shovel, or dragline:
.1 Up to and including 1 m3 500
.2 Over 1 m3 to 2 m3 400
.3 Over 2 m3 100
D302 Tractor, including bull or angle dozer:
.1 Up to and including 150 kW 500
.2 Over 150 kW to 200 kW 400
.3 Over 200 kW to 250 kW 200
D303 Tractor with ripper:
.1 Up to and including 200 kW 400
.2 Over 200 kW to 250 kW 200
D304 —etc.—
71

Technical Proposal

- Site Organization
- Bidders shall prepare their proposed Site Organization and upload same in the system

- Method Statement
Bidders shall prepare their proposed Method Statement and upload same in the
system

- Mobilization Schedule
Bidders shall prepare their proposed Mobilization Schedule and upload same in the
system

- Construction Schedule
Bidders shall prepare their proposed Construction Schedule and upload same in the
system

- Others
- Bidders shall prepare and upload any other data in addition to the above if so
requested by the Employer
72 Section IV – Bidding Forms

Form EQU: Equipment


Bidders shall provide these data in the response template already provided in the e-
procurement system.

Personnel

Form PER-1: Proposed Personnel


Bidders shall provide these data in the response template already provided in the e-
procurement system.

Form PER-2: Resume of Proposed Personnel


Bidders shall provide these data in the response template already provided in the e-
procurement system.
Section IV- Bidding Forms 73

Bidders Qualification following Prequalification


The Bidder shall update the information given during the corresponding
prequalification exercise to demonstrate that he continues to meet the criteria used at
the time of prequalification regarding
(a) Eligibility
(b) Pending Litigation
(c) Financial Situation
For this purpose, the Bidder shall use the relevant forms included in this Section.
74 Section IV – Bidding Forms

Form ELI - 1: Bidder Information Sheet


Bidders shall provide these data in the response template already provided in the e-
procurement system.

Form ELI - 2: JV Information Sheet


Bidders shall provide these data in the response template already provided in the e-
procurement system.
Section IV- Bidding Forms 75

Form CON – 2: History of Non-Performing Contracts


Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

[The following table shall be filled in for the Bidder and for each partner of a Joint
Venture]

Bidder’s Legal Name: ________________ Date: _______________


Joint Venture Party Legal Name: _______________ ICB No. and title: _______________

Non-Performing Contracts in accordance with Section III, Qualification Criteria and


Requirements
 Contract non-performance did not occur during the ____ years specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.1.
 Contract(s) not performed during the ____ years specified in Section III, Qualification Criteria and
Requirements, requirement 2.1
Year Non Contract Identification Total Contract
performed Amount (current
portion of value, US$
contract equivalent)
Contract Identification:
Name of Employer:
Address of Employer:
Reason(s) for non performance:
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements,
Sub-Factor 2.2.
 Pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2 as indicated below.
Year Outcome as Contract Identification Total Contract
Percentage Amount (current
of Total value, US$
Assets equivalent)
Contract Identification:
Name of Employer:]
Address of Employer:
Matter in dispute:
76 Section IV – Bidding Forms

Form FIN-1: Financial Situation


Bidders have to upload data inrespect of their Finacial situation as per the format
hereunder.

Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________


JV Partner Legal Name: _______________________ Bidder’s Reference No.:
__________________
Page _______ of _______ pages

To be completed by the Bidder and, if JV, by each partner

Form of Key Financial Information extracted from


Audited Accounts/ Financial Statements (to be uploaded
on the e-PS)
Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year
Statement of Financial Position (Information from Balance Sheet)
A. Current Assets
B. Current Liabilities
Working capital ratio or current ratio( A/B)
Quick ratio or Acid Test ratio (Current Asset net of
stock / B)
C. Total Assets
D. Total Liabilities
Net Worth( C-D)
Cash in hand and at Bank
Bank Overdrafts
Other Liquid Assets
Information from Income statement

Key Profitability Indicators in the currency reported in Previous Last year Current
the Audited Accounts/Financial Statements years year
Turnover
Profit /(Loss )Before Tax
Taxation

Net Profit /(Loss) After Tax

(Net profit After tax )x 100


(Turnover)
Section IV- Bidding Forms 77

Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year

Certified by Bidder that information are true extract from Audited Accounts/Financial
Statements

Name:

Signature:

Capacity:

Date:

 Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:

 Must reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies

 Historic financial statements must be audited by a certified accountant

 Historic financial statements must be complete, including all notes to the financial
statements

 Historic financial statements must correspond to accounting periods already


completed and audited (no statements for partial periods shall be requested or
accepted)

Form FIN-3: Financial Resources (provided in the system)

Bidders shall provide these data in the response template already provided in the e-
procurement system.

