Volume 1 of 8 - PSRSP - P3 - Complete

CEYLON ELECTRICITY BOARD
SRI LANKA
POWER SYSTEM RELIABILITY STRENGTHENING PROJECT

(PROPOSED ADB LOAN)
PACKAGE 3
Procurement of Plant
Design, Supply, and Installation
Single-Stage: Two-Envelope
Bidding Procedure
BIDDING DOCUMENT
for
Procurement
of
Construction of:
Baddegama 132/33 kV Grid Substation
Homagama 132/33 kV Grid Substation
Peliyagoda 132/33 kV Grid Substation
Tissamaharama 132/33 kV Grid Substation
VOLUME I of 8
Part I- BIDDING PROCEDURES
Section 1-Instruction to Bidders,
Section 2-Bid Data Sheet,
Section 3-Evaluation & Qualification Criteria
Issued on: 01st October 2020 Projects Division

Invitation for Bids No.: CEB/AGM/PRO/2019/IFB/PSRSP-P3 Ceylon Electricity Board,
OCB No.: CEB/AGM/PRO/2019/ OCB/PSRSP-P3 P.O. Box 540, Colombo 02
Employer: Ceylon Electricity Board Sri Lanka
Country: Sri Lanka Document – Revision 1
© Transmission Design & Environment Branch, CEB
Preface
This Bidding Document for Procurement of Plant – Design, Supply, and Installation, has been
prepared by Ceylon Electricity Board and is based on the Standard Bidding Document for Procurement
of Plant – Design, Supply, and Installation (SBD Plant) issued by the Asian Development Bank dated
June 2018.
ADB’s SBD Plant has the structure and the provisions of the Master Procurement Document
entitled “Procurement of Plant – Design, Supply, and Installation”, prepared by multilateral development
banks and other public international financial institutions except where ADB-specific considerations have
required a change.
Table of Contents - Summary Description
VOLUME 1 OF 8
PART I BIDDING PROCEDURES

Section 1 - Instructions to Bidders (ITB) ------------------------------------------------ 1-1
This Section specifies the procedures to be followed by Bidders in the preparation and
submission of their Bids. Information is also provided on the submission, opening, and
evaluation of bids and on the award of contract.
Section 2 - Bid Data Sheet (BDS) --------------------------------------------------------- 2-1

This Section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 - Instructions to Bidders.
Section 3 - Evaluation and Qualification Criteria (EQC) --------------------------- 3-1

This Section contains the bid evaluation criteria to determine the lowest evaluated bid and lists
the necessary qualifications of Bidders.
VOLUME 2 OF 8

Section 4 - Bidding Forms (BDF) ------------------------------------------------------- 4A-1
Part A-Price Bid
This Section contains the forms which are to be completed by the Bidder and submitted as
part of its Bid.
VOLUME 3 OF 8

Section 4 - Bidding Forms (BDF) ------------------------------------------------------- 4B-1
Part B-Technical Bid
This Section contains the forms which are to be completed by the Bidder and submitted as
part of its Bid.
Section 5 - Eligible Countries (ELC) ----------------------------------------------------- 5-1

This Section contains the list of eligible countries.
VOLUME 4 OF 8
PART II REQUIREMENTS
Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6A-1
Part A-Scope of Works
VOLUME 5 OF 8
Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6B-1
Part B-Technical Specification
VOLUME 6 OF 8
Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6C-1
Part C-Drawings
VOLUME 7 OF 8
Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6D-1

Part D-Supplementary Information
Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6D-1

Part E-Bank Guarantees and Certificates, Change Orders
VOLUME 8 OF 8
PART III CONDITIONS OF CONTRACT AND CONTRACT

FORMS
Section 7 - General Conditions of Contract (GCC) ---------------------------------- 7-1
This Section contains the general clauses to be applied in all contracts. These Conditions are
subject to the variations and additions set out in Section 8 (Special Conditions of Contract).
Section 8 - Special Conditions of Contract (SCC) ----------------------------------- 8-1

This Section contains provisions that are specific to each contract and that modify or
supplement the GCC. Whenever there is a conflict, the provisions herein shall prevail over
those in the GCC. The clause number of the SCC is the corresponding clause number of the
GCC.
Section 9 - Contract Forms (COF) --------------------------------------------------------- 9-1

This Section contains forms, which, once completed, will form part of the Contract. The forms
for Performance Security and Advance Payment Security, when required, shall only be
completed by the successful Bidder after contract award.
Section1 - Instructions to Bidders 1-1
Section 1 - Instructions to Bidders

Table of Clauses
A. General ........................................................................................................... 3
1. Scope of Bid .................................................................................................................. 3

2. Source of Funds ............................................................................................................ 3
3. Fraud and Corruption .................................................................................................... 3
4. Eligible Bidders ............................................................................................................. 5
5. Eligible Plant and Services ............................................................................................ 7
B. Contents of Bidding Document .................................................................... 7
6. Sections of Bidding Document....................................................................................... 7

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ....................................... 7
8. Amendment of Bidding Document ................................................................................. 8
C. Preparation of Bids ....................................................................................... 8
9. Cost of Bidding .............................................................................................................. 8

10. Language of Bid ............................................................................................................ 8
11. Documents Comprising the Bid ..................................................................................... 9
12. Letter of Bid and Schedules .......................................................................................... 9
13. Alternative Bids ............................................................................................................. 9
14. Documents Establishing the Eligibility of Plant and Services ....................................... 10
15. Documents Establishing the Eligibility and Qualifications of the Bidder ....................... 10
16. Documents Establishing Conformity of the Plant and Services .................................... 10
17. Technical Proposal, Subcontractors ............................................................................ 10
18. Bid Prices and Discounts............................................................................................. 11
19. Currencies of Bid and Payment ................................................................................... 13
20. Period of Validity of Bids.............................................................................................. 13
21. Bid Security/ Bid Securing Declaration ........................................................................ 13
22. Format and Signing of Bid ........................................................................................... 14
D. Submission and Opening of Bids .............................................................. 15
23. Submission, Sealing, and Marking of Bids ................................................................... 15

24. Deadline for Submission of Bids .................................................................................. 15
25. Late Bids ..................................................................................................................... 15
26. Withdrawal, Substitution, and Modification of Bids....................................................... 15
27. Bid Opening ................................................................................................................ 16
Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

1-2 Section 1 - Instructions to Bidders
E. Evaluation and Comparison of Bids .......................................................... 17
28. Confidentiality ..............................................................................................................17

29. Clarification of Bids ......................................................................................................17
30. Deviations, Reservations, and Omissions ....................................................................17
36. Evaluation and Comparison of Bids .............................................................................19
F. Award of Contract ....................................................................................... 22
41. Award Criteria ..............................................................................................................22

42. Notification of Award ....................................................................................................22
43. Signing of Contract.......................................................................................................22
44. Performance Security ...................................................................................................22
45. Bidding-Related Complaints .........................................................................................23
Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

Section 1 - Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in the Bid Data
Sheet (BDS), the Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of plant and services as specified in Section
6 (Employer’s Requirements). The name, identification, and number of lot/s
(contract/s) of the open competitive bidding (OCB) are provided in the
BDS.
1.2 Throughout this Bidding Document,

(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) “day” means calendar day.
2. Source of 2.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated in the
Funds BDS has applied for or received financing (hereinafter called “funds”) from
the Asian Development Bank (hereinafter called “ADB”) toward the cost of
the project named in the BDS. The Borrower intends to apply a portion of
the funds to eligible payments under the contract(s) for which this Bidding
Document is issued.
2.2 Payments by ADB will be made only at the request of the Borrower and
upon approval by ADB in accordance with the terms and conditions of the
Financing Agreement between the Borrower and ADB (hereinafter called
”Financing Agreement”), and will be subject in all respects to the terms and
conditions of that Financing Agreement. No party other than the Borrower
shall derive any rights from the Financing Agreement or have any claim to
the funds.
3. Fraud and 3.1 ADB’s Anticorruption Policy (1998, as amended to date) requires
Corruption Borrowers (including beneficiaries of ADB-financed activity), as well as
Bidders, Suppliers, and Contractors under ADB-financed contracts,
observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, ADB
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more
parties designed to achieve an improper purpose, including

influencing improperly the actions of another party;

(v) “abuse” means theft, waste or improper use of assets related to
ADB-related activity, either committed intentionally or through
reckless disregard;
(vi) “conflict of interest” means any situation in which a party has
interests that could improperly influence that party’s performance
of official duties or responsibilities, contractual obligations, or
compliance with applicable laws and regulations;
(vii) “obstructive practice” means (a) deliberately destroying, falsifying,
altering or concealing of evidence material to an ADB
investigation, or deliberately making false statements to
investigators, with the intent to impede an ADB investigation; (b)
threatening, harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to a Bank
investigation or from pursuing the investigation; or (c) deliberate
acts intended to impede the exercise of ADB’s contractual rights
of audit or inspection or access to information; and
(viii) “integrity violation" is any act, as defined under ADB’s Integrity
Principles and Guidelines (2015, as amended from time to time),
which violates ADB’s Anticorruption Policy, including (i) to (vii)
above and the following: violations of ADB sanctions, retaliation
against whistleblowers or witnesses, and other violations of ADB's
Anticorruption Policy, including failure to adhere to the highest
ethical standard.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive practices or other
integrity violations in competing for the Contract;
(c) will cancel the portion of the financing allocated to a contract if it
determines at any time that representatives of the Borrower or of a
beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations during the
procurement or the execution of that contract, without the Borrower
having taken timely and appropriate action satisfactory to ADB to
remedy the situation;
(d) will impose remedial actions on a firm or an individual, at any time, in
accordance with ADB’s Anticorruption Policy and Integrity Principles
and Guidelines, including declaring ineligible, either indefinitely or for a
stated period of time, to participate 1 in ADB-financed, -administered, or
-supported activities or to benefit from an ADB-financed, -
administered, or -supported contract, financially or otherwise, if it at
any time determines that the firm or individual has, directly or through
an agent, engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices or other integrity violations; and
(e) will have the right to require that a provision be included in the Bidding
Documents and in contracts financed by ADB, requiring Bidders,
suppliers and contractors to permit ADB or its representative to inspect
their accounts and records and other documents relating to the bid
submission and contract performance and to have them audited by
auditors appointed by ADB.
3.2 All Bidders, consultants, contractors, suppliers, and other third parties
engaged or involved in ADB-related activities have a duty to cooperate
fully in any screening or investigation when requested by ADB to do so.
Such cooperation includes, but is not limited to, the following:
1
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other
capacity (different names are used depending on the particular Bidding Document).

