Qualification Criteria
Qualification Criteria
Bidding Document
For
Design Build
Of
Passenger Terminals & Support Facility Buildings
Dembidolo Airports
September, 2019
Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe, Gode,
Nekemt & Dembidolo Airports
1. Cover
2. Preface
3. Invitation to Bid
4. Section 1 - Instruction to Bidders
5. Section 2 – Bid Data Sheet
6. Section 3 – Evaluation and Qualification Criteria
7. Section 4 – Bidding Forms
8. Section 5 – Eligible Countries
9. Section 6 (a) – Schedule of Requirements
10. Section 6 (b) – General Items
11. Section 7 - FIDIC – Conditions of Contact for EPC/Turnkey Projects
First Edition 1999
12. Section 8 - Particular Conditions of Contract
13. Section 9 - Contact Forms
Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe, Gode,
Nekemt & Dembidolo Airports
Bidding Document
Table of Contents
Cover
Part 1 - Bidding Procedures
Invitation to Bid
Section 1 – Instructions to Bidders
Section 2 – Bid Data Sheet
Section 3 – Evaluation and Qualification Criteria
Section 4 – Bidding Forms
Section 5 – Eligible Countries
Part 3 - Contract
Section 7 – FIDIC – Conditions of Contact for EPC/Turnkey Projects First Edition
1999
Section 8 – Particular Conditions of Contract
Section 9 – Contract Forms
Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe, Gode,
Nekemt & Dembidolo Airports
Part 3 - Contract
Invitation to Bid
2. Ethiopian Airlines Group (ET GROUP) now invites eligible bidders of internatio na l
contractor (GC or BC) of Category one with relevant experience and valid licences or its
equivalent (see Section I 3.3) for the year 2017-2018, or more recent if available, to submit
sealed tenders for Design Build of Seven Passenger Terminals and Support Facility
Buildings at Jinka, Kombolcha, Shire, Robe Gode,Nekemt and Dembidolo Airports
in Ethiopia.
3. The Design and construction of the works shall be completed within 540 calendar days
from the commencement of the work.
4. All bids must be accompanied by a bid security of USD 400,000.00- /Four Hundre d
Thousand US Dollars / or equivalent amount in an acceptable form expressed in a freely
convertible currency, in the form of CPO or unconditional Bank Guarantee valid for 120
calendar days in the form provided in the Bid Document payable to the Employer at the
first demand without any contestation whatsoever, and must be submitted at the address
of: -
ET GROUP -Procurement and supply chain management
5. The Bid comprising of technical and financial document (for the construction of Passenger
Terminals and Support Facility Buildings) must be delivered in separate sealed envelopes
in two copies as Original & Copy of the document to the address given above on or before
October 18, 2019, at 2:30PM. All copies of the Bids shall be submitted in separate
envelopes i.e. the (Technical Proposal, Financial Offer, and Bid Security) and one outer
envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES” both for “The
Technical Proposal” and “Financial Offer”. The bid bond shall be part of the technical
offer but in a separately sealed envelope.
6. Bids will be opened on October 18, 2019 at 03:00 PM at Procurement & Supply Chain
Management Department.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
7. Bids shall be valid for a period of one hundred twenty (120) calendar days after tender
opening.
8. The Ethiopian Airlines Group reserves to alter, amend or cancel this request if deemed to
be of the interest, to annul the bidding process, and to reject all Bids at any time prior to
contract award, without thereby incurring any liability to the affected Bidder or Bidders.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
A. General
1. Scope of Bid
1.1 The Employer indicated in the Special Conditions of Contract (SCC), invites bids for the
construction of Works, as described in Section 6, Schedule of Requirements. The subject
and procurement reference number are provided in the SCC.
1.2 The successful Bidder will be expected to complete the Works by the Intended
Completion Date specified in the SCC.
1.3 Throughout these Bidding Documents:
(a) The term “Employer” means “Procuring Entity” as defined in the Public Procurement
Proclamation; and
(b) The term “Contractor” means “Supplier” as defined in the Public Procurement
Proclamation.
2. Source of Funds
2.1 The Employer indicated in the SCC has an approved budget towards the cost of the
procurement described in Section 6, Schedule of Requirements and intends to use these
funds to cover eligible payments under the Contract for the Works. Payments will be
made directly by the Employer and will be subject in all respects to the terms and
conditions of the resulting contract placed by the Employer.
3. Eligible Bidders
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
(ii) Its tax clearance certificate and VAT registration, if required by Ethiop ia n
law; and
(iii) Any relevant professional practice certificates.
3.3 A bidder shall be required to obtain a certificate of registration from the mandated public
body referred to in ITB Sub-Clause 3.2, demonstrating registered contractor status, as a
condition of contract award.
3.4 Bidding is open to all bidders from eligible countries as defined in Section 5, Eligib le
Countries. Any materials, equipment and services to be used in the performance of the
Contract shall have their origin in an eligible country, as defined in Section 5, Eligib le
Countries.
3.5 All bidders shall provide in Section 4, Bidding Forms, a statement that the Bidder
(including all members of a joint venture and subcontractors) is not associated, nor has
been associated in the past, directly or indirectly, with the consultant or any other entity
that has prepared the design, specifications, and other documents for the Project or being
proposed as Engineer for the Contract. A firm that has been engaged by the Employer
to provide consulting services for the preparation or supervision of the Works, and any
of its affiliates, shall not be eligible to bid.
3.6 Government-owned enterprises in the Federal Democratic Republic of Ethiopia and in
countries other than Ethiopia may only participate if they are legally and financia lly
autonomous, operate under commercial law, and are not a dependent agency to the
Employer.
3.7 A Bidder that has been debarred from participating in public procurement in accordance
with ITB Sub-Clause 36.1(c), at the date of the deadline for bid submission or thereafter,
shall be disqualified.
4.1 All bidders shall provide in the Qualification Information Form in Section 4, Bidding
Forms, a preliminary description of the proposed work method and schedule, includ ing
drawings and charts, as necessary.
4.2 In the event that prequalification of potential bidders has been undertaken, only bids from
prequalified bidders will be considered for award of Contract. These qualified bidders
should submit with their bids any information updating their original prequalificatio n
applications or, alternatively, confirm in their bids that the originally-submitted
prequalification information remains essentially correct as of the date of bid submiss io n.
The update or confirmation should be provided in the Qualification Information Form
in Section 4, Bidding Forms.
4.3 If the Employer has not undertaken prequalification of potential bidders, all bidders shall
include the following information and documents with their bids, using the Qualificatio n
Information Form in Section 4, Bidding Forms, unless otherwise stated in Section 3,
Evaluation and Qualification Criteria:
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
(a) Copies of original documents defining the constitution or legal status, place of
registration, and principal place of business or a copy of the Bidder’s registratio n
certificate where such documents have been provided to obtain registered contractor
status; written power of attorney of the signatory of the Bid to commit the Bidder;
(b) Total monetary value of construction work performed for each of the last five years;
(c) Experience in works of a similar nature and size for each of the last five years, and
details of work under way or contractually committed; and clients who may be
contacted for further information on those contracts;
(d) Major items of construction equipment proposed to carry out the Contract;
(e) Qualifications and experience of key site management and technical personnel
proposed for the Contract;
(f) Reports on the financial standing of the Bidder, such as profit and loss statements and
auditor’s reports for the past five years;
(g) Evidence of adequacy of working capital for this Contract (access to line(s) of credit
and availability of other financial resources);
(h) Authority to seek references from the Bidder’s bankers;
(i) Information regarding any litigation, current or during the last five years, in which
the Bidder is involved, the parties concerned, and disputed amount; and
(j) Proposals for subcontracting components of the Works amounting to more than 10
percent of the Contract Price.
4.4 Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements, unless otherwise stated in Section 3, Evaluation and
Qualification Criteria:
(a) The Bid shall include all the information listed in Sub-Clause 4.3 above for each joint
venture partner;
(b) The Bid shall be signed so as to be legally binding on all partners;
(c) All partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms;
(d) One of the partners will be nominated as being in charge, authorized to incur
liabilities, and receive instructions for and on behalf of any and all partners of the
joint venture; and
(e) The execution of the entire Contract, including payment, shall be done exclusive ly
with the partner in charge.
4.5 To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria
specified in Section 3, Evaluation and Qualification Criteria.
4.6 In case of non-substantially responsive Bid as defined in Clause 26, the Bid will be
declared non-compliant and rejected.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
5.1 Each Bidder shall submit only one Bid, either individually or as a partner in a joint
venture. A Bidder who submits or participates in more than one Bid (other than as a
subcontractor or in cases of alternatives that have been permitted or requested) will cause
all the proposals with the Bidder’s participation to be disqualified.
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid,
and the Employer will in no case be responsible or liable for those costs.
7. Site Visit
7.1 The Bidder, at the Bidder’s own responsibility and risk, shall visit and examine the Site
of Works and its surroundings and obtain all information that may be necessary for
preparing the Bid and entering into a contract for construction of the Works. The costs of
visiting the Site shall be at the Bidder’s own expense.
