Procurement of Works (Large or Complex) e-SBD
Procurement of Works (Large or Complex) e-SBD
Procurement of Works (Large or Complex) e-SBD
Ref: W/EPROC/POWLC1/12-21
Procurement of Works
(Large or Complex)
(for use on the e-Procurement System)
Foreword
ii
The Standard Bidding Documents in this publication follow the Standard Bidding
Documents of the World Bank and have been prepared pursuant to section 7(c) of the Public
Procurement Act 2006 for use by public bodies for procurement of Major or Complex works.
These documents must be used for National Open Advertised Bidding (OAB) and
International Competitive Bidding (ICB). They may be used without or following
prequalification.
The Director
Procurement Policy Office
Ministry of Finance, Economic Planning and Development
Level 8, Emmanuel Anquetil Building, Port Louis, Mauritius
Tel: No. (+230)201-3760 & Fax: No. (+230)201-3758
Email: pposecretariat@govmu.org
iii
Preface
These Standard Bidding Documents for Procurement of Large or Complex Works (SBD
LCW) have been prepared for the procurement of admeasurement (unit price or rate) type of
works. The General Conditions of Contract are as per FIDIC Conditions of Contract for
Construction for Buildings and Engineering Works designed by the Employer – First Edition
1999.
Although the Bidding Document is basically meant for Civil Works of contract amount
above Rs 400m following prequalification, it may also be used for lower value contract
without prequalification where the nature of Civil Works is such that the FIDIC Conditions
of Contract are considered more appropriate.
The document is organized into two (2) main components:
Summary Description
These Standard Bidding Documents for Procurement of Works and its User’s Guide apply
either when a prequalification process has taken place before bidding or when a
prequalification process has not taken place before bidding (provided alternative documents
should be selected as applicable). A brief description of these documents is given below.
The Guide to the Bidding Documents contains detailed explanations and recommendations
on how to prepare a bidding document for a specific procurement of Works and related
services. The Guide has been posted on the official website of PPO: ppo.govmu.org. The
Guide is not a part of the Bidding Documents.
BIDDING DOCUMENTS
Issued on: ____________________
for
Procurement of
[insert identification of the Works]
____________________________
_______________________________
Table of Contents
Table of Clauses
A. General 7
1. Scope of Bid 7
2. Source of Funds 7
3. Public Entities Related to Bidding Documents & Challenge & Appeal 7
4. Fraud and Corruption 8
5. Eligible Bidders 10
6. Eligible Materials, Equipment, and Services 13
C. Preparation of Bids 16
10. Cost of Bidding 16
11. Language of Bid 16
12. Documents Comprising the Bid 16
13. Bid Submission Form and Schedules 17
14. Alternative Bids 17
15. Bid Prices and Discounts 18
16. Currencies of Bid and Payment 19
17. Documents Comprising the Technical Proposal 19
18. Documents Establishing the Qualifications of the Bidder 19
19. Period of Validity of Bids 20
20. Bid Security 20
21. Format and Signing of Bid 22
F. Award of Contract 29
39. Award Criteria 29
40. Notification of Award 29
41. Signing of Contract 30
42. Performance Security 30
43. Debriefing 31
6 Section I. Instructions to Bidders
3.2 Sections 43, 44 and 45 of the Act provide for Challenge and
Review mechanism. Unsatisfied bidders shall follow
procedures prescribed in Regulations 48, 49 and 50 of the
Public Procurement Regulations 2008 to challenge
procurement proceedings and award of procurement
contracts or to file application for review at the Independent
Section I. Instructions to Bidders 7
1
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-
consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement
process or contract execution for undue advantage is improper.
2
“Another party” refers to a public official acting in relation to the procurement process or contract execution.
In this context, “public official” includes Employer’s staff and employees of other organizations taking or
reviewing procurement decisions.
3
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
4
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
5
“Party” refers to a participant in the procurement process or contract execution.
8 Section I. Instructions to Bidders
5.3 A Bidder, and all partners constituting the Bidder, may have
the nationality of any country except in the case of open
national bidding where the bidding documents may limit
participation to citizens of Mauritius or entities incorporated
in Mauritius, if so qualified in the BDS. A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered and
operates in conformity with the provisions of the laws of that
country. This criterion shall also apply to the determination
of the nationality of proposed subcontractors or suppliers for
any part of the Contract including related Services.
5.4 A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest with
one or more parties in this bidding process, if :
(a) they have at least one controlling partner in common; or
(b) they receive or have received any direct or indirect
subsidy from any of them; or
(c) they have the same legal representative for purposes of
this bid; or
(d) they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or influence
on the bid of another Bidder, or influence the decisions
of the Employer regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid
will result in the disqualification of all Bids in which
such Bidder is involved. However, this does not limit
the inclusion of the same subcontractor in more than one
bid; or
(f) a Bidder participated as a consultant in the preparation of
the design or technical specifications of the works that
are the subject of the bid;
(g) a Bidder or any of its affiliates has been hired (or is
proposed to be hired) by the Employer as Engineer for
the Contract implementation.
5.5 (a) A firm that has been sanctioned by the Government of
the Republic of Mauritus in accordance with the above ITB
4.1 (c) shall be ineligible to be awarded a public contract, or
Section I. Instructions to Bidders 11
7.2 The Invitation for Bids and the guidelines for Bidders issued
by the Employer are not part of the Bidding Document.
disqualification of a Bidder.