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)
78 Section IV – Bidding Forms

Form FIN-4: Current Contract Commitments / Works in Progress

Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

Bidders and each partner to a JVA 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.

Name of contract Employer, Value of Estimated Average monthly


contact outstanding work completion date invoicing over
address/tel/fax (current US$ last six months
equivalent) (US$/month)
1.

2.

3.

4.

5.

etc.
Section IV- Bidding Forms 79

Bidders Qualification without prequalification

To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information re-
quested in the corresponding Information Sheets included hereunder.
80 Section IV – Bidding Forms

Form ELI – 1: Bidder’s Information Sheet


Bidders shall provide these data in the response template already provided in the e-
procurement system.

Form ELI – 2: JV Information Sheet


Bidders shall provide these data in the response template already provided in the e-
procurement system.
Section IV- Bidding Forms 81

Form CON – 2: History of Non-Performing Contracts


Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

Non-Performing Contracts in accordance with Section III, Qualification Criteria and


Requirements
 Contract non-performance did not occur during the ____ years specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.1.
 Contract(s) not performed during the ____ years specified in Section III, Qualification Criteria and
Requirements, requirement 2.1
Year Non Contract Identification Total Contract
performed Amount (current
portion of value, US$
contract equivalent)
Contract Identification:
Name of Employer:
Address of Employer:
Reason(s) for non performance:
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements,
Sub-Factor 2.2.
 Pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-
Factor 2.2 as indicated below.
Year Outcome as Contract Identification Total Contract
Percentage Amount (current
of Total value, US$
Assets equivalent)
Contract Identification:
Name of Employer:]
Address of Employer:
Matter in dispute:
82 Section IV – Bidding Forms

Form FIN – 1: Financial Situation


Bidders have to upload data in respect of their Financial situation as per the format
provided hereunder.
Historical Financial Performance FIN 3.1

Bidder’s Legal Name: _______________________ Date: _____________________


JV Partner Legal Name: _______________________ Bidder’s Reference No.:
__________________
Page _______ of _______ pages

To be completed by the Bidder and, if JV, by each partner

Form of Key Financial Information extracted from


Audited Accounts/ Financial Statements (to be uploaded
on the e-PS)
Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year
Statement of Financial Position (Information from Balance Sheet)
A. Current Assets
B. Current Liabilities
Working capital ratio or current ratio( A/B)
Quick ratio or Acid Test ratio (Current Asset net of
stock / B)
C. Total Assets
D. Total Liabilities
Net Worth( C-D)
Cash in hand and at Bank
Bank Overdrafts
Other Liquid Assets
Information from Income statement

Key Profitability Indicators in the currency reported in Previous Last year Current
the Audited Accounts/Financial Statements years year
Turnover
Profit /(Loss )Before Tax
Taxation

Net Profit /(Loss) After Tax

(Net profit After tax )x 100


(Turnover)
Section IV- Bidding Forms 83

Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year

Certified by Bidder that information are true extract from Audited Accounts/Financial
Statements

Name:

Signature:

Capacity:

Date:

 Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:

 Must reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies

 Historic financial statements must be audited by a certified accountant

 Historic financial statements must be complete, including all notes to the financial
statements

 Historic financial statements must correspond to accounting periods already


completed and audited (no statements for partial periods shall be requested or
accepted)
84 Section IV – Bidding Forms

Form FIN – 3: Financial Resources


Bidders shall provide these data in the response template already provided in the e-
procurement system.

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)
Section IV- Bidding Forms 85

Form FIN – 4: Current Contract Commitments / Works in Progress


Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

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.