7.2 Details of any Pre-Bid Meeting or Site Visit to be held by the Employer are given in the
BDS.
B. Bidding Documents
8.1 The set of bidding documents comprises the documents listed in the table below and
addenda issued in accordance with Clause 10:
PART 1 Bidding Procedures
Section 1 Instructions to Bidders (ITB)
Section 2 Bid Data Sheet (BDS)
Section 3 Evaluation and Qualification Criteria
Section 4 Bidding Forms
Section 5 Eligible Countries
PART 2 Schedule of Requirements
Section 6(A) – Scope of Works
Section 6(B) – General items
PART 3 Contract
FIDIC- Condition of Contract for EPC/Turnkey Projects First Edition 1999
Particular Conditions of Contract
Contract Forms
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing to all purchasers of the bidding documents. Prospective bidders
shall acknowledge receipt of each addendum in writing to the Employer.
10.3 To give prospective bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for
submission of bids, in accordance with Sub-Clause 20.2 below.
C. Preparation of Bids
11. Language of Bid
11.1 All documents relating to the Bid shall be in the language specified in the BDS. Any
printed literature furnished by the Bidder may be written in another language, as long as
such literature is accompanied by a translation of its pertinent passages in the language
specified in the BDS; in which case, for purposes of interpretation of the Bid, the
translation shall govern.
12. Documents Comprising the Bid
12.1 The Bid submitted by the Bidder shall comprise the following, in the format indicated in
Section 4, Bidding Forms, where appropriate:
(a) Bid Submission Form;
(b) Bid Security;
(c) Priced Bill of Quantities or Activity Schedule;
(d) Qualification Information Form and Documents and the documents evidencing
eligibility in accordance with ITB Sub-Clause 3.2;
(e) Alternative offers where invited; and
(f) Any other document or information required to be completed and submitted by bidders,
as specified in the BDS.
The Bid comprising of technical and financial document (for the construction of Passenger
Terminals and Support Facility Buildings) must be delivered in separate sealed envelopes in
two copies as original & copy of the document. All copies of the Bids shall be submitted in
separate envelopes i.e. the (Technical Proposal, Financial Offer, and Bid Security) and one
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES” both for the
“The Technical Proposal” and “Financial Offer”. The bid bond shall be part of the
technical offer but in a separately sealed envelope.
13.3 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of
Quantities (or in the case of a lump sum contract, for all items of the Works described in
the drawings and specifications and listed in the Activity Schedule). Items for which no
rate or price is entered by the Bidder will not be paid for by the Employer when executed
and shall be deemed covered by the other rates and prices in the Bill of Quantities or
Activity Schedule. If so specified in the BDS, the Bidder shall provide a breakdown of
rates and prices, showing equipment, materials and labour, for all items whose cost is
greater than the percentage of the Bid Price specified in the BDS.
13.4 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, prices and total Bid price (or in the case of a lump sum contract, in
the total bid price) submitted by the Bidder.
13.5 The rates and prices (or in the case of a lump sum contract, the lump sum price) quoted
by the Bidder shall not be subject to adjustment during the performance of the Contract
13.6 The Bidder shall identify in the Bid Price, as a separate amount, the VAT payable under
the Contract. Other taxes, duties and fees shall be deemed included in the Contract prices.
Taxes, duties and fees exemptions, to which payments under the Contract are entitled, are
specified in clause 14.1 (b) of the Particular Conditions of Contract.
14. Currencies of Bid and Payment
14.1 The unit rates and prices (or in the case of a lump sum contract, the lump sum price) shall
be quoted by the Bidder entirely in Ethiopian Birr. Foreign currency requirements shall
be indicated as a percentage of the Bid price (excluding provisional sums) and shall be
payable at the option of the Bidder in up to three foreign currencies.
14.2 The rates of exchange to be used by the Bidder in arriving at the Ethiopian Birr equivale nt
and the percentage(s) mentioned in ITB Sub-Clause 14.1 above shall be the selling rates
for similar transactions established by the authority specified in the BDS prevailing on the
date 15 days prior to the deadline for submission of bids. These exchange rates shall apply
for all payments. If the Bidder uses other rates of exchange, the provisions of ITB Sub-
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
Clause 28.1 shall apply. In any case, payments will be computed using the rates quoted in
the Bid.
14.3 Bidders shall indicate details of their expected foreign currency requirements in the Bid.
14.4 Bidders may be required by the Employer to clarify their foreign currency requireme nts
and to substantiate that the amounts included in the rates and prices (or in the case of a
lump sum contract, in the lump sum price) and in the Special Conditions of Contract are
reasonable and responsive to ITB Sub-Clause 14.1.
15. Bid Validity
15.1 Bids shall remain valid for the period specified in the BDS.
15.2 In exceptional circumstances, the Employer may request that the bidders extend the period
of validity for a specified additional period. The request and the bidders’ responses shall
be made in writing. A Bidder may refuse the request without forfeiting the Bid Security.
A Bidder agreeing to the request will not be required or permitted to otherwise modify the
Bid, but will be required to extend the validity of Bid Security for the period of the
extension, and in compliance with Clause 16 in all respects.
15.3 In the case of contracts in which the Contract Price is fixed (not subject to price
adjustment), if the period of bid validity is extended beyond 60 days, the amounts payable
in local and foreign currency to the Bidder selected for award, shall be increased by
applying to both the local and the foreign currency component of the payments,
respectively, the factors specified in the BDS or in the request for extension, for the period
of delay beyond 60 days after the expiry of the initial bid validity, up to the notifica tio n
of award. Bid evaluation will be based on the Bid prices without taking the above
correction into consideration.
16. Bid Security
16.1 The Bidder shall furnish, as part of the Bid, a Bid Security in the form of a bank guarantee
in Ethiopian Birr or in a freely convertible currency, in the amount specified in the BDS.
16.2 The Bid Security shall, at the Bidder’s option, be in the form of cash, a certified cheque
or payable order, bank draft, letter of credit, or an unconditional bank guarantee. Securities
issued by foreign banks or financial institutions shall be counter-guaranteed by an
Ethiopian bank. The format of the Bid Security should be in accordance with the form of
Bid Security included in Section 4, Bidding Forms or another form acceptable to the
Employer. Bid Security shall be valid for 28 days beyond the validity of the Bid.
16.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer.
The Bid Security of a joint venture must define as “bidder” all joint venture partners and
list them in the following manner: a joint venture consisting of “______,” “______,” and
“______”.
16.4 The Bid Security of unsuccessful bidders will be returned within one week after
concluding the contract and after a contract security has been furnished by the successful
Bidder.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
16.5 The Bid Security of the successful Bidder will be discharged when the Bidder has signed
the contract and furnished the required Contract Security.
(a) If the Bidder withdraws the Bid after Bid opening during the period of Bid validity;
(b) If the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or
(c) In the case of a successful Bidder, if the Bidder fails within the specified time limit to:
(i) Sign the contract; or
(ii) Furnish the required Contract Security.
17. Alternative Proposals by Bidders
17.1 Bidders shall submit offers that comply with the requirements of the bidding documents,
including the basic technical design as indicated in the drawings and specificatio ns.
Alternatives will not be considered, unless specifically allowed in the BDS.
18. Format and Signing of Bid
18.1 The Bidder shall prepare one original of the documents comprising the Bid as described
in Clause 12 of these Instructions to Bidders, bound with the volume containing the Bid
Submission Form, and clearly marked "ORIGINAL." In addition, the Bidder shall submit
copies of the Bid, in the number specified in the BDS, and clearly marked as "COPIES."
In the event of discrepancy between them, the original shall prevail.
18.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall
be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant
to Sub-Clauses 4.3(a) or 4.4(b), as the case may be. All pages of the Bid where entries or
amendments have been made shall be initialled by the person or persons signing the Bid.
18.3 The Bid shall contain no alterations or additions, except those to comply with instructio ns
issued by the Employer, or as necessary to correct errors made by the Bidder, in which
case such corrections shall be initialled by the person or persons signing the Bid.
18.4 The Bidder shall furnish information as described in the Bid Submission Form on
commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to
contract execution if the Bidder is awarded the contract.
D. Submission of Bids
19. Sealing and Marking of Bids
19.1 The Bidder shall seal the original and all copies of the Bid in two inner envelopes and one
outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
(c) Provide a warning not to open before the specified time and date for Bid opening as
defined in the BDS.
19.3 In addition to the identification required in Sub-Clause 19.2, the inner envelopes shall
indicate the name and address of the Bidder to enable the Bid to be returned unopened in
case it is declared late, pursuant to Clause 21.
19.4 If the outer envelope is not sealed and marked as above, the Employer will assume no
responsibility for the misplacement or premature opening of the Bid.
20. Deadline for Submission of Bids
20.1 Bids shall be delivered to the Employer at the address specified in ITB Sub-Clause 19.2(a)
above no later than the time and date specified in the BDS.