(a) being available to be interviewed and replying fully and truthfully to all
questions asked;
(b) providing ADB with any items requested that are within the party’s
control including, but not limited to, documents and other physical
objects;
(c) upon written request by ADB, authorizing other related entities to
release directly to ADB such information that is specifically and
materially related, directly or indirectly, to the said entities or issues
which are the subject of the investigation;
(d) cooperating with all reasonable requests to search or physically
inspect their person and/or work areas, including files, electronic
databases, and personal property used on ADB activities, or that
utilizes ADB’s Information and Communications Technology (ICT)
resources or systems (including mobile phones, personal electronic
devices, and electronic storage devices such as external disk drives);
(e) cooperating in any testing requested by ADB, including but not limited
to, fingerprint identification, handwriting analysis, and physical
examination and analysis; and
(f) preserving and protecting confidentiality of all information discussed
with, and as required by, ADB.
3.3 All Bidders, consultants, contractors and suppliers shall ensure that, in its
contract with its sub-consultants, subcontractors, and other third parties
engaged or involved in ADB-related activities, such sub-consultants,
subcontractors, and other third parties similarly undertake the foregoing duty
to cooperate fully in any screening or investigation when requested by ADB
to do so.
3.4 The Employer hereby puts the Bidder on notice that the Bidder or any joint
venture partner of the Bidder (if any) may not be able to receive any
payments under the Contract if the Bidder or any of its joint venture
partners, as appropriate, is, or is owned (in whole or in part) by a person or
entity subject to applicable sanctions.
3.5 Furthermore, Bidders shall be aware of the provision stated in GCC 9.6
and GCC 42.2.1 (c).
4. Eligible 4.1 A Bidder may be a natural person, private entity, or government-owned

Bidders enterprise subject to ITB 4.5 - or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in the
form of a Joint Venture. In the case of a Joint Venture,
(a) all partners shall be jointly and severally liable, and
(b) the Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
partners of the Joint Venture during the bidding process and, in the
event the Joint Venture is awarded the Contract, during contract
execution.
4.2 A Bidder, and all partners constituting the Bidder, shall have the nationality
of an eligible country, in accordance with Section 5 (Eligible Countries). A
Bidder shall be deemed to have the nationality of a country if the Bidder is
a citizen or is constituted, incorporated, or registered, and operates in
conformity with the provisions of the laws of that country. This criterion
shall also apply to the determination of the nationality of proposed
subcontractors or suppliers for any part of the Contract including related
services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be

in a conflict of interest with one or more parties in this bidding process if

any of, including but not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to material
information about or improperly influence the bid of another Bidder, or
influence the decisions of the Employer regarding this bidding process;
or
(e) a Bidder participates in more than one bid in this bidding process,
either individually or as a partner in a joint venture, except for
alternative offers permitted under ITB 13. This will result in the
disqualification of all Bids in which it is involved. However, subject to
any finding of a conflict of interest in terms of ITB 4.3 (a) - (d) above,
this does not limit the participation of a Bidder as a subcontractor in
another Bid or of a firm as a subcontractor in more than one Bid; or
(f) a Bidder, joint venture partner, associates, parent company or any
affiliated entity, participated as a consultant in the preparation of the
design or technical specifications of the plant and services that are the
subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer or Borrower as Project
Manager for the Contract; or
(h) a Bidder would be providing goods, works, or nonconsulting services
resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the BDS ITB
2.1 that it provided or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with
that firm.
4.4 A firm shall not be eligible to participate in any procurement activities under
an ADB-financed, -administered, or -supported project while under
temporary suspension or debarment by ADB pursuant to its Anticorruption
Policy (see ITB 3), whether such debarment was directly imposed by ADB,
or enforced by ADB pursuant to the Agreement for Mutual Enforcement of
Debarment Decisions. A bid from a temporary suspended or debarred firm
will be rejected.
4.5 Government-owned enterprises in the Borrower’s country shall be eligible

only if they can establish that they (i) are legally and financially
autonomous, (ii) operate under commercial law, and (iii) are not dependent
agencies of the Employer.
4.6 A Bidder shall not be under suspension from bidding by the Employer as
the result of the execution of a Bid–Securing Declaration.
4.7 Bidders shall provide such evidence of their continued eligibility

satisfactory to the Employer, as the Employer shall reasonably request.
4.8 Firms shall be excluded if 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 Borrower’s country prohibits any import of goods or
contracting of works or services from that country or any payments to
persons or entities in that country.

4.9 In case a prequalification process has been conducted prior to the bidding
process, this bidding is open only to prequalified Bidders.
5. Eligible Plant 5.1 The plant and services to be supplied under the Contract shall have their
and Services origin in eligible source countries as defined in ITB 4.2 and all expenditures
under the Contract will be limited to such plant and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the plant,
or component parts thereof are mined, grown, produced, or manufactured,
and from which the services are provided. Plant components are produced
when, through manufacturing, processing, or substantial or major
assembling of components, a commercially recognized product results that
is substantially in its basic characteristics or in purpose or utility from its
components.
B. Contents of Bidding Document
6. Sections of 6.1 The Bidding Document consists of Parts I, II, and III, which include all the
Bidding sections indicated below, and should be read in conjunction with any
Document addenda issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 - Eligible Countries (ELC)
PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Special Conditions of Contract (SCC)
Section 9 - Contract Forms (COF)
6.2 The IFB issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and its addenda, if they were not obtained directly from the
source stated by the Employer in the IFB.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the
rejection of the Bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification on the Bidding Document
Bidding shall contact the Employer in writing at the Employer’s address indicated in
Document, Site the BDS, or raise inquiries during the pre-bid meeting if provided for in
Visit, Pre-Bid accordance with ITB 7.4. The Employer will respond to any request for
Meeting clarification, provided that such request is received no later than 21 days
prior to the deadline for submission of bids. The Employer’s response shall
be in writing with copies to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description of the inquiry
but without identifying its source. Should the Employer deem it necessary
to amend the Bidding Document as a result of a request for clarification, it
shall do so following the procedure under ITB 8 and ITB 24.2.
7.2 The Bidder is advised to visit and examine the site where the plant is to be
installed and its surroundings and obtain for itself on its own responsibility

all information that may be necessary for preparing the Bid and entering
into a contract for the provision of plant and services. The costs of visiting
the site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter its premises and lands for the purpose of such
visit, but only upon the express condition that the Bidder, its personnel,
and agents, will release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or damage to property, and
any other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid

meeting, if provided for in the BDS. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at
that stage.
7.5 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than 1 week before the pre-bid meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised,
without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an addendum pursuant to ITB 8
and not through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer may
Bidding amend the Bidding Document by issuing addenda.
Document
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Employer may, at its
discretion, extend the deadline for the submission of Bids, pursuant to ITB
24.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of 10.1 The Bid, as well as all correspondence and documents relating to the bid
Bid exchanged by the Bidder and the Employer, shall be written in the
language specified in the BDS. Supporting documents and printed
literature that are part of the Bid may be in another language provided they
are accompanied by an accurate translation of the relevant passages into
the language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.

11. Documents 11.1 The Bid submitted by the Bidder shall comprise the following:
Comprising the
(a) Letter of Bid;
Bid
(b) completed schedules as required, including Price Schedules, in
accordance with ITB 12 and ITB 18;
(c) Bid Security or Bid-Securing Declaration, in accordance with ITB 21;
(d) alternative Bids, if permissible, in accordance with ITB 13;
(e) written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 22.2;
(f) documentary evidence in accordance with ITB 14.1, that the plant and
services offered by the Bidder in its Bid or in any alternative Bid, if
permitted, are eligible;
(g) documentary evidence in accordance with ITB 15, the Bidder’s
eligibility and qualifications to perform the contract if its Bid is
accepted;
(h) Technical Proposal in accordance with ITB 17;
(i) documentary evidence in accordance with ITB 16, that the plant and
services offered by the Bidder conform to the Bidding Document;
(j) list of Subcontractors, in accordance with ITB 17.2; and
(k) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, Bids submitted by a Joint
venture shall include a copy of the Joint venture Agreement entered into by
all partners. Alternatively, a Letter of Intent to execute a Joint venture
Agreement in the event of a successful Bid shall be signed by all partners
and submitted with the Bid, together with a copy of the proposed
agreement.
12. Letter of Bid 12.1 The Bidder shall complete the Letter of Bid, including the appropriate Price
and Schedules Schedules, using the relevant forms furnished in Section 4 (Bidding
Forms). The forms must be completed as instructed in each form and as
required in the BDS.
13. Alternative 13.1 The BDS indicates whether alternative Bids are allowed. If they are
Bids allowed, the BDS will also indicate whether they are permitted in
accordance with ITB 13.3, or invited in accordance with ITB 13.2 and/or
ITB 13.4.
13.2 When alternatives to the Time Schedule are explicitly invited, a statement
to that effect will be included in the BDS, and the method of evaluating
different time schedules will be described in Section 3 (Evaluation and
Qualification Criteria).
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer
technical alternatives to the Employer’s requirements as described in the
Bidding Document must also provide (i) a price at which they are prepared
to offer a plant meeting the Employer’s requirements; and (ii) all
information necessary for a complete evaluation of the alternatives by the
Employer, including drawings, design calculations, technical specifications,
breakdown of prices, and proposed installation methodology and other
relevant details. Only the technical alternatives, if any, of the lowest
evaluated Bidder conforming to the basic technical requirements shall be
considered by the Employer.