Current Contract Commitments


Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over Last
No. Name of Contract Contact Address, Tel, Work Completion
Six Months
Fax [Current US$ Date
[US$/month)]
Equivalent]
1

5
86 Section IV – Bidding Forms

Form EXP – 2(a): Specific Construction Experience

Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

Fill up one (1) form per contract.

Contract of Similar Size and Nature

Contract No . . . . . .
Contract Identification
of . . . . . .

Award Date Completion Date

Role in Contract Contractor Management Contractor Subcontractor


Total Contract Amount US$
If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail

Description of the similarity in accordance with Criteria 2.4.2(a) of Section III


Section IV- Bidding Forms 87

Form EXP – 2(b): Specific Construction Experience in Key Activities


Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.

Fill up one (1) form per contract

Contract with Similar Key Activities


Contract No . . . . . .
Contract Identification
of . . . . . .

Award Date Completion Date

Role in Contract  Contractor  Management  Subcontractor


Contractor
Total Contract Amount US$
If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone Number
Fax Number
E-mail

Description of the key activities in accordance with Criteria 2.4.2(b) of Section III
88 Section IV – Bidding Forms

Form of Bid Security (uploadable)


A scanned copy of the Bid Security should be uploaded as a template where so
indicated when required by the Employer
(Bank/Insurance Guarantee)

....................................Bank/Insurance Company’s Name and Address of issuing Branch or


Office.........................
Beneficiary: Name and Address of Public Body………..................................
Date: ..................................................................................................................................
BID GUARANTEE No.: ......................................................................................................
We have been informed that ......................name of the Bidder……...... (hereinafter called "the
Bidder") has submitted to you its bid dated.................... (hereinafter called "the Bid") for the
execution of .............................name of contract ......................... under Invitation for Bids
No..........................IFB number ….................. (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a bid
security.

At the request of the Bidder, we ..................................name of Bank/Insurance


Company ...................... 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 modified or withdrawn its Bid after the deadline for submission of its bid during
the period of bid validity specified by the Bidder in the Form of Bid; or
(b) has refused to accept a correction of an error appearing on the face of the Bid; or
(c) having been notified of the acceptance of its Bid by the Public Body during the
period of bid validity, (i) has failed or refused to sign the contract Form, if required,
or (ii) has failed or refused to furnish the performance security, in accordance with
the Instructions to Bidders.
This guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of the
contract signed by the Bidder and the performance security issued to you upon the instruction of the
Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a copy of
your notification to the Bidder of the name of the successful bidder; or (ii) thirty days after the
expiration of the Bidder’s Bid.

Consequently, any demand for payment under this guarantee must be received by us at the office on
or before ..............Public Body to insert date...............................

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
(Applicable to overseas bidders only).

.......................................Bank/Insurance Company’s seal and authorized


signature(s)..........................................
89

PART 2 –WORKS REQUIREMENTS

Section V. Works Requirements

Contents

Scope of Works 93

Specification 94

Drawings 95

Supplementary Information 96
Section V. Works Requirements 90

Scope of Works
Section V. Works Requirements 91

Specification
92 Section V. Works Requirements

Drawings
Section V. Works Requirements 93

Supplementary Information
95

PART 3 – CONDITIONS OF
CONTRACT AND CONTRACT FORMS
3-96

Section VI. General Conditions (GC)

The General Conditions shall be as per FIDIC Conditions of Contract for Construction for
Buildings and Engineering works designed by the Employer - First Edition 1999. It shall also
include the Appendix in respect of General Conditions of Dispute Adjudication Agreement.

Public Bodies using this document shall be guided by the FIDIC document for the
Preparation of the Particular Conditions. The onus is on the procuring entity to fill in the
Contract Data Form and to prepare its specific provisions that together with the General
Conditions serve its specific requirements.