20.2 The Employer may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10, in which case all rights and obligations of the Employer
and the bidders previously subject to the original deadline will then be subject to the new
deadline.
21. Late Bids
21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be
returned unopened to the Bidder.
22. Withdrawal, Substitution and Modification of Bids
22.1 Bidders may withdraw, substitute or modify their bids by giving notice in writing before
the deadline prescribed in Clause 20.
22.2 Each Bidder’s withdrawal, substitution or modification notice shall be prepared, sealed,
marked, and delivered in accordance with Clauses 18 and 19, with the outer and inner
envelopes additionally marked “WITHDRAWAL”, “SUBSTITUTION” or
“MODIFICATION” as appropriate. The corresponding substitution or modification of the
bid must accompany the written notice.
22.3 No Bid may be modified after the deadline for submission of Bids.
22.4 Withdrawal of a Bid between the deadline for submission of bids and the expiration of the
period of Bid validity specified in the BDS or as extended pursuant to Sub-Clause 15.2
may result in the forfeiture of the Bid Security pursuant to Clause 16.
22.5 Bidders may only offer discounts to, or otherwise modify the prices of their bids by
submitting Bid substitutions or modifications in accordance with this clause, or included
in the original Bid submission.
E. Bid Opening and Evaluation
23.1 The Employer will open the bids, including substitutions and modifications made pursuant
to Clause 22, in the presence of the bidders' representatives who choose to attend at the
time and in the place specified in the BDS.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
23.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which
an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be
opened. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and
exchanged with the corresponding bid being substituted, and the substituted bid shall not
be opened, but returned to the Bidder. No bid substitution shall be permitted unless the
corresponding substitution notice contains a valid authorization to request the substitutio n
and is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened
and read out with the corresponding bid. No bid modification shall be permitted unless
the corresponding modification notice contains a valid authorization to request the
modification and is read out at bid opening.
23.3 The bidders' names, the Bid prices, the total amount of each Bid and of any alternative
Bid (if alternatives have been requested or permitted), any discounts, bid modificatio ns
and withdrawals, the presence or absence of Bid Security, will all be announced by the
Employer at the bid opening. Further, any such other details as the Employer may consider
appropriate, will also be announced.
23.4 Bids, substitutions or modifications that are not opened and read out at bid opening shall
not be considered further for evaluation, irrespective of the circumstances. In particular,
any discount offered by a Bidder which is not read out at bid opening shall not be
considered further.
23.5 The Employer will prepare minutes of the Bid opening, including the informa tio n
disclosed to those present in accordance with Sub-Clause 23.3.
23.6 No bid will be rejected at bid opening except for late bids, which will be returned
unopened to the bidder, pursuant to ITB Clause 21.
24. Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation and comparison of bids
and recommendations for the award of a contract shall not be disclosed to bidders or any
other persons not officially concerned with such process until the award to the successful
Bidder has been announced. Any effort by a Bidder to influence the Employer’s
processing of bids or award decisions may result in the rejection of his Bid.
25. Clarification of Bids and Contacting the Employer
25.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at the
Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid, includ ing
breakdowns of unit rates (or in the case of a lump sum contract, the prices in the Activity
Schedule). The request for clarification and the response shall be in writing, but no change
in the price or substance of the Bid shall be sought, offered, or permitted except as required
to confirm the correction of arithmetic errors discovered by the Employer in the evaluatio n
of the bids in accordance with Clause 27.
25.2 Subject to sub-clause 25.1 no Bidder shall contact the Employer on any matter relating to
its bid from the time of the bid opening to the time the contract is awarded. If the Bidder
wishes to bring additional information to the notice of the Employer, it should do so in
writing.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
Buildings Project
Bidding Document
25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidder's bid.
26. Examination of Bids and Determination of Responsiveness
26.1 Prior to the detailed evaluation of bids, the Employer will determine whether each Bid (a)
meets the eligibility criteria defined in ITB Clause 3; (b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially responsive to the
requirements of the bidding documents.
26.2 A substantially responsive Bid is one, which conforms to all the terms, conditions, and
specifications of the bidding documents, without material deviation or reservation. A
material deviation or reservation is one (a) which affects in any substantial way the scope,
quality, or performance of the Works; (b) which limits in any substantial way, inconsis te nt
with the bidding documents, the Employer’s rights or the Bidder’s obligations under the
Contract; or (c) whose rectification would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.
26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the nonconfor ming
deviation or reservation.
27. Correction of Errors
27.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors.
27.2 In the case of admeasurements contracts, errors will be corrected by the Employer as
follows:
(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 Purchaser 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.
27.3 In the case of admeasurements contracts, the amount stated in the Bid will be adjusted by
the Employer in accordance with the above procedure for the correction of errors and,
with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the
Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid Security
may be forfeited in accordance with Sub-Clause 16.6(b).
27.4 In the case of lump sum contracts, if there is a discrepancy between the words and figures,
the amount in words shall prevail. In case of errors (arithmetic errors or omissions), no
correction will be made to the financial offer that is considered definite.
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28.1 Bids will be evaluated as quoted in Ethiopian Birr in accordance with Sub-Clause 14.1,
unless a Bidder has used different exchange rates than those prescribed in Sub-Clause
14.2, in which case the Bid will be first converted into the amounts payable in differe nt
currencies using the rates quoted in the Bid and then reconverted to Ethiopian Birr using
the exchange rates prescribed in Sub-Clause 14.2.
29. Evaluation and Comparison of Bids
29.1 The Employer will evaluate and compare only the bids determined to be substantia lly
responsive in accordance with Clause 26.
29.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price
by adjusting the Bid price as follows:
(a) Making any correction for errors pursuant to Clause 27;
(b) Excluding provisional sums and the provision, if any, for contingencies in the Bill of
Quantities or Activity Schedule, but including Day work, where priced competitively;
(c) Making an appropriate adjustment for any other acceptable variations, deviations, or
alternative offers submitted in accordance with Clause 17; and
(d) Making appropriate adjustments to reflect discounts or other price modifications offered
in accordance with Sub-Clause 22.5.
29.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative
offer. Variations, deviations, and alternative offers and other factors which are in excess
of the requirements of the bidding documents or otherwise result in unsolicited benefits
for the Employer will not be taken into account in Bid evaluation.
29.4 The estimated effect of any price adjustment conditions under Clause 47 of the Conditions
of Contract, during the period of implementation of the Contract, will not be taken into
account in Bid evaluation.
30. Domestic Preference
F. Award of Contract
31. Award Criteria and Notification of Proposed Award
31.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has
been determined to be substantially responsive to the bidding documents and who has
offered the lowest evaluated Bid price, provided that such Bidder has been determined to
be (a) eligible in accordance with the provisions of Clause 3, and (b) qualified in
accordance with the provisions of Clause 4.
31.2 Prior to expiry of the period of bid validity, the Employer shall notify all Bidders in writing
of the successful bid, but this notification shall not constitute a contract award. This
notification shall be made at least five working days prior to the award of contract in
accordance with ITB Clause 33.
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32. Employer’s Right to Accept and Bid and to Reject any or all Bids
32.1 Notwithstanding Clause 31, the Employer reserves the right to cancel the bidding process
and reject all bids, at any time prior to the award of Contract, without thereby incurring
any liability to the affected Bidder or bidders or any obligation to inform the affected
Bidder or bidders of the grounds for the Employer’s action.
33. Notification of Award and Signing of Agreement
33.1 The Bidder whose Bid has been accepted will be notified of the award in writing by the
Employer prior to expiration of the Bid validity period and following the elapse of the
notification period in accordance with ITB Sub-Clause 31.2. This notification (hereinafter
and in the Conditions of Contract called the "Letter of Acceptance") will state the sum
that the Employer will pay the Contractor in consideration of the execution, completio n,
and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter
and in the Contract called the "Contract Price").
33.2 The notification of award will constitute the formation of the Contract, subject to the
Bidder furnishing the Contract Security in accordance with Clause 34 and signing the
contract in accordance with Sub-Clause 33.3.
33.3 The contract will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and sent to the successful Bidder following the
notification of award. Within 15 days of receipt, the successful Bidder will sign the
contract and deliver it to the Employer.
34. Contract Security
34.1 Within 15 days after receipt of the Letter of Acceptance, the successful Bidder shall
deliver to the Employer a Contract Security in the form of a Bank Guarantee, or in the
case of Ethiopian contractors only, in the form of a Performance Bond, in the amount and
denominated in the type and proportions of currencies specified in the Conditions of
Contract.
34.2 Contract Securities issued by foreign banks or financial institutions shall be counter -
guaranteed by an Ethiopian bank.
34.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 34.1 shall
constitute sufficient grounds for cancellation of the award and forfeiture of the Bid
Security.
35. Adjudicator
35.1 The Employer proposes the person named in the BDS to be appointed as Adjudicator
under the Contract, at an hourly fee specified in the BDS, plus reimbursable expenses. If
the Bidder disagrees with this proposal, the Bidder should so state in the Bid. If, in the
Notice of Acceptance, the Employer has not agreed on the appointment of the Adjudicator,
the Adjudicator shall be appointed by the Appointing Authority designated in the SCC at
the request of either party.