13.4 When Bidders are invited in the BDS to submit alternative technical
solutions for specified parts of the facilities, such parts shall be described
in Section 6 (Employer’s Requirements). Technical alternatives that
comply with the performance and technical criteria specified for the plant
and services shall be considered by the Employer on their own merits,
pursuant to ITB 36.
14. Documents 14.1 To establish the eligibility of the plant and services in accordance with ITB
Establishing 5, Bidders shall complete the country of origin declarations in the Price
the Eligibility of Schedule Forms, included in Section 4 (Bidding Forms).
Plant and
Services
15. Documents 15.1 To establish its eligibility and qualifications to perform the Contract in
Establishing accordance with Section 3 (Evaluation and Qualification Criteria), the
the Eligibility Bidder shall provide the information requested in the corresponding
and information sheets included in Section 4 (Bidding Forms).
Qualifications
of the Bidder
15.2 Domestic Bidders, individually or in Joint ventures, applying for eligibility

for domestic preference shall supply all information required to satisfy the
criteria for eligibility as described in ITB 35.
16. Documents 16.1 The documentary evidence of the conformity of the plant and services to
Establishing the Bidding Document may be in the form of literature, drawings, and data,
Conformity of and shall furnish
the Plant and
(a) a detailed description of the essential technical and performance
Services
characteristics of the plant and services, including the functional
guarantees of the proposed plant and services, in response to the
specification;
(b) a list giving full particulars, including available sources, of all spare
parts and special tools necessary for the proper and continuing
functioning of the plant for the period named in the BDS, following
completion of plant and services in accordance with provisions of the
contract; and
(c) a commentary on the Employer’s Specifications and adequate
evidence demonstrating the substantial responsiveness of the plant
and services to those specifications. Bidders shall note that standards
for workmanship, materials and equipment designated by the
Employer in the Bidding Document are intended to be descriptive
(establishing standards of quality and performance) only and not
restrictive. The Bidder may substitute alternative standards, brand
names and/or catalog numbers in its Bid, provided that it demonstrates
to the Employer’s satisfaction that the substitutions are substantially
equivalent or superior to the standards designated in the
Specifications.
17. Technical 17.1 The Bidder shall furnish a Technical Proposal including a statement of
Proposal, work methods, equipment, personnel, schedule and any other information
Subcontractors as stipulated in Section 4 (Bidding Forms), in sufficient detail to
demonstrate the adequacy of the Bidders’ proposal to meet the work
requirements and the completion time.
17.2 For major items of plant and services as listed by the Employer in Criterion
2.5 of Section 3 (Evaluation and Qualification Criteria), which the Bidder
intends to purchase or subcontract, the Bidder shall give details of the

name and nationality of the proposed Subcontractors, including

Manufacturers, for each of those items. In addition, the Bidder shall include
in its Bid information establishing compliance with the requirements
specified by the Employer for these items. Bidders are free to list more
than one Subcontractor against each item of the plant and services.
Quoted rates and prices will be deemed to apply to whichever
Subcontractor is appointed, and no adjustment of the rates and prices will
be permitted.
17.3 The Bidder shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of ITB 4, and that any plant, or
services to be provided by the Subcontractor comply with the requirements
of ITB 5 and ITB 15.1
18. Bid Prices and 18.1 Unless otherwise specified in the BDS and/or Section 6 (Employer’s
Discounts Requirements), Bidders shall quote for the entire plant and services on a
“single responsibility” basis such that the total Bid price covers all the
Contractor’s obligations mentioned in or to be reasonably inferred from the
Bidding Document in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation,
and completion of the plant. This includes all requirements under the
Contractor’s responsibilities for testing, pre‑commissioning, and
commissioning of the plant and, where so required by the Bidding
Document, the acquisition of all permits, approvals, and licenses, etc.; the
operation, maintenance, and training services and such other items and
services as may be specified in the Bidding Document, all in accordance
with the requirements of the General Conditions. Items against which no
price is entered by the Bidder will not be paid for by the Employer when
executed and shall be deemed to be covered by the prices for other items.
18.2 Bidders are required to quote the price for the commercial, contractual and
technical obligations outlined in the Bidding Document.
18.3 Bidders shall give a breakdown of the prices in the manner and detail
called for in the Price Schedules included in Section 4 (Bidding Forms).
Where no different Price Schedules are included in the Bidding Document,
Bidders shall present their prices in the following manner: Separate
numbered Schedules included in Section 4 (Bidding Forms) shall be used
for each of the following elements. The total amount from each Schedule
(Nos. 1 to 4) shall be summarized in a Grand Summary (Schedule No. 5)
giving the total bid price(s) to be entered in the Letter of Price Bid.
Absence of the total bid price in the Letter of Price Bid may result in the
rejection of the Bid.
Schedule No. 1: Plant and Mandatory Spare Parts Supplied from Abroad
Schedule No. 2: Plant and Mandatory Spare Parts Supplied from Within
the Employer’s Country
Schedule No. 3: Design Services
Schedule No. 4: Installation and Other Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6: Recommended Spare Parts
Bidders shall note that the plant and mandatory spare parts included in
Schedule Nos. 1 and 2 above exclude materials used for civil, building,
and other construction works. All such materials shall be included and

priced under Schedule No. 4, Installation and Other Services.
18.4 In the Schedules, Bidders shall give the required details and a breakdown
of their prices as follows:
(a) Plant to be Supplied from Abroad (Schedule No. 1):
(i) the price of the plant shall be quoted carriage and insurance paid
(CIP)-named place of destination basis specified in the BDS;
(ii) all customs duties and other taxes paid or payable in the
Employer’s country on the plant if the contract is awarded to the
Bidder; and
(iii) the total price for the plant.
(b) Plant Supplied from Within the Employer’s Country (Schedule No. 2):
(i) the price of the plant shall be quoted on an EXW Incoterm basis
(ex works, ex factory, ex warehouse, ex showroom, as
applicable), including all customs duties and sales and other
taxes already paid or payable on the components and raw
material used in the manufacture or assembly of plant quoted ex
works or ex factory, or on the previously imported plant of foreign
origin quoted ex warehouse, ex showroom;
(ii) sales tax and other taxes payable in the Employer’s country on
the plant if the contract is awarded to the Bidder, and
(iii) the total price for the plant.
(c) Design Services. (Schedule No. 3). Rates or prices shall include all
taxes, duties, levies, and charges payable in the Employerʼs country as
of 28 days prior to the deadline for submission of Bids.
(d) Installation and Other Services (Schedule No. 4) shall be quoted
separately and shall include rates or prices for local transportation,
insurance, and other services incidental to delivery of the plant, all
labor, contractor’s equipment, temporary works, materials,
consumables, and all matters and things of whatsoever nature,
including operations and maintenance services, the provision of
operations and maintenance manuals, training, etc., where identified in
the Bidding Document, as necessary for the proper execution of the
installation and other services, including all taxes, duties, levies, and
charges payable in the Employer’s country as of 28 days prior to the
deadline for submission of bids.
(e) Recommended spare parts (Schedule No. 6) shall be quoted

separately as specified in either subparagraph (a) or (b) above in
accordance with the origin of the spare parts.
18.5 The current edition of Incoterms, published by the International Chamber

of Commerce shall govern.
18.6 The prices shall be either fixed or adjustable as specified in the BDS.
(a) In the case of Fixed Price, prices quoted by the Bidder shall be fixed
during the Bidder’s performance of the contract and not subject to
variation on any account. A Bid submitted with an adjustable price
quotation will be treated as nonresponsive and rejected.
(b) In the case of Adjustable Price, prices quoted by the Bidder shall be
subject to adjustment during performance of the contract to reflect
changes in the cost elements such as labor, material, transport, and
contractor’s equipment in accordance with the procedures specified in
the corresponding appendix to the Contract Agreement. A Bid

submitted with a fixed price quotation will be treated as non-responsive

and be rejected. The Bidder shall furnish the indexes (e.g. for labor
and materials), their weightings and source in the Tables of
Adjustment Data included in Section 4 (Bidding Forms). The Employer
may require the Bidder to justify its proposed indexes and weightings.
Any bid that omits indexes and weightings shall be subject to
clarification with the Bidder.
18.7 If so indicated in BDS 1.1, Bids are being invited for individual lots
(contracts) or for any combination of lots (packages). Bidders wishing to
offer any price reduction (discount) for the award of more than one contract
shall specify in their Letter of Price Bid the price reductions applicable to
each package, or alternatively, to individual contracts within the package,
and the manner in which the price reductions will apply.
19. Currencies of 19.1 The currency(ies) of the bid shall be, as specified in the BDS.
Bid and
Payment
19.2 Bidders may be required by the Employer to justify, to the Employerʼs