Definition:

(a) The word “Tender” in the FIDIC document shall mean “Bid” and vice versa for
consistency with the other parts of this bidding document.
(b) “Appendix to Tender” in the FIDIC document shall refer to the Contract Data in Section
VII and vice versa.
Section VII. Particular Conditions (PC)

The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
Part A - Contract Data

Conditions Sub-Clause Data


Employer’s name and address 1.1.2.2 &
1.3
Engineer’s name and address 1.1.2.4 &
1.3
Bank/Insurance’s name 1.1.2.11
Public Body’s name 1.1.2.12
Time for Completion 1.1.3.3 _____________days
If Sections are to be used, refer to Table:
Summary of Sections below
Defects Notification Period 1.1.3.7 365 days.
Sections 1.1.5.6 If Sections are to be used, refer to Table:
Summary of Sections below
Electronic transmission 1.3
systems
Governing Law 1.4
Ruling language 1.4
Language for communications 1.4
Time for the Parties entering 1.6
into a Contract Agreement
Time for access to the Site 2.1 No later than the Commencement Day,
except for the following parts (if
applicable, with detailed description of
parts concerned:_______________days
after Commencement Date
Engineer’s Duties and 3.1(b)(ii) Variations resulting in an increase of the
Authority Accepted Contract Amount in excess of
____% shall require approval of the
Employer.
Performance Security 4.2(i) The performance security will be in the
form of a ____ [insert either one of
“demand guarantee” or “performance
bond”] in the amount(s) of [insert
related figure(s)] percent of the Accepted
Contract Amount, exclusive of VAT and
Section VIII. Annex to the Particular Conditions - Contract Forms 99

Conditions Sub-Clause Data


in the same currency(ies) of the Accepted
Contract Amount.
Normal working hours 6.5
Delay damages for the Works 8.7 & % of the Contract Price per day.
14.15(b) If Sections are to be used, refer to Table:
Summary of Sections below
Maximum amount of delay 8.7 ______% of the final Contract Price.
damages
Provisional Sums 13.5.(b)(ii) [If there are Provisional Sums, insert a
percentage for adjustment of Provisional
Sums]
_______%
Adjustments for Changes in 13.8 Period “n” applicable to the adjustment
Cost multiplier “Pn”: __________ [Insert the
period if different from one (1) month; if
period “n” is one (1) month, insert “not
applicable”]
Contract Price 14.1 Amend Subpara. (b) of Sub-Clause 14.1 by
adding the following:

“except for VAT which shall be paid upon


submission of a VAT invoice.”
Total advance payment 14.2 % Percentage of the Accepted Contract
Amount payable in the currencies and
proportions in which the Accepted
Contract Amount is payable
[Insert number and timing of installments
if applicable]
Repayment amortization rate 14.2(b) _______%
of advance payment
Percentage of Retention 14.3 _______%
Limit of Retention Money 14.3 _______% of the Accepted Contract
Amount
Plant and Materials If Sub-Clause 14.5 applies:
14.5(b)(i) Plant and Materials for payment Free on
Board ______________ [list].
100 Section VIII. Annex to the Particular Conditions - Contract Forms

Conditions Sub-Clause Data


14.5(c)(i) Plant and Materials for payment when
delivered to the Site
___________________ [list].
Minimum Amount of Interim 14.6 Replace 28 days by 21 days
Payment Certificates
Minimum amount of interim payment
shall be _____________ % of the
Accepted Contract Amount.
14.7 (b) Replace 56 days by 42 days
14.7 (c) Replace 56 days by 42 days
Publishing source of 14.8
commercial interest rates for
financial charges in case of
delayed payment
Maximum total liability of the 17.6 [Select one of the two options below as
Contractor to the Employer appropriate]
The product of_____________[insert a
multiplier less or greater than one] times
the Accepted Contract Amount,
or
_____________[insert amount of the
maximum total liability]
Periods for submission of 18.1 [Insert period for submission of evidence
insurance: of insurance and policy. Period may be
from 14 days to 28 days.]

a. evidence of insurance. _____days


b. relevant policies _____days
Maximum amount of 18.2(d) [Insert maximum amount of deductibles]
deductibles for
insurance of the Employer's
risks
Minimum amount of third 18.3 [Insert amount of third party insurance]
party
insurance
Date by which the DB shall be 20.2 28 days after the Commencement date
appointed
Section VIII. Annex to the Particular Conditions - Contract Forms 101