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35.2 The Adjudicator shall act as an impartial expert to resolve disputes between the Parties as
rapidly and economically as is reasonably possible. Unless otherwise specified in the
contract or in any applicable rules for adjudication:
(a) The Adjudicator’s role may include, but not be limited to, requiring and examining any
relevant documents and written statements, making site visits, using his own specialist
knowledge and holding a hearing; and
(b) The Adjudicator’s decision shall reflect the legal entitlements of the Parties and his fair
and reasonable view of how the dispute should be resolved.
36. Corrupt or Fraudulent Practices
36.1 The Government of the Federal Democratic Republic of Ethiopia (hereinafter called “the
Government”) requires that Procuring Entities, as well as Bidders and Contractors under
government- financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, the Government:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) "Corrupt practice" means the offering, giving, receiving or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the procurement process or in contract execution;
(ii) "Fraudulent practice" means a misrepresentation or omission of facts in order
to influence a procurement process or the execution of a contract;
(iii) “Collusive practices” means a scheme or arrangement between two or more
Bidders, with or without the knowledge of the Employer, designed to
establish prices at artificial, noncompetitive levels; and
(iv) “Coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) Will reject a recommendation for award if it determines that the Bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive
or coercive practices in competing for the contract in question;
(c) Will debar a Bidder from participation in public procurement for a specified period of
time if it at any time determines that the firm has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract.
36.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 59.2 of the
General Conditions of Contract.
36.3 Any Bidder may seek administrative review, in accordance with Section 51 of the Public
Procurement Proclamation, of an act or omission by a Employer, which it considers to be
in breach of the Proclamation. Any application for review must be submitted in writing to
the head of the Employer, within five working days from the date the Bidder knew, or
should have known, of the circumstances giving rise to the complaint. If the head of the
Employer does not issue a decision within fifteen days, or the Bidder is not satisfied with
the decision, the Bidder may submit a complaint to the Public Procurement Agency.
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Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
A. General
The project is Design Build of Jinka, Kombolcha, Shire, Robe, Gode ,Nekemt
ITB 1.1
& Dembidolo Airports passengers terminals, & Support Facility buildings
ITB 1.2 The intended completion date for the whole work (Design, Procure, Execution
and Commissioning) shall be 540 Calendar Days
ITB 3.2
The Bidder shall submit with his bid the documentary evidence specified in
ITB Clause 3.2.
The documentary evidence required shall be amended as follows :
International (foreign) bidders shall submit the document which is
authenticated by their respected Embassy.
ITB 3.2(a) The mandated public body for the registration of contractors is: EALG
ITB 7.1 Bidders are required to visit the site to be well acquainted with the site and
existing facilities.
ITB 7.2 The Employer Ethiopian Airlines Group will not hold a pre-bid meeting
The Employer will not hold a site visit, but bidders are required to visit the
site at their expense and get a better understanding of the magnitude and
complexity of the works by contacting the employer
B. Bidding Documents
ITB 9.1 The Employer will respond to any request for clarification received earlier
than 14 days prior to the deadline for submission of bids.
For clarification purposes only, the Employer’s address is:
Attention: Eshetu Ermias
Street Address: African Avenue
Floor/Room number: Procurement & Supply Chain Management
Department
Town/City: Addis Ababa
PO Box No/Postal Code: 1755
Country: Ethiopia
Telephone: 011-517-4552
Electronic mail address: [email protected]
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Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
C. Preparation of Bids
ITB 12.1 (f) The Bidder shall submit with its bid the following additional documents or
information:
a) Preliminary design drawings
b) Preliminary list of fixed & loose furniture & equipment
c) Submit memorandum of understanding with the Design Consultant
d) Preliminary Environmental Impact Assessment report done by third
party
e) Construction Methodology (explicitly indicating the security & safety
provisions and schedule of work describing how they manage to
execute the works safely without affecting the day to day operation.
f) The bid (the letter of tender)
g) Technical specification (acceptable standard like ICAO, US, France,
UK, Germany)
h) Price break down for items & services to be supplied
- Summary of prices (design cost, construction cost, loose &
fixed furniture & equipment’s etc. separately)
- Breakdown of prices by for each airport Terminals and
facilities thereof
i) Statement of Integrity, Eligibility and Social and Environme nta l
Responsibility duly signed, it shall be prepared using the relevant
form. The Statement of Integrity must be completed without any
alterations to the text, and no substitutes shall be accepted.
Any other materials required to be completed and submitted by bidders.
ITB 13.1 The Contract is Turn-Key lump sum contract (The contract shall be for the
whole works, based on Turn-Key contract).
ITB 13.4 The employer has a duty free privilege and all imported items, as long as they
are imported in the name of the employer, are going to be duty free. Therefore
contractors have to consider this tax exemption in their offer.
ITB 14.1 Currency of the bid shall be Ethiopian Birr and USD.
Bidders Are Required to Submit Payment Term or proposal Along with
milestone and this Can Be Negotiated.
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Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
ITB 14.2 The authority for exchange rates shall be: National Bank of Ethiopia
ITB 15.1 Bids shall remain valid for 120 calendar days.
ITB 15.3 The adjustment of Bid price shall be calculated on the basis of an annual increase
for foreign costs of Zero percent and an annual increase for local costs of Zero
per cent.
ITB 16.1 The amount of the bid security shall be USD 400,000 or the equivalent in a
freely convertible currency.
ITB 16.2 Bid security shall be in an acceptable form expressed in a freely convertib le
currency, in the form of CPO or unconditional Bank Guarantee and shall be
valid for 28 days beyond the validity of the Bid
ITB 18.1 In addition to the original of the bid, the number of copies is: one
D. Submission of Bids
ITB 19.2(a) For bid submission purposes only, the outer envelope shall bear:
The Employer’s address is:
Attention: Eshetu Ermias
Street Address: African Avenue
Floor/Room number: Procurement & Supply Chain Management
Department
Town/City: Addis Ababa
PO Box No/Postal Code: 1755
Tel: 0115174552/8024
Country: Ethiopia
ITB 20.1 The deadline for bid submission is:
Date: - October 18, 2019
Time:- 02:30PM
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Bidding Document
Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
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Design Build of Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport Passengers Terminals & Support Facility
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Bidding Document
Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
E. Award of Contract
ITB 34.1 The successful bidder shall furnish to the employer a 10% performance bond
guarantee in the form of unconditional bank guarantee accepted to the
employer. (Form of performance bond is attached with this bid document)
ITB 35.1
The Adjudicator proposed by the Employer: -
No adjudicator is to be appointed under this contract.
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This Section contains all the factors, methods and criteria that the Employer shall use to
evaluate Qualifications. The information to be provided in relation to each factor and the
definitions of the corresponding terms are included in the respective Qualification Forms.
Contents
4. Experience…………………………………………………………………………………36
5. Site Visit…………………………………………………….………………….…………40
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To qualify for award of the Contract, in accordance with ITB Sub-Clause 4.5, bidders shall
meet the minimum qualifying criteria (a), (b) & (c) as specified below:
(a) Average annual volumes (annual turnover) of construction work over the past Five years
of at least USD 60,000,000. The submitted value shall be accepted only if it is verified
with supporting evidence.
(b) Experience as prime contractor in the construction of at least Three projects each with
a project cost of at least USD 20,000,000 and above over the last Five years. To comply
with this requirement, works cited should be at least 100 percent complete. Experience
in similar works must be in the construction of Passengers Terminal Buildings .
Supporting evidence for satisfactory performance from the employer which clearly
specifies the project amount is required.
(c) Bidders shall submit complete preliminary Architectural design documents supported
with 3D design as specified in section 6 & elsewhere in the tender document. Company
profile of the designer needs to be included in the tender submission and needs to have
experience in terminal design.
Detail evaluation
1. Qualification Criteria
To qualify for award of the Contract, in accordance with ITB Sub-Clause 4.5, bidders shall
meet the minimum qualifying criteria presented as follows:
Prior to the detailed technical evaluation for responsiveness of the bidding document, the
Employer will determine based on ITB whether each Bid meets the eligibility criteria defined
in the bidding document and is responsive to the requirements of the bidding documents, which
lead to rejection not to be considered to further qualification;
Offers that have scored non-responsive in any one of the items specified in the preliminar y
evaluation criteria below Table shall be REJECTED.
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1. General Qualification Q
1.1 Legal Status The bidder shall submit copies of origina l Must meet N/A N/A N/A Forms-QUA. -
documents defining the constitution or legal requirement 1.1(a), 1.1(b) and
status, place or registration and principa l 1.2 with
place of business, written power of attorney of attachments.
the signatory of the Bid to commit the bidder;
and also: -
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1.2 Major The contractor should own, or have assured Forms-QUA. -1.3
Equipment access to (through hire, lease, purchase N/A N/A N/A List of Major
agreement, or other means) list of equipment Equipment
in full working order the following essential
major equipment for the execution of the Must meet
Contract. requirement at
least 80% of
the requirement
Note: The equipment listed here below are
indicative and for evaluation purpose.