satisfaction, their local and foreign currency requirements.
20. Period of 20.1 Bids shall remain valid for the period specified in the BDS after the bid
Validity of Bids submission deadline date prescribed by the Employer. A bid valid for a
shorter period shall be rejected by the Employer as nonresponsive.
20.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their Bids.
The request and the responses shall be made in writing. If a bid security is
requested in accordance with ITB 21, it shall also be extended 28 days
beyond the deadline of the extended bid validity period. A Bidder may
refuse the request without forfeiting its bid security. A Bidder granting the
request shall not be required or permitted to modify its Bid.
21. Bid Security/ 21.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of
Bid Securing its Bid, in original form, either a Bid-Securing Declaration or a bid security
Declaration as specified in the BDS. In the case of a bid security, the amount and
currency shall be as specified in the BDS.
21.2 If a Bid-Securing Declaration is required pursuant to ITB 21.1, it shall use
the form included in Section 4 (Bidding Forms). The Employer will declare
a Bidder ineligible to be awarded a Contract for a specified period of time,
as indicated in the BDS, if a Bid-Securing Declaration is executed.
21.3 If a bid security is specified pursuant to ITB 21.1, the bid security shall be,
at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee,
(b) an irrevocable letter of credit,
(c) a cashier’s or certified check, or
(d) swift message in the form of MT760.
all from a reputable source from an eligible country as described in Section
5 (Eligible Countries). In the case of a bank guarantee, the bid security
shall be submitted using either the Bid Security Form included in Section 4
(Bidding Forms) or another form acceptable to the Employer. The form
must include the complete name of the Bidder. The bid security shall be
valid for 28 days beyond the original validity period of the Bid, or beyond

any period of extension if requested under ITB 20.2.
21.4 Unless otherwise specified in the BDS, any Bid not accompanied by a
substantially compliant bid security or Bid-Securing Declaration, if one is
required in accordance with ITB 21.1, shall be rejected by the Employer as
nonresponsive.
21.5 If a bid security is specified pursuant to ITB 21.1, the bid security of the
unsuccessful Bidder shall be returned promptly upon the successful
Bidder’s furnishing of the performance security pursuant to ITB 44.
21.6 If a bid security is specified pursuant to ITB 21.1, the bid security of
successful Bidders shall be returned promptly once the successful Bidder
has signed the Contract and furnished the required performance security.
21.7 The bid security may be forfeited or the Bid-Securing Declaration

executed, if
(a) notwithstanding ITB 26.3, a Bidder withdraws its Bid during the period
of bid validity specified by the Bidder on the Letter of Bid, except as
provided in ITB 20.2, or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 43;
(ii) furnish a performance security in accordance with ITB 44; or
(iii) accept the arithmetical corrections of its Bid in accordance with ITB
33.
21.8 If the bid security is required as per ITB 21.1, the bid security of a Joint
Venture shall be in the name of the Joint Venture that submits the Bid. If
the Joint Venture has not been legally constituted at the time of bidding,
the bid security shall be in the name of any or all of the Joint Venture
partners. If the Bid-Securing Declaration is required as per ITB 21.1, the
Bid-Securing Declaration of a Joint Venture shall be in the name of the
Joint Venture that submits the Bid. If the Joint Venture has not been legally
constituted at the time of bidding, the Bid-Securing Declaration shall be in
the names of all future partners as named in the letter of intent referred to
in ITB 4.1.
22. Format and 22.1 The Bidder shall prepare one original set of the documents comprising the
Signing of Bid Bid as described in ITB 11 and clearly mark it “ORIGINAL.” Alternative
Bids, if permitted in accordance with ITB 13, shall be clearly marked
“ALTERNATIVE.” In addition, the Bidder shall submit copies of the Bid, in
the number specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies, the original
shall prevail.
22.2 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person duly authorized to sign on behalf of the
Bidder. This authorization shall consist of a written confirmation as specified in
the BDS and shall be attached to the Bid. The name and position held by
each person signing the authorization must be typed or printed below the
signature. If a Bidder submits a deficient authorization, the Bid shall not be
rejected in the first instance. The Employer shall request the Bidder to
submit an acceptable authorization within the number of days as specified
in the BDS. Failure to provide an acceptable authorization within the period
stated in the Employer’s request shall cause the rejection of the Bid. If
either the Letter of Technical Bid or Letter of Price Bid or the Bid-Securing

Declaration (if applicable) are not signed, the Bid shall be rejected.
22.3 A Bid submitted by a Joint Venture shall be signed so as to be legally

binding on all partners.
22.4 Any amendments such as interlineations, erasures, or overwriting shall be

valid only if they are signed or initialed by the person signing the Bid.
D. Submission and Opening of Bids

23. Submission, 23.1 Bidders may submit their Bids by mail or by hand. When so specified in the
Sealing, and BDS, Bidders shall have the option of submitting their Bids electronically.
Marking of Bids Procedures for submission, sealing and marking are as follows:
(a) Bidders submitting Bids by mail or by hand shall enclose the original
and each copy of the Bid, including alternative Bids, if permitted in
accordance with ITB 13, in separate sealed envelopes, duly marking
the envelopes as “ORIGINAL”, “ALTERNATIVE,” and “COPY.” These
envelopes containing the original and the copies shall then be
enclosed in one single envelope. The rest of the procedure shall be in
accordance with ITB 23.2 and ITB 23.3.
(b) Bidders submitting Bids electronically shall follow the electronic bid
submission procedures specified in the BDS.
23.2 The inner and outer envelopes shall

(a) bear the name and address of the Bidder,
(b) be addressed to the Employer in accordance with ITB 24.1,
(c) bear the specific identification of this bidding process indicated in the
BDS 1.1, and
(d) bear a warning not to open before the time and date for bid opening.
23.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
24. Deadline for 24.1 Bids must be received by the Employer at the address and no later than the
Submission of date and time indicated in the BDS.
Bids
24.2 The Employer may, at its discretion, extend the deadline for the submission of
bids by amending the Bidding Document in accordance with ITB 8, in which
case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.
25. Late Bids 25.1 The Employer shall not consider any Bid that arrives after the deadline for
submission of Bids, in accordance with ITB 24. Any Bid received by the
Employer after the deadline for submission of Bids shall be declared late,
rejected, and returned unopened to the Bidder.
26. Withdrawal, 26.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted
Substitution, by sending a written notice, duly signed by an authorized representative, and
and shall include a copy of the authorization in accordance with ITB 22.2, (except
Modification of that withdrawal notices do not require copies). The corresponding substitution

Bids or modification of the Bid must accompany the respective written notice. All
notices must be:
(a) prepared and submitted in accordance with ITB 22 and ITB 23 (except
that withdrawal notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of Bids, in accordance with ITB 24.
26.2 Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned
unopened to the Bidders.
26.3 No Bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of Bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Technical Bid or any extension thereof.
27. Bid Opening 27.1 The Employer shall open the Bids in public at the address, on the date,
and time specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend. Any specific electronic
bid opening procedures required if electronic bidding is permitted in
accordance with ITB 23.1, shall be as specified in the BDS.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out
and the envelope with the corresponding Bid shall not be opened, but
returned to the Bidder. No bid withdrawal shall be permitted unless the
corresponding withdrawal notice contains a valid authorization to request
the withdrawal and is read out at bid opening. Next, envelopes marked
“SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Bid being substituted. 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 substitution 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. Only envelopes that are
opened and read out at bid opening shall be considered further.
27.3 All other envelopes shall be opened one at a time, reading out the name of
the Bidder and whether there is a modification; the Bid Price(s), including
any discounts and alternative Bids; the presence of a bid security, or a Bid-
Securing Declaration, if required; and any other details as the Employer
may consider appropriate. Only discounts and alternative Bids read out at
bid opening shall be considered for evaluation. Unless otherwise specified
in the BDS, all pages of the Letter of Bid and Price Schedules are to be
initialed by at least three representatives of the Employer attending the bid
opening. No Bid shall be rejected at bid opening except for late Bids, in
accordance with ITB 25.1.
27.4 The Employer shall prepare a record of the bid opening that shall include,
as a minimum: the name of the Bidder and whether there is a withdrawal,
substitution, or modification; the Bid Price, per lot if applicable, including
any discounts and alternative Bids; and the presence or absence of a bid
security or a Bid-Securing Declaration, if one was required. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall be distributed
to all Bidders who submitted Bids on time and posted online when
electronic bidding is permitted.

E. Evaluation and Comparison of Bids

28. Confidentiality 28.1 Information relating to the evaluation of Bids and recommendation of contract
award, shall not be disclosed to Bidders or any other persons not officially
concerned with such process until publication of Contract award.
28.2 Any attempt by a Bidder to influence the Employer in the evaluation of the
Bids or Contract award decisions may result in the rejection of its Bid.
28.3 Notwithstanding ITB 28.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Employer on any matter related to
the bidding process, it should do so in writing.
29. Clarification of 29.1 To assist in the examination, evaluation, and comparison of the Technical and
Bids Price Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid. Any clarification
submitted by a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer’s request for clarification and the
response shall be in writing. No change in the substance of the Technical
Bid or prices in the Price Bid shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the Employer in the
evaluation of the Bids, in accordance with ITB 33.
29.2 If a Bidder does not provide clarifications of its Bid by the date and time set in
the Employer’s request for clarification, its Bid may be rejected.
30. Deviations, 30.1 During the evaluation of Bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified in the
Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
31. Determination
31.1 The Employer’s determination of a bid’s responsiveness is to be based on
of
the contents of the Bid itself, as defined in ITB 11.
Responsivenes
s
31.2 A substantially responsive Bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or performance of
the plant and services specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights, or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive Bids.
31.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 17, Technical Proposal, in particular, to confirm that all
requirements of Section 6 (Employer’s Requirements) have been met

without any material deviation, reservation, or omission.