Conditions Sub-Clause Data


The DB shall be comprised of 20.2 Either: One sole Member
or: Three Members
List of potential DB sole 20.2 [Only when the DB is to be comprised of
members one sole member, list names of potential
sole members; if no potential sole
members are to be included, insert:
“none”]
Appointment (if not agreed) 20.3 [Insert name of the appointing entity or
to be made by official]
Rules of arbitration 20.6(a) [Insert rules of arbitration if different
from those of the International Chamber
of Commerce]

Table: Summary of Sections


Section Name/Description Time for Completion Damages for Delay
(Sub-Clause 1.1.5.6) (Sub-Clause 1.1.3.3) (Sub-Clause 8.7)

Part B - Specific Provisions

Sub-Clause 15.2 Replace the first line by the following:


Termination by The Employer or the Contractor may terminate the Contract if the
Employer other party causes a fundamental breach of the Contract.
Fundamental breaches of Contract shall include, but shall not be
limited to, the following:

Sub-Clause 15.5 Replace this sub-clause by the following:


Employers The employer may terminate the contract for its convenience at any
time upon a determination that because of changed circumstances the
Entitlement to
continuation of the contract is not in the public interest by giving
Termination notice of such termination to the contract. The termination shall take
effect 28 days after the later of the dateson which the contractor
receives this notice or the employer return the performance security.
The employer shall not terminate the contract under this sub-clause
in order to execute the Works himself or to arrange for the Works to
be executed by another contractor.
102 Section VIII. Annex to the Particular Conditions - Contract Forms

After this termination, the contractor shall proceed in accordance


with sub-clause 16.3(Cessation of Works and Removal of Contractor
Equipment) and shall be paid in accordance with sub-clause 19.6
(Optional Termination, Payment and Release) except that the
contractor will not be entitled to recover anticipated profits on the
completion of the contract.

Sub-Clause 14.1 (Alternative paragraph)


The Contract Price (e) Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose
of executing the Contract shall be temporarily exempt
from the payment of import duties and taxes upon initial
importation, provided the Contractor shall post with the
customs authorities at the port of entry an approved
export bond or bank/insurance guarantee, valid until the
Time for Completion plus six months, in an amount
equal to the full import duties and taxes which would be
payable on the assessed imported value of such
Contractor's Equipment and spare parts, and callable in
the event the Contractor's Equipment is not exported
from the Country on completion of the Contract. A copy
of the bond or bank/insurance guarantee endorsed by the
customs authorities shall be provided by the Contractor
to the Employer upon the importation of individual items
of Contractor's Equipment and spare parts. Upon export
of individual items of Contractor's Equipment or spare
parts, or upon the completion of the Contract, the
Contractor shall prepare, for approval by the customs
authorities, an assessment of the residual value of the
Contractor's Equipment and spare part to be exported,
based on the depreciation scale(s and other criteria used
by the customs authorities for such purposes under the
provisions of the applicable Laws. Import duties and
taxes shall be due and payable to the customs authorities
by the Contractor on (a) the difference between the initial
imported value and the residual value of the Contractor's
Equipment and spare parts to exported; and (b) on the
initial imported value that Contractor's Equipment and
spare parts remaining in the Country after completion of
the Contract. Upon payment of such dues within 28 days
of being invoiced, the bond or bank/insurance guarantee
shall be reduced or released accordingly; otherwise the
security shall be called in the full amount remaining.
Where the Contractor has benefitted from the application of the
Section VIII. Annex to the Particular Conditions - Contract Forms 103

Sub-clause 4.2(ii) Margin of Preference for employment of local manpower, it


shall:

(a) in the execution of the contract, fulfill its obligation of


maintaining local manpower for 80 % or more of the
man-days deployed in the execution of the Works with
which it satisfied the criteria of eligibility for being
awarded the contract in application of the Margin of
Preference; and

(b) concurrently with the above performance security, pro-


vide a preference security to guarantee it will fulfill its
obligation in that respect.

(c) For contracts above Rs 100M, the selected bidder hav-


ing benefitted from the application of the Margin of
Preference for employment of local manpower shall
submit a preference security in the form of a bank/insur-
ance guarantee from a local bank/insurance company.