Selected bidder shall deploy suffic ie nt
equipment as required for proper execution of
the contract.
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Minimum
Equipment Type and
No Number
Characteristics
Required
1 Dump Truck (12 m3 ) 35
2 Mobile Crane; its capacity >5ton 7
•Tower Crane-Minimum Tower
Height =30 m
or Telescopic Mobile crane with
Boom extendable up to 30m
3 Wheel Loader, 2.5 m3 7
4 Motor grader (130 – 140 HP ) 7
5 Vibrating roller (10 Tone) 7
6 Excavator >=(1.5m3 ) 7
7 Water truck (12000 – 14000 lts.) 7
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1.3 Key personnel The qualifications and experience of key Must meet N / A N/A N/A Forms-QUA.-1.4
technical and supervising staff proposed for requirement Organizational
the execution of the Contract, both on and off Average 90% Chart of
site; with the following minimum of the
Management
requirements
requirements The requirements for Staff
must meet.
qualification and experience of the key
personnel are indicated in Table 2 below.
1.4 Proposal for sub- a) any proposals for subcontracting Has to include N/A N/A Qualification
contracting elements of the Works such that the information. N/A Submission Sheet
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1.5 Proposal of work Proposal of work methods and program, in Has to include N/A N/A Forms-QUA.-1.5
methods and sufficient detail to demonstrate the adequacy information. N/A (a) & (b)
programs of the bidder’s proposals to meet the technica l Proposed
specifications within the completion period. Construction
Schedules &
Methodology
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2.2 Pending All pending litigation shall in total not Must meet N / A N/A N/A Form CON - 2
Litigation represent more than Thirty Percent (30%) of requirement.
the Bidder's net worth and shall be treated as
resolved against the Bidder.
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3. Financial Situation
3.1 a) Historical Submission of audited balance sheets for the Must meet N/A N/A N/A Form FIN - 3.1(a)
Financial last Five (5) years (2013-2017 G.C) to requirement with attachments
Performance demonstrate the current soundness of the
Bidders financial position and its prospective
long term profitability,
i.) Bidders and each partner to a Joint Venture
b) Current should provide information on their
Contract current commitments on all contracts that
Commitments have been awarded, or for which a letter of Must meet N / A N/A Form FIN -
intent or acceptance has been received, or requirement 3.1(b)(i)
for contracts approaching completion, but
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals & Support Facility Buildings Project
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3.2 Annual Average annual construction turnover of USD Must meet N / A N/A N/A Form FIN - 3.2
Construction Sixty Million (USD 60,000,000) calculated as requirement
Turnover total certified payments received for contracts
in progress or completed within the last Five
(5) years.
4. Experience
4.1 General Experience in construction contracts in the role Must meet N / A N/A N/A Form EXP-4.1
Construction of contractor for at least five (5) years for requirement
Experience foreign bidders prior to the submiss io n
deadline.
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4.2(a) Specific The Applicant has successfully participated as Must meet N / A N/A N/A Form EXP 4.2(a)
Construction contractor in at least Three similar building requirement
Experience projects and as the design consultant in at least
Three similar building projects within the last
ten years, each with a value of at least USD
twenty Million (USD 20,000,000) that have
been successfully and substantially completed.
and that are similar to the proposed Works
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Ethiopian Airlines Group
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Ethiopian Airlines Group
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The environmental and social risks are evaluated as high and/or impacts as significant, and therefore, the Bidding Documents include ESHS Specifications.
The Technical Proposal shall comprise an ESHS Methodology. The ESHS Methodology submitted by the Bidder shall be evaluated to determine whether it
is substantially responsive (i.e. without material deviation, reservation or omission) to the requirements specified in the Schedule of Requirements for design-
build of 7 Terminals. The Bidder shall use the ESHS Methodology Form provided for this purpose in Section IV - Bidding Forms - Technical Proposal. A Bid
not comprising an ESHS Methodology or a Bid for which the ESHS Methodology is not substantially responsive (i.e. with material deviation, reservation or
omission) shall be rejected.
1 T hose ESHS qualification criteria may be reduced or deleted if the worksites management is of minor Environmental, Social, Health and Safety impact.
[2 The ISO 9001 certification covers the principles of quality management, including a strong customer focus, motivation and commitment of management, process approach and continuous improvement. This certification
is to be required in case of complex organization of the worksite.
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6.2 ES HS Availability of in-house policies M ust meet N/A N/A Leader must meet 1. The ESHS Ethics Charter of the
Documentation and procedures acceptable to the requirement requirement company or equivalent must be
Employer for ESHS management: provided.
3 The ISO 14001 certification defines the criteria for an environmental management system. This certification is to be required in case of environmental issues of the worksite.
4 The ISO 45001 certification defines a management system for health and safety at work with the overall objective of preventing the occurrence of work related injuries and diseases among workers and providing safe and
healthy workplaces. This certification is to be required in case of health and safety issues.]
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7. AFD Eligibility
Criterion Requirement S ingle Entity Joint Venture (existing or intended) S ubmission Requirements
7.1 AFD Eligibility Not being ineligible to AFD financing, as Must meet Must meet Must meet N/A Statement of Integrity (appendix to
described in ITB 4.3 requirement requirement requirement Letter of Bid)
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Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals & Support Facility Buildings Project
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Ethiopian Airlines Group
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Personnel with the following minimum qualifications and experience but not limited to
this shall be assigned for the work. They shall be deployed in the execution. See the
evaluation table for requirement.
Relevant Evidences of Qualification and experience of personnel listed above must be
attached. No evaluation points will be given without the supporting evidences.
Bidders are expected to mention the particular name of the personnel planned to be assigned
for the project. Recently signed CVs, copy of degree and diplomas shall be attached with
evidence for the work experience.
In case of failure of the bidder on assigning of nominated personnel, during design &
construction, substitution can be instructed by the consultant for professionals at equivalent
level.
The bidder must have suitably qualified personnel to fill the following positions, and should
submit copies of educational testimonial and recommendation of work experience from previous
employers and renewed professional license evidence including recently signed CVs. by the
professional & certified by the bidder. No evaluation points will be given without the supporting
evidences.
If the project is awarded changing the proposed personnel with equivalent qualification and
experience shall be under the approval of the Employer.
Subcontractors’ experience and resources will not be taken into account in determining the
Bidder’s compliance with the qualifying criteria.
A consistent history of litigation or arbitration awards again the applicant or any partner of a Joint
Venture may result in disqualification.
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Only technical offer which pass first stage and comply to all requirements under stage – I evaluation will
be evaluated for stage II detail technical evaluation accordingly.
The minimum pass mark for this stage-II evaluation for construction works shall be 80. Those bidders
who scored 80 and above will be detail evaluated for technical responsiveness and ranked accordingly.
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Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
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Bidding Document
Tenders’ who pass stage-II evaluation will be categorized as technically responsive or not according to
the evaluation criteria set out above. Technical responsiveness of the offer shall be marked as follows.
1. Non Responsive (NR) bid the one who fail to satisfy the technical requirements indicated in the
evaluation criteria. Bidder’s offer, which didn’t submit or didn’t include technical details about
the project as per the TOR, shall be considered Non Responsive.
Offers which have scored non-responsiveness in any one of the items specified in the technical
evaluation criteria will be REJECTED as Non-Responsive.
2. Substantially responsive (SR) bid is the one that partly conforms to specifications of the bidding
documents without major material deviation or reservation so that by any means offered material
shall not affect the quality & performance of the project.
If a bid is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the nonconforming deviation or
reservation.
3. Responsive (R) Bid is the one that fully conforms to all the terms, conditions, and specifications
of the bidding documents without material deviation or reservation.
In case there appear differences between the evaluation point and technical specification included in the
tender document, the statement or requirement included in the technical specification shall prevail.
The employer will consider all the points in the general technical specification, particular technical
specification and tender drawings during evaluation.
Those bidders who comply with all requirements under Stage-II will be evaluated for financial proposal.
Those bidders who scored none comply in any one of the items specified in the evaluation Stage-II and
got less than 80 under Stage-II shall be REJECTED.
Bidder who pass Stage-I and scored the pass mark under Stage-II and offered the lowest financial
proposal (after conducting high level negotiation with all substantially responsive bidders) for the project
will be awarded for the execution of the project.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
The best evaluated bid will be lowest evaluated price of the substantially responsive bid
proposals. High level negotiations may be carried out with all responsive bidders. There will be
at maximum 2 rounds of high level negotiation.