31.4 If a Bid is not substantially responsive to the requirements of the Bidding
Document, it shall be rejected by the Employer and may not subsequently
be made responsive by correction of the material deviation, reservation, or
omission.
32. Nonmaterial
32.1 Provided that a Bid is substantially responsive, the Employer may waive any
Nonconformitie
nonconformities in the Bid that do not constitute a material deviation,
s
reservation, or omission.
32.2 Provided that a Bid is substantially responsive, the Employer may request that
the Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities in the Bid
related to documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any aspect of
the price of the Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.
32.3 Provided that a Bid is substantially responsive, the Employer shall rectify
quantifiable nonmaterial nonconformities related to the Bid Price. To this
effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect
the price of a missing or nonconforming item or component. The adjustment
shall be made using the method indicated in Section 3 (Evaluation and
33. Correction of
Arithmetical 33.1 Provided that the Bid is substantially responsive, the Employer shall correct
Errors arithmetical errors on the following basis:
(a) where there are errors between the total of the amounts given under
the column for the price breakdown and the amount given under the
Total Price, the amounts given under the column for the price
breakdown shall prevail and the Total Price will be corrected
accordingly;
(b) where there are errors between the total of the amounts of Schedule
Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand
Summary), the total of the amounts of Schedule Nos. 1 to 4 shall
prevail and the Schedule No. 5 (Grand Summary) will be corrected
accordingly;
(c) if there is a discrepancy between the grand total price given in
Schedule No. 5 (Grand Summary) and the bid amount in item (c) of the
Letter of Bid, the grand total price given in Schedule No. 5 (Grand
Summary) will prevail and the bid amount in item (c) of the Letter of
Bid will be corrected; and
(d) 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 arithmetical error, in which case the amount in figures shall prevail
subject to (a), (b), and (c) above.
33.2 If the Bidder that submitted the lowest evaluated Bid does not accept the
correction of errors, its Bid shall be disqualified and its bid security may be
forfeited, or its Bid‑Securing Declaration executed.
34. Conversion to
Single 34.1 For evaluation and comparison purposes, the currency(ies) of the Bid shall
Currency be converted into a single currency as specified in the BDS.

35.1 Unless otherwise specified in the BDS, domestic preference shall not
35. Domestic
apply.
Preference
36. Evaluation and 36.1 The Employer shall use the criteria and methodologies indicated in this
Comparison of clause. No other evaluation criteria or methodologies shall be permitted.
Bids
36.2 Technical Evaluation

The Employer will carry out a detailed technical evaluation of the Bids not
previously rejected as being substantially nonresponsive, to determine
whether the technical aspects are incompliance with the Bidding
Document. The Bid that does not meet required acceptable standards of
completeness, consistency and detail, and the specified minimum and/or
maximum requirements for specified functional guarantees will be treated
as nonresponsive and hence rejected. To reach such a determination, the
Employer will examine and compare the technical aspects of the bids on
the basis of the information supplied by the Bidders, taking into account
the following:
(a) overall completeness and compliance with the Employer’s
Requirements; deviations from the Employer’s Requirements;
conformity of the plant and services offered with specified performance
criteria; suitability of the plant and services offered in relation to the
environmental and climatic conditions prevailing at the site; and quality,
function, and operation of any process control concept included in the
Bid. The Bid that does not meet minimum and/or maximum acceptable
standards of completeness, consistency, and detail will be rejected for
nonresponsiveness;
(b) type, quantity, and long-term availability of mandatory and
recommended spare parts and maintenance services; and
(c) other relevant factors, if any, listed in Section 3 (Evaluation and
36.3 Where alternative technical solutions have been allowed in accordance with ITB
13, and offered by the Bidder, the Employer will make a similar evaluation of the
alternatives. Where alternatives have not been allowed but have been offered,
they shall be ignored.
36.4 Economic Evaluation
I. To evaluate a Bid, the Employer shall consider the following:
(a) the bid price, excluding provisional sums and the provision, if any, for
contingencies in the Price Schedules;
(b) price adjustment for correction of arithmetical errors in accordance with
ITB 33.1;
(c) price adjustment due to discounts offered in accordance with ITB 18.7;
(d) price adjustment due to quantifiable nonmaterial nonconformities in
accordance with ITB 32.3;
(e) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 34;
(f) assessment whether the bid is abnormally low in accordance with ITB
37; and
(g) the evaluation factors indicated in Section 3 (Evaluation and
II. The Employer’s evaluation of a Bid will exclude and not take into

account,
(h) in the case of Plant and Mandatory Spare Parts (Schedule No. 1)
supplied from abroad, all taxes and duties, applicable in the Employer’s
country and payable on the Plant and Mandatory Spare Parts if the
Contract is awarded to the Bidder; and
(i) in the case of Plant and Mandatory Spare Parts (Schedule No. 2)
supplied from within the Employer’s country, sales and other taxes,
applicable in the Employer’s country and payable on the Plant and
Mandatory Spare Parts if the Contract is awarded to the Bidder.
36.5 If price adjustment is allowed in accordance with ITB 18.6, the estimated effect
of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be taken into account in bid
evaluation.
36.6 If this Bidding Document allows Bidders to quote separate prices for different
lots (contracts), and the award to a single Bidder of multiple lots (contracts),
the methodology to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of Bid, is specified
in Section 3 (Evaluation and Qualification Criteria).
36.7 If the Bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analyses for any or all items of the
Price Schedules, to demonstrate the internal consistency of those prices with
the methods and time schedule proposed. After evaluation of the price
analyses, taking into consideration the terms of payments, the Employer may
require that the amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under the
Contract.
36.8 The Employer shall compare all substantially responsive Bids to determine the
lowest evaluated Bid price, in accordance with ITB 36.4.
37. Abnormally 37.1 An abnormally low bid is one where the bid price, in combination with other
Low Bids elements of the bid, appears to be so low that it raises concerns as to the
capability of the Bidder to perform the contract for the offered bid price.
37.2 When the offered bid price appears to be abnormally low, the Employer shall
undertake a three-step review process as follows:
(a) identify abnormally low costs and unit rates by comparing them with the
engineer’s estimates, other substantially responsive bids, or recently
awarded similar contracts;
(b) clarify and analyze the bidder’s resource inputs and pricing, including
overheads, contingencies and profit margins; and
(c) decide whether to accept or reject the bid.
37.3 With regard to ITB 37.2 (b) above, the Employer will seek a written explanation
from the bidder of the reasons for the offered bid price, including a detailed
analysis of costs and unit prices, by reference to the scope, proposed
methodology, schedule, and allocation of risks and responsibilities. This may
also include information regarding the economy of the manufacturing process;
the services to be provided, or the construction method to be used; the
technical solutions to be adopted; and any exceptionally favorable conditions
available to the bidder for the works, equipment or services proposed.
37.4 After examining the explanation given and the detailed price analyses
presented by the bidder, the Employer may:

(a) accept the bid, if the evidence provided satisfactorily accounts for the
low bid price and costs, in which case the bid is not considered
abnormally low;
(b) accept the bid, but require that the amount of the performance security
be increased at the expense of the bidder to a level sufficient to protect
the Employer against financial loss. The amount of the performance
security shall generally be not more than 20% of the contract price; or
(c) reject the bid if the evidence provided does not satisfactorily account
for the low bid price, and make a similar determination for the next
ranked bid, if required.
38. Eligibility and 38.1 The Employer shall determine to its satisfaction whether the Bidder that is
Qualification of selected as having submitted the lowest evaluated and substantially
the Bidder responsive Bid is eligible and meets the qualifying criteria specified in Section
3 (Evaluation and Qualification Criteria).
38.2 The determination shall be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to
ITB 15. Unless permitted in the BDS, the determination shall not take into
consideration the qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, Subcontractors (other than Specialist
Subcontractors if permitted in the bidding document), or any other firm(s)
different from the Bidder.
38.3 An affirmative determination shall be a prerequisite for award of the Contract
to the Bidder. The Employer reserves the right to reject the bid of any bidder
found to be in circumstances described in GCC 42.2.1(a). A negative
determination shall result in disqualification of the Bid, in which event the
Employer shall proceed to the next lowest evaluated Bid to make a similar
determination of that Bidder’s qualifications to perform satisfactorily.
38.4 The capabilities of the manufacturers and subcontractors proposed in its Bid
for the major items of plant and services to be used by the lowest evaluated
Bidder will also be evaluated for acceptability in accordance with Section 3
(Evaluation and Qualification Criteria). Their participation should be confirmed
with a letter of intent between the parties, as needed. Should a manufacturer
or subcontractor be determined to be unacceptable, the Bid will not be
rejected, but the Bidder will be required to propose, without changing its bid
price, an acceptable substitute manufacturer or subcontractor meeting the
minimum technical specifications stated in Section 6 (Employer’s
Requirements). If a Bidder does not provide an acceptable substitute
manufacturer or subcontractor by the date and time set in the Employer’s
request for substitution of manufacturer or subcontractor, its Bid may be
rejected.
38.5 Prior to signing the Contract, the corresponding Appendix to the Contract
Agreement shall be completed, listing the approved manufacturers or
subcontractors for each item concerned.
39. Employer’s 39.1 The Employer reserves the right to accept or reject any Bid, and to annul the
Right to Accept bidding process and reject all Bids at any time prior to contract award, without
Any Bid and to thereby incurring any liability to Bidders. In case of annulment, all Bids
Reject Any or submitted and specifically, bid securities, shall be promptly returned to the
All Bids Bidders.
40. Notice of
40.1 If Standstill provisions apply as specified in the BDS, the standstill period shall
Intention for
be defined in the BDS to specify the duration subsequent to notification of
Award of
intention for award of contract (before making the actual contract award) within
Contract