(d) For contracts up to 100M, the public body shall either


retain money from progressive payments to constitute
the preference security or request a security in the form
of a bank/insurance guarantee at the selected bidder’s
option.

(e) The preference security shall serve as a guarantee for


the contractor to fulfill its obligation to employ local
manpower for 80 % or more of the total man-days de-
ployed for the execution of the works.

(f) The amount for the preference security shall be the dif-
ference between the price quoted by the selected bidder
and that of the lowest evaluated bid which would have
been selected for award of contract if the said Margin of
Preference was not applicable.
Sub-clause 4.2(iii)
(g) The preference security shall be valid until the Contrac-
tor has completed the Works and a Performance Certifi-
cate Certificate has been issued by the Employer’s Rep-
resentative as per sub-clause 11.9.

(h) The cost of providing the security shall be borne by the


Contractor.

Where a preference security is applicable:


104 Section VIII. Annex to the Particular Conditions - Contract Forms

(a) the Employer’s Representative shall monitor the em-


ployment of local manpower throughout the execution
of the contract and shall from time to time request a re-
port from the contractor on the percentage of total men-
days deployed using local manpower.

(b) the Contractor shall submit the local manpower employ-


ment reports as often as it is reasonably requested by the
Employer’s Representative.

(c) the Employer’s and Contractor’s representatives shall


consult each other to ensure that the Contractor’s obliga-
tion towards local manpower employment is met during
the works execution.

(d) At the time of works completion, the Contractor shall


submit a certified audit report to the Employer to sub-
stantiate the actual percentage of local manpower em-
ployed throughout the execution of the works.

(e) The preference security shall be forfeited by the


Employer in case of failure on the part of the Contractor
to employ at least 80 % of the local manpower in the
execution of the works.

Section VIII. Annex to the Particular


Conditions - Contract Forms

Table of Forms

Notification of Award 107

Contract Agreement 108


Section VIII. Annex to the Particular Conditions - Contract Forms 105

Performance Security 110

Preference Security ………………………………………………………………………118

Advance Payment Security 112

Retention Money Security 114


106 Section VIII. Annex to the Particular Conditions - Contract Forms

Notification of Award

LETTER OF ACCEPTANCE
[letterhead paper of the Employer]

[date]

To: [name and address of the Contractor]

This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
of the equivalent of [amount in numbers and words] [name of currency]exclusive of VAT, as
corrected and modified in accordance with the Instructions to Bidders, is hereby accepted by
our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section VIII, Annex to the Particular Conditions - Contract Forms, of the Bidding
Document

Authorized Signature:
Name and Title of Signatory:
Name of Agency:

Attachment: Contract Agreement


Section VIII. Annex to the Particular Conditions - Contract Forms 107

Contract Agreement

THIS AGREEMENT made the ________ day of ________________________, _____,


between ______________________________________of __________________________
(hereinafter “the Employer”), of the one part, and ______________________ of
_____________________ (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as
_______________________________ 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 therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part
of this Agreement. This Agreement shall prevail over all other Contract documents.
(i) the Letter of Acceptance
(ii)the Bid Submission Form
(iii) the addenda Nos ________(if any)
(iv) the Particular Conditions
(v)the General Conditions;
(vi) the Specification
(vii) the Drawings; and
(viii) the completed Schedules,
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.
108 Section VIII. Annex to the Particular Conditions - Contract Forms

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
indicated above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
Section VIII. Annex to the Particular Conditions - Contract Forms 109

Performance Security
(Demand Guarantee)

...............................Bank/Insurance Company’s Name and Address of Issuing Branch or


Office........................................................

Beneficiary: .............................................Name and Address of Public Body................................................................

Date...

PERFORMANCE GUARANTEE No.:..........................................................................................

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, 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, a performance


security is required.
At the request of the Contractor, we ................................. name of Bank/Insurance
Company ..................hereby irrevocably undertake to pay you any sum or sums not exceeding in
total an amount of .......... amount in figures (amount in words)........................................... such sum being
payable in the types and proportions of currencies in which the Contract Price is payable,
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 not later than twenty-eight days from the date of issuance of the
Certificate of Completion/Acceptance Certificate, calculated based on a copy of such
Certificate which shall be provided to us, or on the................................day
of .................................., .................., whichever occurs first. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758. (Applicable to overseas contractor only).