In evaluating bids, the employer will implement the following evaluation and disqualifica tio n
criterion:
V. To have negotiation power Ethiopian Airlines Group will not arrange financial opening call.
The financial bid opening process will accomplish with the presence of Ethiopian Airlines
Group bid evaluation committee members only no bidder shall be invited; only the financ ia l
bids of substantially responsive bidders shall be opened.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
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Bidding Document
Table of Forms
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
The Bidder shall fill in and complete all the blank spaces in the Qualification Forms in
accordance with the instructions for each form indicated below. The Bidder shall note that the
forms included here are for guidance purposes only and that the Bidder shall prepare its
qualification using the corresponding blank forms.
Date: _____________________
Identification No.: __________________
To: _______________________________________________________________
We, the undersigned, apply to be qualified for the Jinka, Shire, Robe, Kombolcha, Gode, Nekemt
& Dembidolo Airport Passengers Terminal Project and declare that: we, including any
subcontractors or suppliers for any part of the contract subject to this qualification do not have
any conflict of interest, in accordance with ITB Sub-Clause 3.2 of the Bidding document we, in
accordance with, Section XII, Qualification Criteria, Sub-Factor 1.4(a) plan to subcontract the
following elements of the works:
_____________________
_____________________
_____________________
We, in accordance with, Section 7, Appendix to bid, and Conditions of Contract Sub-Clause 4.3
plan to subcontract some key activities and/or parts of the works.”
_____________________
_____________________
_____________________
We agree to abide by this bid until the date 120 days from the date of bid submission specified
in the Bidding Data and it shall remain binding upon us and may be accepted at any time before
that date.
Signed _______________________________
Address: _________________________________________________________
________________________________________________________________
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
1. We recognize and accept that Agence Française de Développement ("AFD") only finances
projects of the Contracting Authority subject to its own conditions which are set out in the
Financing Agreement which benefits directly or indirectly to the Contracting Authority.
As a matter of consequence, no legal relationship exists between AFD and our company,
our joint venture or our suppliers, contractors, subcontractors, consultants or sub
consultants. The Contracting Authority retains exclusive responsibility for the preparation
and implementation of the procurement process and performance of the contract. The
Contracting Authority means the Purchaser, the Employer, the Client, as the case may be,
for the procurement of goods, works, plants, consulting services or non-consulting
services.
2. We hereby certify that neither we nor any other member of our joint venture or any of our
suppliers, contractors, subcontractors, consultants or sub consultants are in any of the
following situations:
2.1 Being bankrupt, wound up or ceasing our activities, having our activitie s
administered by the courts, having entered into receivership, reorganization or being
in any analogous situation arising from any similar procedure;
2.2 Having been:
a) convicted, within the past five years by a court decision, which has the force
of res judicata in the country where the Contract is implemented, of fraud,
corruption or of any other offense committed during a procurement process or
performance of a contract (in the event of such conviction, you may attach to
this Statement of Integrity supporting information showing that this convictio n
is not relevant in the context of this Contract);
b) subject to an administrative sanction within the past five years by the European
Union or by the competent authorities of the country where we are constituted,
for fraud, corruption or for any other offense committed during a procurement
process or performance of a contract (in the event of such sanction, you may
attach to this Statement of Integrity supporting information showing that this
sanction is not relevant in the context of this Contract);
c) convicted, within the past five years by a court decision, which has the force
of res judicata, of fraud, corruption or of any other offense committed during
the procurement process or performance of an AFD-financed contract;
2.3 Being listed for financial sanctions by the United Nations, the European Union
and/or France for the purposes of fight-against-terrorist financing or threat to
international peace and security;
2.4 Having been subject within the past five years to a contract termination fully settled
against us for significant or persistent failure to comply with our contractual
obligations during contract performance, unless this termination was challenged and
dispute resolution is still pending or has not confirmed a full settlement against us;
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
2.5 Not having fulfilled our fiscal obligations regarding payments of taxes in accordance
with the legal provisions of either the country where we are constituted or the
Contracting Authority's country;
2.6 Being subject to an exclusion decision of the World Bank and being listed on the
website http://www.worldbank.org/debarr (in the event of such exclusion, you may
attach to this Statement of Integrity supporting information showing that this
exclusion is not relevant in the context of this Contract);
2.7 Having created false documents or committed misrepresentation in documentatio n
requested by the Contracting Authority as part of the procurement process of this
Contract.
3. We hereby certify that neither we, nor any of the members of our joint venture or any of
our suppliers, contractors, subcontractors, consultants or sub consultants are in any of the
following situations of conflict of interest:
3.1 Being an affiliate controlled by the Contracting Authority or a shareholder
controlling the Contracting Authority, unless the stemming conflict of interest has
been brought to the attention of AFD and resolved to its satisfaction;
3.2 Having a business or family relationship with a Contracting Authority's staff
involved in the procurement process or the supervision of the resulting Contract,
unless the stemming conflict of interest has been brought to the attention of AFD and
resolved to its satisfaction;
3.3 Being controlled by or controlling another bidder or consultant, or being under
common control with another bidder or consultant, or receiving from or granting
subsidies directly or indirectly to another bidder or consultant, having the same legal
representative as another bidder or consultant, maintaining direct or indirect contacts
with another bidder or consultant which allows us to have or give access to
information contained in the respective applications, bids or proposals, influenc ing
them or influencing decisions of the Contracting Authority;
3.4 Being engaged in a consulting services activity, which, by its nature, may be in
conflict with the assignments that we would carry out for the Contracting Authority;
3.5 In the case of procurement of goods, works or plants:
a) Having prepared or having been associated with a consultant who prepared
specifications, drawings, calculations and other documentation to be used in
the procurement process of this Contract;
b) Having been recruited (or being proposed to be recruited) ourselves or any of
our affiliates, to carry out works supervision or inspection for this Contract.
4. If we are a state-owned entity, and to compete in a procurement process, we certify that
we have legal and financial autonomy and that we operate under commercial laws and
regulations.
5. We undertake to bring to the attention of the Contracting Authority, which will inform
AFD, any change in situation with regard to points 2 to 4 here above.
6. In the context of the procurement process and performance of the corresponding contract:
6.1 We have not and we will not engage in any dishonest conduct (act or omission)
deliberately indented to deceive others, to intentionally conceal items, to violate or
vitiate someone's consent, to make them circumvent legal or regulatory requireme nt s
and/or to violate their internal rules in order to obtain illegitimate profit;
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
6.2 We have not and we will not engage in any dishonest conduct (act or omission)
contrary to our legal or regulatory obligations or our internal rules in order to obtain
illegitimate profit;
6.3 We have not promised, offered or given and we will not promise, offer or give,
directly or indirectly to (i) any Person who holds a legislative, executive,
administrative or judicial mandate within the State of the Contracting Authorit y
regardless of whether that Person was nominated or elected, regardless of the
permanent or temporary, paid or unpaid nature of the position and regardless of the
hierarchical level the Person occupies, (ii) any other Person who performs a public
function, including for a State institution or a State-owned company, or who provides
a public service, or (iii) any other person defined as a Public Officer by the nationa l
laws of the Contracting Authority’s country, an undue advantage of any kind, for
himself or for another Person or entity, for such Public Officer to act or refrain from
acting in his official capacity;
6.4 We have not promised, offered or given and we will not promise, offer or give,
directly or indirectly to any Person who occupies an executive position in a private
sector entity or works for such an entity, regardless of the nature of his/her capacity,
any undue advantage of any kind, for himself or another Person or entity for such
Person to perform or refrain from performing any act in breach of its legal,
contractual or professional obligations;
6.5 We have not and we will not engage in any practice likely to influence the contract
award process to the detriment of the Contracting Authority and, in particular, in any
anti-competitive practice having for object or for effect to prevent, restrict or distort
competition, namely by limiting access to the market or the free exercise of
competition by other undertakings;
6.6 Neither we nor any of the members of our joint venture or any of our suppliers,
contractors, subcontractors, consultants or sub consultants shall acquire or supply
any equipment nor operate in any sectors under an embargo of the United Nations,
the European Union or France;
6.7 We commit ourselves to comply with and ensure that all of our suppliers, contractors,
subcontractors, consultants or sub consultants comply with internatio na l
environmental and labor standards, consistent with laws and regulations applicable
in the country of implementation of the Contract, including the fundamenta l
conventions of the International Labor Organization (ILO) and internatio na l
environmental treaties. Moreover, we shall implement environmental and social
risks mitigation measures when specified in the environmental and social
commitment plan (ESCP) provided by the Contracting Authority.
7. We, as well as members of our joint venture and our suppliers, contractors, subcontractors,
consultants or sub consultants authorize AFD to inspect accounts, records and other
documents relating to the procurement process and performance of the contract and to have
them audited by auditors appointed by AFD.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Signature: ___________________________________________________________________
Dated: _____________________________________________________________________
5
In case of joint venture, insert the name of the joint venture. The person who will sign the application, bid or proposal on behalf of the
applicant, bidder or consultant shall attach a power of attorney from the applicant, bidder or consultant.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Date: _____________________
Identification No.: __________________
Page _______ of ______ pages
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
The Agent may not delegate this authority to any third person without prior consent of the
principal which should be in writing and be communicated to the Ethiopian Airport Group
This power of Attorney is made pursuant to Article 2199 of the Ethiopian Civil Code and shall
be effective as of [date of signature].