which any unsuccessful bidder can challenge the proposed award.
F. Award of Contract
41. Award Criteria 41.1 The Employer shall award the Contract to the Bidder whose offer has been
determined in line with ITB 36 to ITB 37 above to be the lowest evaluated
Bid and is substantially responsive to the Bidding Document, provided
further that the Bidder is determined to be eligible and qualified to perform
the Contract satisfactorily.
42. Notification of 42.1 Prior to the expiration of the period of bid validity and upon expiry of the
Award standstill period specified in ITB 40.1, or upon satisfactory resolution of a
complaint filed within standstill period, if applicable, the Employer shall
transmit the Notification of Award (using the form included in Section 9
(Contract Forms)) to the successful Bidder, in writing, that its Bid has been
accepted. At the same time, the Employer shall also notify all other Bidders
of the results of the bidding.
42.2 Unless standstill period applies, upon notification of award, unsuccessful
Bidders may request in writing to the Employer for a debriefing seeking
explanations on the grounds on which their Bids were not selected. The
Employer shall promptly respond in writing and/or in a debriefing meeting
to any unsuccessful Bidder who, after publication of contract award,
requests a debriefing.
42.3 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract.
42.4 Within 2 weeks of the award of contract or expiry of the standstill period,
where such period applies, or, if a complaint has been filed within the
standstill period, upon receipt of ADB’s confirmation of satisfactory
resolution of the complaint, the borrower shall publish in an English
language newspaper or widely known and freely accessible website the
results identifying the bid and lot or package numbers, as applicable and
the following information:
(a) name of each Bidder who submitted a bid;
(b) bid prices as read out at bid opening;
(c) name and evaluated prices of each bid that was evaluated;
(d) name of Bidders whose Bids were rejected and the reasons for their
rejection; and
(e) name of the winning Bidder, and the price it offered, as well as the
duration and summary scope of the contract awarded.
43. Signing of 43.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Contract Agreement.
43.2 Within 28 days of receipt of the Contract Agreement, the successful Bidder
shall sign, date, and return it to the Employer.
44. Performance 44.1 Within 28 days of the receipt of notification of award from the Employer, the
Security successful Bidder shall furnish the performance security in accordance with
the conditions of contract, subject to ITB 36.7 and ITB 37, using for that
purpose the Performance Security Form included in Section 9 (Contract
Forms), or another form acceptable to the Employer. If the institution issuing
the performance security is located outside the country of the employer, it shall

have a correspondent financial institution located in the country of the

employer to make it enforceable.
44.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the bid security or
execution of the Bid-Securing Declaration. In that event, the Employer
may award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily.
45. Bidding- 45.1 The procedures for dealing with Bidding-related Complaints arising out of this
Related bidding process are specified in the BDS.
Complaints

Section 2 – Bid Data Sheet 2-1
Section 2 - Bid Data Sheet

This section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 - Instructions to Bidders.
A. General
ITB 1.1 The number of the Invitation for Bids (IFB) is: CEB/AGM/PRO/2019/IFB/PSRSP-
P3
The Employer is: Ceylon Electricity Board
The name of the open competitive bidding (OCB) is:
Power System Reliability Strengthening Project Package 3. Construction of

Baddegama 132/33kV Grid Substation, Homagama 132/33kV Grid Substation,
Peliyagoda 132/33kV Grid Substation, Tissamaharama 132/33kV Grid
Substation.
The identification number of the OCB is: CEB/AGM/PRO/2019/OCB/PSRSP-P3
ITB 2.1 The Borrower is: Ceylon Electricity Board
The name of the Project is: Power System Reliability Strengthening Project
B. Contents of Bidding Documents
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: Project Manager (PSRSP-Package 3)

Ceylon Electricity Board,
759,
Thalangama South,
Pelawatta,
Sri Lanka
Telephone: 0112888495
Fax: 0112888497
E-mail: pm3psrsp.prj@ceb.lk
ITB 7.4 A Pre-Bid meeting will take place.

Date: November 03, 2020
Time: 10.00 a.m.
Place: Auditorium of Ceylon Electricity Board, Distribution Division 4

2-2 Section 2 - Bid Data Sheet
Headquarters at No. 25, Council Lane, Dehiwela-Mount Lavinia, Sri Lanka.

The site visit will be held on the same day at 2.00 p.m. at Peliyagoda and 8.00
a.m. at Homagama, 11.00 a.m. at Baddegama, 16.00 p.m. at Tissamaharama on
the following day.
C. Preparation of Bids
ITB 10.1 The language of the Bid is: English
ITB 11.2 (k) The Bidder shall submit with its Technical Bid the following additional documents:
1. A Copy of the Business Registration certified by the relevant issuing authority

or attested by an attorney.
2. All Mandatory Documents listed in Section 6- Employer’s Requirements, Part

D- Supplementary Information in Volume 7 of 8.
3. Duly Signed Bid Forms in the Section 4: Bidding Forms- Part B: Technical Bid
in Volume 3 of 8
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:
None
ITB 12.1 The units and rates in figures entered into the Price Schedules should be
typewritten or if written by hand, must be in print form. Price Schedules not
presented accordingly may be considered nonresponsive.
ITB 13.1 Alternative bids are not permitted.
ITB 13.2 Alternatives to the Time Schedule shall not be permitted.
ITB 13.4 Alternative technical solutions shall not be permitted.
ITB 16.1 (b) The period following completion of plant and services in accordance with
provisions of the contract shall be 10 years.
ITB 18.1 Bidders shall quote for the entire plant and services on a single responsibility
basis.
IT 18.4(a)(i) The Incoterm for quoting plant to be supplied from abroad is: CIP Baddegama,
Homagama, Peliyagoda, Tissamaharama, Ambalangoda, Galle, Hambantota,
Horana, Kelaniya, Kotugoda, Padukka.
ITB 18.6 The prices quoted by the Bidder shall be adjustable.
The formula for adjusting the prices and explanatory details are specified in the

Special Conditions of Contract (SCC) Clause 11.2 and Appendix 2 of Contract

Agreement.
ITB 19.1 The currencies of the Bid shall be as follows:
(a) The prices shall be quoted either in the currency of the Bidder's home
country, or in any fully convertible currency/(ies).
(b) A Bidder expecting to incur a portion of its expenditures in the performance

of the Contract in more than one currency, and wishing to be paid
accordingly, shall so indicate in the Schedule of Prices and the Letter of
Price Bid.
(c) If some of the contract expenditures related to Design, Installation and

Other Services are to be incurred in the Employer's country, such
expenditures shall be quoted in either foreign and/or local currency,
depending upon the currency in which the costs are to be incurred.
(d) Bidders may be required by the Employer to clarify their local and foreign
currency requirements, and to substantiate that the amounts included in the
Price Schedules are reasonable and responsive to ITB 18.1 in which case a
detailed breakdown of its foreign currency requirements shall be provided
by the Bidder
(e) During the performance of the contract, the foreign currency portions of the
outstanding balance of the Contract Price may be adjusted by agreement
between the Employer and the Contractor to reflect any changes in foreign
currency requirements for the contract. Any such adjustment shall be
effected by comparing the amounts quoted in the bid with the amounts
already used in the Facilities and the Contractor's future needs for imported
items.
ITB 20.1 The bid validity period shall be 180 days.
ITB 21.1 The Bidder shall furnish a bid security in the amount of: LKR 100 million or US$
0.55 million.
Bid Securing declarations are not permitted.
ITB 21.2 The ineligibility period will be not applicable.
ITB 21.4 Subject to the succeeding sentences, any bid not accompanied by an irrevocable
and callable bid security shall be rejected by the Employer as nonresponsive. If a
Bidder submits a bid security that (i) deviates in form, amount, and/or period of
validity, or (ii) does not provide sufficient identification of the Bidder (including,
without limitation, failure to indicate the name of the Joint Venture or, where the
Joint Venture has not yet been constituted, the names of all future Joint Venture
Partners), the Employer shall request the Bidder to submit a compliant bid
security within fourteen (14) days of receiving such a request. Failure to provide
a compliant bid security within the prescribed period of receiving such a request
shall cause the rejection of the Bid.
ITB 22.1 In addition to the original Bid, the number of copies is: Two (02)
The bidders shall mark the envelopes of bids as “ORIGINAL”, “FIRST COPY” and
“SECOND COPY’

2-4 Section 2 - Bid Data Sheet
ITB 22.2 The written confirmation of authorization to sign on behalf of the Bidder shall
consist of written Power of Attorney which should either be (a) notarized or (b)
attested to by an appropriate authority in the Bidder’s home country or
authenticated Board Resolution to be signed by a person having a power of
attorney of the company. It shall include the specimen signature/s of the
authorized person/s for signing the Bid.
The Bidder shall submit an acceptable authorization within fourteen (14) days.
D. Submission and Opening of Bids
ITB 23.1 Bidders shall not have the option of submitting their bids electronically.
ITB 23.1 (b) If Bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be: Not Applicable
ITB 24.1 For bid submission purposes only, the Employer’s address is
Attention: AGM (Projects),

4th Floor, No.385, Landmark Building,
Galle Road,
Colombo 03,
Sri Lanka
The deadline for bid submission is
Date: December 02, 2020
Time: 10.00 a.m. (at local time)
ITB 27.1 The bid opening of Technical Bids shall take place at
Office of the AGM (Projects),
4th Floor, No.385, Landmark Building,
Galle Road,
Colombo 03,
Sri Lanka
Date: December 02, 2020
Time: 10.15 a.m. (at local time)
ITB 27.1 Electronic bid opening procedure shall be as follows: Not Applicable
ITB 27.5 The Letter of Technical Bid shall be initialed by three (03) representatives of the
Employer attending Technical Bid opening.
ITB 27.10 The Letter of Price Bid and Price Schedules shall be initialed by three (03)
representatives of the Employer attending the Price Bid opening.