………....................................................Seal of bank/Insurance Company and

Signature(s).............................................................
110 Section VIII. Annex to the Particular Conditions - Contract Forms

Sample Form of Preference Security

Form of Preference Security


(Bank/Insurance Guarantee)

To: ______________________________________________________ [name of


Employer]
______________________________________________________ [address of
Employer]

WHEREAS __________________________________________ [name and


addresses of the contractor] (hereinafter called “the Contractor"), has undertaken in
pursuance to Contract No. ________ dated ______________________ to execute
_____________________________________ [name of Contract and brief Description of
Works], (hereinafter called “the Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank/Insurance Guarantee by a local commercial
bank/insurance company for the sum specified therein as security for compliance with his
obligation stated in Sub-Clause 49.2 of the Conditions of Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank/Insurance


Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you, on behalf of the Contractor, up to a total of _______________________ [amount of
Guarantee]7, we undertake to pay you, upon your first written demand and without your
having to substantiate such demand any sum within the limit of
_________________________ [amount of Guarantee].1

We hereby waive the necessity of demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of


the Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Contractor shall in anyway release us from liability
under this guarantee, and we hereby waive notice of any such change, addition or
modification.

This guarantee is valid until the date of the Completion Certificate.

Signature and Seal of the Guarantor _______________________________________


Name of Bank/Insurance Company _______________________________________
Address _______________________________________
7
Amount to be inserted by the Guarantor in accordance with Sub-Clause 49.2 of the General Conditions of Contract
Section VIII. Annex to the Particular Conditions - Contract Forms 111

Date _______________________________________

Advance Payment Security

Demand Guarantee

________________________________ [Bank/Insurance Company’s Name, and Address of Issuing


Branch or Office]

Beneficiary: ___________________ [Name and Address of Employer]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that ________________ [name of Contractor] (hereinafter called “the
Contractor”) has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, 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 ___________ [amount in figures] ( ) [amount in words] is to be
made against an advance payment guarantee.

At the request of the Contractor, we _______________ [name of Bank/Insurance Company]


hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of ___________ [amount in figures] ( ) [amount in words]1 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.

It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
___________ at _________________ [name and address of Bank/Insurance Company].

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)

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
112 Section VIII. Annex to the Particular Conditions - Contract Forms

percent of the Contract Price has been certified for payment, or on the ___ day of _____,
2___,2 whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date..

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.

____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

2
Insert the expected expiration date of the Time for Completion. 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][one year], 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 VIII. Annex to the Particular Conditions - Contract Forms 113

Retention Money Security

Demand Guarantee

________________________________ [Bank/Insurance Company’s Name, and Address of Issuing


Branch or Office]

Beneficiary: ___________________ [Name and Address of Employer]

Date: ________________

RETENTION MONEY GUARANTEE No.: _________________

We have been informed that ________________ [name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, 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, when the
Taking-Over Certificate has been issued for the Works and the first half of the Retention
Money has been certified for payment, payment of [insert the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-
Over Certificate is issued is less than half of the Retention Money, the difference between
half of the Retention Money and the amount guaranteed under the Performance Security ] is
to be made against a Retention Money guarantee.

At the request of the Contractor, we _______________ [name of Bank/Insurance Company]


hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of ___________ [amount in figures] ( ) [amount in words]1 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.

It is a condition for any claim and payment under this guarantee to be made that the payment
of the second half of the Retention Money referred to above must have been received by the

1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
or or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the
second half of the Retention Money as specified in the Contract, or in a freely convertible currency
acceptable to the Employer.
114 Section VIII. Annex to the Particular Conditions - Contract Forms

Contractor on its account number ___________ at _________________ [name and address of


Bank/Insurance Company].

This guarantee shall expire, at the latest, 21 days after the date when the Employer has
received a copy of the Performance Certificate issued by the Engineer. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before
that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.

____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section VIII- Contract Forms User’s Guide 115

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