_______________________
[1] If the Agent is the General Manager (GM) or Managing Director (MD) of the company and
if there is no person of higher authority other than him/her, then attach the Memorandum of
Association/Article of Association of the company/ business license to your application which
empowers the person to sign on the application for prequalification + bid.
[2] General Manager/Chairman of Board of Directors/ etc. who is empowered to give such
delegation
[3] Article(s)-of the Memorandum of Association/Article(s)-of the Association/Minutes of
Board of Directors Meeting dated __________ reference No________/etc. (should be attached
with this Power of Attorney)
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Date: _____________________
Identification No.: __________________
Page _______ of _______ pages
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form QUA-1.3
List of Major Equipment
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Party Legal Name: ______________________ Identification No.:
_____________________
Subcontractor’s Legal Name (as per Section XII, Qualification Criteria 1.4(b): ______________
Page _______ of _______pages
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for each and every item of equipment the Bidder considers necessary
to successfully complete the Works within the Time for Construction. A separate Form shall be
prepared for each item of equipment listed.
Item of equipment
The following information may be omitted only in respect of equipment owned by the Bidder or
partner:
Owner 8. Name of owner
9. Address of owner
Agreements 14. Details of rental / lease / manufacture agreements specific to the project:
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form QUA-1.4
Organization Chart of Management Staff.
1. An organization chart for Head Office staff who would be directly concerned with the
Contract.
2. An organization chart for Site management and key technical supervisory staff.
3. A schedule of all proposed Site management and key technical supervisory staff,
corresponding to item 2 above, in the following format:
Note 1: The ability including evidence to speak the Contract language English should be stated,
as well as academic and technical qualifications.
Note 2: This must clearly state periods during which the nominee has been involved in works
which directly fit them for the position proposed. (E.g. for an Asphalt Pavement Engineer
relevant work should directly involve construction of asphaltic mixtures.)
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form QUA-1.5(a)
Proposed Construction Schedule
The Contractor is required to complete the Works within the date stated in the Appendix to the
Form of Bid. The Bidder shall provide a construction schedule, showing the sequence of all
major work items, and identifying any critical path operations. The schedule shall show the
resources associated with each construction operation and, in particular, shall show a histogra m
of the requirement for all major items of Contractor’s Equipment taking in to account the effect
of rainy season. The following shall specifically be shown:
3. Completion of the Contractor’s and the The Engineer’s establishment, includ ing
Engineer’s establishment, including transport offices, laboratory and transport.
for the Engineer.
4. Provision of temporary facilities for the In accordance with the provisions of the
Engineer until the long-term ones are complete Technical Specifications.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form QUA-1.5(b)
Proposed Construction Methodology
Bidder’s Legal Name: _______________ Date: ___________________
Identification No.: ______________ Page_____ of _____ pages
The Bidder shall submit a narrative outlining his intended methods for undertaking the Works.
This narrative should include, but not be limited to, details of the following:
i) The methods to be used in procuring the necessary resources, their transportation to the Site
and their installation;
vi) Proposals for sources of construction materials, including bitumen, and detailed proposals
for the sourcing, winning and processing of naturally occurring materials (e.g. borrows and
quarries);
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Bidders shall submit an undertaking from each proposed subcontractor to confirm that they
have read, understand and will comply with the ESHS obligations using the form hereby
attached.
Form of Subcontractor ESHS Undertaking
Date: ______________________________
Bid No.: ______________________________
Alternative No.: ________________________
We, the undersigned, confirm that we have read, understand and will comply with the ESHS
Specifications for the above-mentioned contract.
Name of the proposed subcontractor: _____________________________________________
Name and title of the person signing this undertaking on behalf of the subcontractor: _______
___________________________________________________________________________
__________________________________________
[Signature of the person named above]
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
__________________________________________
[Date signed]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ______________
Title of the person signing the Bid: _______________________________________________
Signature of the person named above: ____________________________________________
Date signed (day/month/year): __________________________________________________
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form CON – 2
Historical Contract Non-Performance and Pending Litigation
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
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 party to a JV, and not sister, subsidiary 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 (statements for partial periods shall not be accepted)
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
2.
3.
4.
5.
etc.
N.B Information related to value of outstanding work with regard to each project above shall
be accompanied by confirmation of the respective Supervising Engineers of the projects.
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
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 four
months’ construction cash flow demands of the subject contract. The source of financing should
be exclusive to the project.
2.
3.
4.
Address of banker
Fax Telex
N.B
Tenderers are instructed to attach letters authorizing ET GROUP to request information from
each of the Tenderer’s Bankers.
68
Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
69
Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Complexity _________________________________
Methods/Technology _________________________________
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Information
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract Contractor Management Subcontractor
Contractor
Total contract amount _________________________ USD________
If party in a JV or subcontractor,
specify participation of total __________% ____________ USD________
contract amount
Employer’s Name: _______________________________________
Address: _______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Information
Description of the key activities in
accordance with Sub-Factor 4.2(b) of
Section XII:
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
The bid document (The Contract) for the __________________ Project has been collected from
the office __________________ (The Employer) and ________________ (The Contractor) has
inspected the site.
The undersigned has visited and accepted the project nature to my satisfaction.
I accept the scope of work and agree to execute the project having satisfied myself from the site
visit and to be bound by the terms of the contract.
Name__________________________
Date___________________________
Signature_______________________
In the capacity of_________________
Name __________________________
Date____________________________
Signature_________________________
In the capacity of__________________
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
[This Cost Schedule should be inserted into the Bill of Quantities under the Bill "General Items".
Amendments to the ESHS Specifications, if any, may require adjustment of the ESHS Cost Schedule].
[If the ESHS Specifications are not included in the Bidding Documents, this Cost Schedule should be
deleted].
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form CER:
Quality Management / Environmental, Social, Health and Safety (ESHS) Certification
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
JV Member’s Name: [insert full name]
IPC No. and title: [insert IPC number and title]
Page [insert page number] of [insert total number] pages
Address: _________________________________________
[Insert street / number / town or city / country]
Email: _________________________________________
[Insert email address, if available]
Compliance with international standards: The certificate is [ISO 9001, ISO 14001, ISO 45001]
[select as appropriate]
Yes / No
If no, proof of conformity with ISO standards by the The Bidder shall provide a conformity assessment of
Bidder: its certificate by an internationally recognized
Accredited Certification Body.
The Bidder shall fill this Form for each Certification required unde r criterion 5.1 of Section III,
Evaluation and Qualification Criteria
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Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form EXP–ESHS:
Environmental, Social, Health and Safety (ESHS) Experience
Role in contract:
[Check the appropriate box] Prime Member in Management Subcontracto
Contractor JV Contractor r
Total Contract Amount: _________________________ _________________
[Insert total contract amount in [Insert total contract
local currency] amount in US$
equivalent]
Address: __________________________________________
[Insert street / number / town or city / country]
Email: __________________________________________
[Insert email address, if available]
6 For example, ESHS activity reports, ESHS final reports, ESHS inspection reports, supervision Engineer's reports, etc. Only
documents evidencing implementation of ESHS measures shall be accepted.
7
For example, ESHS activity reports presenting training activities, training materials with attendance sheets, etc. Only
documents evidencing ESHS knowhow transfer or ESHS local staff capacity building shall be accepted.
Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Form of Bid
Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
Name of Contract: Jinka, Shire, Robe, Kombolcha, Gode, Nekemt & Dembidolo Airport
Passengers Terminal Project
Gentlemen:
4. We agree to abide by this Bid until the date 120 days from date of bid submission specified
in the Bidding Data and it shall remain binding upon us and may be accepted at any time
before that date.
5. Unless and until a formal Agreement is prepared and executed, this Bid, together with your
written acceptance thereof, shall constitute a binding Contract between us.
6. We understand that you are not bound to accept the lowest or any bid you may receive.
7. We certify/confirm that we comply with the eligibility requirements as per ITB Clause 3 of
the bidding documents.
8. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to Contract execution if we are awarded the Contract, are listed below:
Ethiopian Airlines Group
Design Build of Jinka, Shire, Robe, Kombolcha, Gode Nekemt & Dembidolo Airport Passengers Terminals &
Support Facility Buildings Project
Bidding Document
9. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.
Address:
Witness:
Address:
Occupation
Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
Gode, Nekemt & Dembidolo Airports
Appendix to Tender/Bid
[Note: with the exception of the items for which the Employer’s requirements have
been inserted, the following information must be completed before the Tender is
submitted]
Employer’s name and address 1.1.2.1 & 1.8 Full Employer’s name and address is
as follows Ethiopian Airlines Group
Africa Avenue, Bole Internatio na l
Airport
Addis Ababa, Ethiopia
Tel.: +251 115 178164
Contractor’s name and address 1.1.2.2 & 1.8 (To be inserted later)
Name and address of the 1.1.2.3 & 1.8 (To be notified later)
Employer’s Representative
Time for Completion of the 1.1.3.4 540 Calendar days for Design and
Works If Sub-Clause 13.15 does construction period including 15
not apply: calendar days of mobilization.