E. Evaluation and Comparison of Bids
ITB 35.2 The qualifications of other firms such as the Bidder’s subsidiaries, parent entities,
affiliates, subcontractors shall not be permitted.
ITB 37.1 The currency that shall be used for bid evaluation and comparison purposes to
convert all bid prices expressed in various currencies into a single currency is:
Sri Lanka Rupee (LKR)
The source of the selling exchange rate shall be: Central Bank of Sri Lanka.
Selling exchange rate or indicative exchange rate in case selling exchange

rate is not published by the Central Bank of Sri Lanka.
The date for the selling exchange rate shall be:
Date of opening of the technical bids
ITB 38.1 Domestic preference shall apply. The application methodology will be as
specified in Section 3 (Evaluation and Qualification Criteria).
ITB 39.2 Refer sub clause 1.5 and 1.6 of Section 6: Employer’s Requirements; Part B –
Technical Specification of Volume 5 of 8
ITB 42.1 Standstill provisions shall not apply.
ITB 47.1 The procedures for Bidding-related Complaints are referenced in the
“Procurement Regulations for ADB Borrowers (Appendix 7).” The Bidder should
submit its complaint following these procedures, in writing, to:
Attention: Project Director (PSRSP)

759,
Thalangama South,
Pelawatta,
Sri Lanka
Telephone: 0112888495
Fax: 0112888497
E-mail: pdpsrsp.prj@ceb.lk

Section 3 - Evaluation and Qualification Criteria 3-1
Section 3 - Evaluation and Qualification

Criteria
Table of Criteria
1. Evaluation .................................................................................................................. 3-2

1.1 Technical Evaluation ........................................................................................................ 3-2
1.2 Alternative Technical Solutions ...................................................................................... 3-2
1.3 Economic Evaluation ....................................................................................................... 3-2
1.4 Multiple Contracts ............................................................................................................ 3-4
2. Qualification ............................................................................................................... 3-5
2.1 Eligibility ............................................................................................................................ 3-5

2.1.1 Nationality ................................................................................................................. 3-5
2.1.2 Conflict of Interest ..................................................................................................... 3-5
2.1.3 ADB Eligibility ............................................................................................................ 3-5
2.1.4 Government-Owned Enterprise ................................................................................ 3-5
2.1.5 United Nations Eligibility ........................................................................................... 3-5
2.2 Historical Contract Non-Performance ............................................................................ 3-6
2.2.1 History of Non-Performing Contracts ......................................................................... 3-6

2.2.2 Suspension Based on Execution of Bid-Securing Declaration .................................. 3-6
2.2.3 Pending Litigation and Arbitration .............................................................................. 3-6
2.3 Financial Requirements ................................................................................................... 3-7

2.3.1 Historical Financial Performance .............................................................................. 3-7
2.3.2 Average Annual Turnover ......................................................................................... 3-7
2.3.3 Financial Resources ................................................................................................. 3-8
2.4 Bidder's Experience ......................................................................................................... 3-9

2.4.1 Contracts of SImilar Size and Nature ....................................................................... 3-9
2.4.2 Experience in Key Activities .................................................................................... 3-10
2.5 Subcontractors ............................................................................................................... 3-11

3-2 Section 3 - Evaluation and Qualification Criteria
1. Evaluation
1.1 Technical Evaluation

In addition to the criteria listed in ITB 34.1 (a)–(b), other relevant factors are as follows:
Evaluation of the Bidder’s Technical Proposal will include an assessment of the

Bidder’s technical capacity to mobilize key equipment and personnel for the contract
consistent with its proposal regarding work methods, scheduling, and material sourcing
in sufficient detail and fully in accordance with the requirements stipulated in Section 6
(Employer’s Requirements).
Non-compliance with equipment and personnel requirements described in Section 6

(Employer’s Requirements) shall not normally be a ground for bid rejection and such
non-compliance will be subject to clarification during bid evaluation and rectification
prior to contract award.
1.2 Alternative Technical Solutions

Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows:
Not Applicable
1.3 Economic Evaluation

In addition to the criteria listed in ITB 39.2 I (a)–(f), other relevant factors are as
follows:
Adjustments in price that result from the procedures outlined below shall be
added, for purposes of comparative evaluation only, to arrive at an “Evaluated Bid
Price.” Bid prices quoted by Bidders shall remain unaltered.
1.3.1 Quantifiable Deviations and Omissions
Quantifiable Deviations and Omissions from the contractual obligations: the

evaluation shall be based on the evaluated cost of fulfilling the contract in
compliance with all contractual obligations under this Bidding Document.
Pursuant to ITB 33.3, the cost of all quantifiable nonmaterial nonconformities or

omissions from the contractual and commercial conditions shall be evaluated. The
Employer will make its own assessment of the cost of any nonmaterial
nonconformities and omissions for the purpose of ensuring fair comparison of
Bids.
1.3.2 Time Schedule

Time to complete the plant and services from the effective date specified in Article
3 of the Contract Agreement for determining the time for completion of pre-
commissioning activities is: 730 days. No credit will be given for earlier
completion.
1.3.3 Operating and Maintenance (O&M) Costs

As applicable
1.3.4 Functional Guarantees of the Facilities
The minimum and/or maximum requirements stated in the Specification for

functional guarantees required in the Specification are the following:

Functional Guarantee Minimum and/or Maximum Requirements

1. Power Transformer Losses
Bids will be evaluated on the basis that,
“the value of guaranteed operational
losses” added to the “offered price” in case
of main power transformers. The cost of
guaranteed losses would be added to the
price of the Bidder in the evaluation.
Furthermore, the references to the

evaluation and guaranteed component
losses are below;
(i) sub-clause 10.5, “Losses and

Evaluation of Losses” in page 7
of Chapter 10 - Transformers in
Section 6: Employer’s
Requirements; Part B –
Technical Specification of
Volume 5 of 8.
(ii) “Power Transformers” in

Technical Particulars and
Guarantees, A - Electrical
Works, Section 6: Employer’s
Requirements; Part D –
Supplementary Information of
Volume 5 of 8.
For the purposes of evaluation, for each percentage point in performance or

efficiency below the norm specified in the Specification but above the minimum
acceptable levels also specified there, an adjustment of amount according to the
sub-clause 10.5, “Losses and Evaluation of Losses” in page 7 of Chapter 10 -
Transformers in Section 6: Employer’s Requirements; Part B – Technical
Specification of Volume 5 of 8 will be added to the bid price.
1.3.5 Work, Services, Facilities, etc., to Be Provided by the Employer

Employer will not provide any work, services, facilities, etc.
1.3.6 Specific Additional Criteria

Not applicable
1.3.7 Domestic Preference

Domestic preference will be granted to eligible domestically produced Plant and
Equipment in accordance with the following provisions:
(a) The preference margin shall not be applied to the whole facility but only to
the eligible domestically produced Plant and Equipment within the contract.
(b) Plant and Mandatory Spare Parts supplied from abroad shall be quoted CIP
(Section 4, Bidding Forms, Schedule No. 1) and Plant and Mandatory Spare
Parts supplied from within the Employer’s country shall be quoted EXW (ex
works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as
applicable) free of sales and similar taxes (Section 4, Bidding Forms,
Schedule No. 2).

(c) All other cost components for services and works such as costs for design,
local handling, transportation, storage, installation, and commissioning shall
be quoted separately (Section 4, Bidding Forms, Schedule No. 3 - Design
Services and Schedule No. 4 - Installation and Other Services).
(d) In the comparison of Bids, only the CIP price component of each Bid for the
Plant and Equipment offered from outside the Employerʼs country shall be
increased by 15%.
(e) No domestic preference shall be applied to any of the services or works

included in the contract.
(f) Bidders shall not be permitted or required to modify the mix of local and
foreign Plant and Equipment after bid opening.
2. Qualification
It is the legal entity or entities comprising the Bidder, and not the Bidder’s parent
companies, subsidiaries, or affiliates, that must satisfy the qualification criteria described
below.
2.1 Eligibility
Criteria Compliance Requirements Documents
Joint Venture
Single Submission
Requirement All Partners Each One
Entity Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in accordance with must meet must meet must meet not Forms
requirement requirement requirement applicable
ITB Sub clause 4.2. ELI - 1; ELI - 2
with attachments
2.1.2 Conflict of Interest

No conflicts of interest in must meet must meet must meet not Letter of Technical
requirement requirement requirement applicable Bid
accordance with ITB Sub clause
4.3.
2.1.3 ADB Eligibility

Not having been declared must meet must meet must meet not Letter of Technical
ineligible by ADB, as described
in ITB Sub clause 4.4.
2.1.4 Government-Owned Enterprise
Bidder required to meet must meet must meet must meet not Forms
requirement requirement requirement applicable ELI - 1; ELI - 2
conditions of ITB Sub clause
4.5. with attachments
2.1.5 United Nations Eligibility

Not having been excluded by an must meet must meet must meet not Letter of Technical
act of compliance with a United
Nations Security Council
resolution in accordance with
ITB sub clause 4.8.

2.2 Historical Contract Non-Performance
2.2.1 History of Non-Performing Contracts

Joint Venture
Single Submission
Entity Requirements
Non-performance of a contracta must meet must meet must meet not Form CON-1
requirement requirements requirementb applicable
did not occur as a result of
contractor default since 1st
January 2009.
a
Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the
contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that
were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers
decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled
disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under
the respective contract and where all appeal instances available to the Bidder have been exhausted.
b This requirement also applies to contracts executed by the Bidder as Joint Venture member.
2.2.2 Suspension Based on Execution of Bid-Securing Declaration

Joint Venture
Single Submission
Entity Requirements
Not under suspension based on must meet must meet must meet not Letter of Technical
execution of a Bid Securing
Declaration pursuant to ITB 4.6.
2.2.3 Pending Litigation and Arbitration
Pending litigation and arbitration criterion shall apply.