6
Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
Gode, Nekemt & Dembidolo Airports
Liquidated damages for the 8.6 0.1% of the Contract price less the
Works value of the completed sections
already handed over to the Employer
per day.
Limit of liquidated damages for 8.6 10 ( Ten ) % of the contract Price
delay
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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a. The bidder shall enter in this schedule a list of the specialized works and approximate value
of the work for which he proposes to use specialist subcontractors, together with the names
and addresses of the proposed subcontractors.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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All countries are eligible except countries subject to the following provisions.
A country shall not be eligible if:
(a) As a matter of law or official regulation, the Government of the Federal
Democratic Republic of Ethiopia prohibits commercial relations with that
country, provided that the Government is satisfied that such exclusion does not
preclude effective competition for the provision of the works required; or
(b) By an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Government of the Federal Democratic Republic of Ethiopia prohibits any
procurement of works from that country or any payments to persons or entitie s
in that country.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Attached Separately
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Section 7
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Particular Conditions
Table of Content
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Particular Conditions
Particular Conditions
All sub-clause mentioned in this particular conditions are in conjunction with the
general condition.
1. General Provisions
1.1.14. The words “Tender , and Tenderer” shall have the same meaning as “Bid
and Bidder respectively”
The employer will appoint a Consulting Engineer to act on behalf of the Employer for
the checking the design of the contractor’s the execution, supervision and administratio n
of the contract. But the checking and approval of the Employer’s representative does not
release the contractor from his responsibility for the correctness and completeness of the
Design.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
Gode, Nekemt & Dembidolo Airports
At the commencement of the work on site, the contractor shall designate one of his senior
staff who shall have knowledge of safety and security regulations on similar projects as
safety officer. This safety officer shall ensure that all applicable safety rules and
procedures shall be complied with and shall also promote safety and security at the site.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Work program
Each review period shall not exceed 21 days
The contractor shall not give, barter or otherwise dispose of to any person or persons,
any access or communication of any kind, or allow contractor’s personnel to do so. The
contractor shall respect the countries recognized festivals, days of rest and religious or
other customs.
proportions of the contract price. For each section, such daily sum shall be 0.1% or
1/1000 of the final contract value of such section, payable (per/day) in the currency of
the contract. The maximum amount of delay damage shall be ten percent (10%) of the
contract price stated in the contract agreement.
All imported materials for the works, which are not incorporated in or expended in
connection with the works shall be exported on completion of the works by the
contractor at its cost or if it fails to do so by the Employer at the contractors cost. If not
exported, the goods will be assessed for duties as applicable to the goods involved in
accordance with the laws of Ethiopia and the contractor shall be responsible for
payment of such duties.
Expatriate (foreign) personnel of the contractor shall be liable to pay for income tax
levied in Ethiopia on their earnings paid in any currency.
All taxes on income of any nature, that may be levied in accordance with the laws and
regulations of Ethiopia on the contractor equipment, plant; materials and supplies
(permanent, temporary & consumable) acquired for the purpose of the works and on
the services performed under the works including but not limited to sub contract service
shall be paid by the contractor. Nothing in the contract documents shall relieve the
contractor from its responsibility to pay any tax that may be levied in Ethiopia on
income obtained by the contractor in respect of the works.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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The contractor’s staff, personnel and labor for the works will be liable to pay personal
income taxes in Ethiopia in respect of their salary and wages as are chargeable under
the laws and regulations for the time being in force, and the contractor shall perform
such duties in regard to such deductions thereof as may be imposed on him by such
laws and regulations.
Expatriate (foreign) personnel shall not be liable for income tax levied in the country
on earnings paid in any foreign currency for income tax levied on subsistence, rentals,
and similar services directly furnished by the contributor to contractor’s personnel, or
for allowance in lieu.
The guarantee shall be valid until the contractor has executed and completed the works
and remedied any defects, as specified for the performance Security in sub-clause 4.2,
and shall be returned to the contractor accordingly.
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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This release of retention shall be in lieu of the release of the second half of the retention
money under the second paragraph of sub-clause 14.9
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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damages or destruction of the works and buildings, property until issuance of Final
Acceptance Certificate by the Employer.
The contractor shall cause the Employer to be named as additional assured under the
contractor’s liability insurance
The contract shall produce the insurance certificates within thirty days after signing of
the Agreement and as a precondition condition for effecting any payment to it by the
Employer.
The risk of loss and damage to the works shall be transferred to the Employer upon
Final Acceptance.
Sub-clause 20.2
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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New clause
ESHS Specifications are applicable
"ESHS Specifications" means the document entitled environmental, social, health and
safety specifications, as included in the Specification, and any additions and
modifications to it in accordance with the Contract. Such document specifies the
environmental, social, health and safety obligations of the Contractor.
"Project Area" has the meaning defined in the ESHS Specifications.
"Worksite – ESMP" stands for Worksite Environmental and Social Management Plan,
and has the meaning defined in the ESHS Specifications.
"EPP" stands for Environmental Protection Plan, and has the meaning defined in the
ESHS Specifications.
ESHS sub clauses:
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Safety Procedures 4.8 Add the following at the end of the Sub-Clause:
"These provisions are complemented by those listed under
the ESHS Specifications which the Contractor must ensure
full compliance with."
Protection of the Environment 4.18 Add the following after the last paragraph:
"These provisions are complemented by those listed under
the ESHS Specifications which the Contractor must ensure
full compliance with."
Progress Reports 4.21 Add the following new item at the end of the Sub-Clause:
"(i) matters requested under the ESHS Specifications."
Health and Safety 6.7 Add the following at the end of the Sub-Clause:
"These provisions are complemented by those listed under
the ESHS Specifications which the Contractor must ensure
full compliance with."
Commencement of Works 8.1 Add the following at the end of the Sub-Clause:
"As defined in the ESHS Specifications (if any), no physical
work may commence on any Project Area until such time
the Contractor has prepared and submitted to the Engineer
the Worksite - ESMP, and the annexed EPP corresponding
to a Project Area, and the Engineer has approved those."
Suspension of Work 8.8 Add the following after the last sentence of the Sub-Clause:
"As an example, and without limitation to other possible
causes, any suspension of work caused by any failure from
the Contractor to comply with the obligations stated:
under the ESHS Specifications (if any), in the event of
a level 3 non-compliance;
under Sub-Clause 4.8 as to safety procedures;
Termination by Employer 15.2 Add the following, after item (f) in the first paragraph:
"(g) Substantially fails to comply with the ESHS
Specifications."
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Contract Agreement
This Agreement, made the [day] day of [month], [year] between [name and address of
Employer] (hereinafter called {the Employer”) of the one part and [name and address
of Contractor] (hereinafter called “the Contractor”) of the other part.
Whereas the Employer desires that the Works known as Design –build of Jinka,
Kombolcha, Shire, Robe, Gode, Nekemt & Dembidolo Airports at Ethiopia (herein
after referred as the work) should be designed and executed by the Contractor, and has
accepted a tender by a contractor for design, execution and completion of the Works
and the remedying of any defects therein,
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Annex A
[Name of contract]
Gentlemen:
We, the Bank, as instructed by the Contractor, agree unconditionally and irrevocably to
guarantee as primary obligator and not as Surety merely, the payment to [name of
Employer] on his first demand without whatsoever right of objection on our part and
without his first claim to the Contractor, in the amount not exceeding [amount of
guarantee] [amount in words].
We further agree that no change or addition to or other modification of the terms of the
Contract or of works to be performed there under or of any of the Contract documents
which may be made between [name of Employer] and the Contractor, shall in any way
release us from any liability under this Guarantee, and we hereby waive notice of any
such change, addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until [name of Employer] receives full repayment of the same
amount form the Contractor, which repayment shall be evidenced by a written
confirmation from the Employer to us.
Yours truly,
Signature and seal
Name of Bank/Financial Institution
Address
Date
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Ethiopian Airlines Group, Design, Procurement and Execution of Jinka, Kombolcha, Shire, Robe,
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Annex B
[Name of contract]
Gentlemen:
Whereas [name and address of ___________] (hereinafter called “the _________”has
undertaken, in pursuance of Contract No. [Number] dated [date] to ____________
[name of Contract] (hereinafter called “the Contract” :
And whereas it has been stipulated by you in the said Contract that the _________shall
furnish you with a Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract:
Now therefore, we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the ________ up to a total of [amount of Guarantee] [amount in words], such
sum being payable in the types and proportions of currencies in which the Contract
Price is payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of [amount of guarantee]
as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the _________
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there under, which may be made between you and the
__________ shall in any way release us from any liability under this Guarantee, and we
hereby waive notice of any such change, addition, or modification.
This Guarantee shall be valid until ____________________.
Signature and seal of the Guarantor ______________
Name ____________________________________
Address __________________________________
Date __________________
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