Joint Venture
Single Submission
Entity Requirements
All pending litigation and must meet not must meet not Form CON - 1
requirement applicable requirement applicable
arbitration, if any, shall be
treated as resolved against the
Bidder and so shall in total not
represent more than One
hundred (100) percent of the
Bidder’s net worth calculated as
the difference between total
assets and total liabilities

2.3 Financial Situation

2.3.1 Historical Financial Performance

Joint Venture
Single Submission
Entity Requirements
Submission of audited financial must meet not must meet not Form FIN - 1 with
requirement applicable requirement applicable attachments
statements or, if not required by
the law of the Bidder’s country,
other financial statements
acceptable to the Employer, for
the last three (03) years to
demonstrate the current
soundness of the Bidder’s
financial position. As a
minimum, the Bidder’s net worth
for the last year calculated as
the difference between total
assets and total liabilities should
be positive.
2.3.2 Average Annual Turnover

Joint Venture
Single Submission
Entity Requirements
Minimum average annual must meet must meet must meet must meet Form FIN - 2
requirement requirement
turnover of US $ 35.76 million, 25% 40%
calculated as total certified of the of the
payments received for contracts requirement requirement
in progress or completed, within
the last three (03) years.

2.3.3 Financial Resources

Joint Venture
Single Submission
Entity Requirements
For Single Entities: must meet not not not Form FIN – 3 and
requirement applicable applicable applicable Form FIN - 4
The Bidder must demonstrate that
its financial resources defined in FIN
- 3, less its financial obligations for
its current contract commitments
defined in FIN - 4, meet or exceed
the total requirement for the Subject
Contract of US$ 4.47 million
For Joint Ventures: not not not must meet Form FIN – 3 and
applicable applicable applicable requirement Form FIN - 4
(1) One partner must demonstrate
that its financial resources
defined in FIN - 3, less its
financial obligations for its own
current contract commitments
defined in FIN - 4, meet or
exceed its required share of
40% from the total requirement
for the Subject Contract.
AND
(2) Each partner must demonstrate not not must meet not Form FIN – 3 and
applicable applicable requirement applicable Form FIN - 4
that its financial resources
defined in FIN - 3, less its
financial obligations for its own
current contract commitments
defined in FIN - 4, meet or
exceed its required share of
25% from the total requirement
for the Subject Contract.
AND
(3) The joint venture must not must meet not not Form FIN – 3 and
applicable requirement applicable applicable Form FIN - 4
demonstrate that the combined
financial resources of all
partners defined in FIN - 3, less
all the partners’ total financial
obligations for the current
contract commitments defined
in FIN - 4, meet or exceed the
total requirement for the
Subject Contract of US$ 4.47
million

2.4 Bidder’s Experience

2.4.1 Contracts of Similar Size and Nature

Joint Venture
Single Submission
Entity Requirements
Participation as a must meet must meet not not Form EXP - 1
contractor, JV partner, or requirement requirement applicable applicable
subcontractor, in at least
two contracts that have
been successfully or
substantially completed
within the last five (05)
years and that are similar to
the proposed contract,
where the value of the
Bidder’s participation under
each contract exceeds US
$ 28.6 million . The
similarity of the Bidder’s
participation shall be based
on the physical size, nature
of works, complexity,
methods, technology, or
other characteristics as
described in Section 6
(Employer’s Requirements).

2.4.2 Experience in Key Activities

2.4.2(a) Must be complied with by the Bidder. In case of a Joint Venture Bidder, at least one
of the partners must meet the requirement in the key activity.
Table A
Submission
Requirement Single Entity Joint Venture
Requirements
For the above or other contracts
executed during the period
stipulated in 2.4.1, a minimum
experience in the following key
activities:
1. Design, Supply, Installation
and Commissioning of 10 Nos.
of 145kV Indoor Gas Insulated
Switchgear bays
and Commissioning of 30 Nos. must meet requirement must meet requirement Form EXP – 2
of 132kV Outdoor Air Insulated
Switchgear bays
Switchgear bays
of 132/33kV 31.5MVA or higher
power rated Power Transformers

2.4.2(b) The Employer accepts any of the following activities to be subcontracted. They
may be complied with by the Bidder or by its proposed specialist subcontractor. However,
per each activity item at least one subcontractor should meet the full requirement of the
activity.
Table B
Submission
Requirement Specialist Subcontractor Requirements
For the above or other
contracts executed during the
period stipulated in 2.4.1, a
minimum experience in the
following key activities:
Switchgear bays
must meet requirement Form EXP – 2
of 132kV Outdoor Air Insulated
Switchgear bays
Switchgear bays
of 132/33kV 31.5MVA or higher
power rated Power
Transformers

2.5 Subcontractors
Subcontractors or Manufacturers for the following major items of plant and services must
meet the following minimum qualification criteria, herein listed for a subcontractor for that
item. Failure to comply with this requirement will result in rejection of the subcontractor but
not the Bidder.
Documents
Item Minimum Criteria
Description of Item Submission
No. to be met
Requirements
1 Manufacturers of main equipment listed in As per Item 1.5 of Form EXP-3
sub clause 6.12 of Item 6 of Part D – Chapter 1 in
Supplementary Information, Section 6 – Section 6;
Employer’s Requirement in volume 7 of 8. Technical
Specification of
Volume 5 of 8.
2 Subcontractors – Civil Five years’
experience in
similar works or
CIDA registration
C3 or above
(Building and
Highway)
3 Subcontractors – Electrical Five years’
experience in
similar works
4 Subcontractors – Mechanical Five years’
experience in
similar works
In the case of a Bidder who offers to supply and install major items of plant under the
contract, which the Bidder did not manufacture or otherwise produce, the Bidder shall
provide the Manufacturer’s authorization, using the form provided in Section 4 (Bidding
Forms), showing that the Bidder has been duly authorized by the Manufacturer or producer
of the related plant and equipment or component to supply and install that item in the
Employer’s country. Failure to submit the Manufacturer’s authorization at the first instance
is considered a minor, nonmaterial omission and shall be subject to clarification. However,
failure of the Bidder to submit the omitted authorization shall lead to rejection of the
Subcontractor or Manufacturer of the item under evaluation in accordance with ITB 35.4.

Volume 1 of 8 - PSRSP - P3 - Complete

Uploaded by

Copyright:

Available Formats

Volume 1 of 8 - PSRSP - P3 - Complete

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Volume 1 of 8 - PSRSP - P3 - Complete

Uploaded by

Copyright:

Available Formats

CEYLON ELECTRICITY BOARD

POWER SYSTEM RELIABILITY STRENGTHENING PROJECT

Issued on: 01st October 2020 Projects Division

PART I BIDDING PROCEDURES

Section 2 - Bid Data Sheet (BDS) --------------------------------------------------------- 2-1

Section 3 - Evaluation and Qualification Criteria (EQC) --------------------------- 3-1

PART I BIDDING PROCEDURES

PART I BIDDING PROCEDURES

Section 5 - Eligible Countries (ELC) ----------------------------------------------------- 5-1

Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6D-1

Section 6 - Employer’s Requirements (ERQ) --------------------------------------- 6D-1

PART III CONDITIONS OF CONTRACT AND CONTRACT

Section 8 - Special Conditions of Contract (SCC) ----------------------------------- 8-1

Section 9 - Contract Forms (COF) --------------------------------------------------------- 9-1

Section 1 - Instructions to Bidders

1. Scope of Bid .................................................................................................................. 3

B. Contents of Bidding Document .................................................................... 7

6. Sections of Bidding Document....................................................................................... 7

C. Preparation of Bids ....................................................................................... 8

9. Cost of Bidding .............................................................................................................. 8

D. Submission and Opening of Bids .............................................................. 15

23. Submission, Sealing, and Marking of Bids ................................................................... 15

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

E. Evaluation and Comparison of Bids .......................................................... 17

28. Confidentiality ..............................................................................................................17

F. Award of Contract ....................................................................................... 22

41. Award Criteria ..............................................................................................................22

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

Section 1 - Instructions to Bidders

1.2 Throughout this Bidding Document,

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

influencing improperly the actions of another party;

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

4. Eligible 4.1 A Bidder may be a natural person, private entity, or government-owned

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

in a conflict of interest with one or more parties in this bidding process if

4.5 Government-owned enterprises in the Borrower’s country shall be eligible

4.7 Bidders shall provide such evidence of their continued eligibility

4.8 Firms shall be excluded if by an act of compliance with a decision of the

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

B. Contents of Bidding Document

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

7.4 The Bidder’s designated representative is invited to attend a pre-bid

7.7 Nonattendance at the pre-bid meeting will not be a cause for

8.3 To give prospective Bidders reasonable time in which to take an

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

15.2 Domestic Bidders, individually or in Joint ventures, applying for eligibility

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

name and nationality of the proposed Subcontractors, including

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

priced under Schedule No. 4, Installation and Other Services.

(e) Recommended spare parts (Schedule No. 6) shall be quoted

18.5 The current edition of Incoterms, published by the International Chamber

Single-Stage: Two-Envelope Procurement of Plant Bidding Document for PSRSP-P3

submitted with a fixed price quotation will be treated as non-responsive

19.2 Bidders may be required by the Employer to justify, to the Employerʼs

Bidding Document for PSRSP-P3 Procurement of Plant Single-Stage: Two-Envelope

any period of extension if requested under ITB 20.2.