9. Amendment of 9.1 At any time prior to the deadline for submission of bids(bid
Bidding Documents preparation and hash submission deadline), the Employer
may amend the Bidding Documents by issuing addenda.
9.2 Any addendum issued shall be part of the Bidding
Documents and shall be communicated online to all who
have obtained the Bidding Document from the Employer in
accordance with ITB 7.3.
9.3 To give prospective Bidders reasonable time in which to
take an addendum into account in preparing their bids, the
Employer should extend the deadline for the submission of
bids (bid preparation and hash submission), pursuant to ITB
23.2.
C. Preparation of Bids
10. Cost of Bidding 10.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer
shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the bidding process.
11. Language of 11.1 The Bid, as well as all correspondence and documents
Bid relating to the bid exchanged by the Bidder and the
Employer, shall be written in English. Supporting
documents and printed literature that are part of the Bid may
be in another language provided they are accompanied by an
accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
11.2 Notwithstanding the above, documents in French submitted
with the bid may be accepted without translation.
12. Documents 12.1 The Bid shall be submitted online through the e-
Comprising the Bid Prpcurement system and shall comprise the following:
(a) Bid Submission Form and Appendix to Bid
(b) Online completed schedules as required, including
priced Bill of Quantities, in accordance with ITB 13
and 15 or as stipulated in the BDS;
(c) A scanned copy of the original Bid online or Bid
Section I. Instructions to Bidders 15
14. Alternative Bids 14.1 Unless otherwise indicated in the BDS, alternative bids
shall not be considered.
15. Bid Prices and 15.1 The prices and discounts quoted by the Bidder in the Bid
Discounts Submission Form and in the Bill of Quantities shall conform
to the requirements specified below.
15.2 The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against
which no rate or price is entered by the Bidder will not be
paid for by the Public body when executed and shall be
deemed covered by the rates for other items and prices in the
Bill of Quantities.
15.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Bid Submission
Template, in accordance with ITB 13.1.
15.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28
days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price
submitted by the Bidder.
15.8 The bidder shall submit his bid price exclusive of VAT.
16. Currencies of 16.1 The currency(ies) of the bid and the currency(ies) of
Bid and Payment payments shall be as specified in the BDS.
16.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the the Schedule of
Adjustment Data in the Appendix to Bid are reasonable, in
which case a detailed breakdown of the foreign currency
requirements shall be provided by Bidders.
17. Documents 17.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule
Technical Proposal and any other information as stipulated in Section IV, in
sufficient detail to demonstrate the adequacy of the Bidders’
proposal to meet the work requirements and the completion
time and as otherwise stated in the BDS.
18. Documents 18.1 In accordance with Section III, Evaluation and Qualification
Establishing the Criteria, to establish that the Bidder continues to meet the
Qualifications of criteria used at the time of prequalification, the Bidder shall
the Bidder provide in the corresponding information sheets included in
Section IV, Response Templatews, updated information on
any assessed aspect that changed from that time, or if post-
qualification applies as indicated in accordance with ITB
5.8, the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV,
Response Templates.
18.2 If a margin of preference applies as indicated in accordance
with ITB 34.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference
shall supply all information required to satisfy the criteria
for eligibility indicated in accordance with ITB 34.1.
18 Section I. Instructions to Bidders
19. Period of 19.1 Bids shall remain valid for the period specified in the BDS
Validity of Bids after the bid submission (bid preparation and hash
submission) deadline date prescribed by the Employer in
accordance with ITB 23.1. A bid valid for a shorter period
shall be rejected by the Employer as non responsive.
19.2 In exceptional circumstances, prior to the expiration of the
bid validity period, the Employer may request Bidders to
extend the period of validity of their bids. The request and
the responses shall be made online. If a bid security is
requested in accordance with ITB 20, it shall also be
extended for thirty (30) days beyond the deadline of the
extended validity period. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the
request shall not be required or permitted to modify its bid,
except as provided in ITB 19.3.
19.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial bid validity, the
Contract price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the bid price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, to determine
the Contract price, the fixed portion of the bid price
shall be adjusted by the factor specified in the BDS.
(c) In any case, bid evaluation shall be based on the bid
price without taking into consideration the applicable
correction from those indicated above.
20. Bid Security 20.1 The Bidder shall furnish as part of its bid, either a Bid-
Securing Declaration or a scanned copy of the original bid
security as specified in the BDS and, in the case of a bid
security, in the amount and currency specified in the BDS.
20.2 In case a Bid Securing Declaration is used it shall be in the
form of a subscription in the Bid Submission Form as an
undertaking on the part of the Bidder to fulfill its obligation
in the same manner as applicable to the Bid Security.
20.3 If a bid security is specified as per ITB 20.1 it shall be in the
form of an unconditional bank/insurance guarantee issued by
a reputable overseas bank from an eligible country or any
commercial bank/insurance company operating in Mauritius.
The bid security shall be submitted using the Bid Security
Form included in Section IV, Response Templates. The bid
Section I. Instructions to Bidders 19
Document.
30. Determination 30.1 The Employer’s determination of a bid’s responsiveness is
of Responsiveness to be based on the contents of the bid itself, as defined in
ITB12.
30.2 A substantially responsive bid is one that meets the
requirements of the Bidding Document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive bids.
30.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 17, Technical Proposal, in
particular, to confirm that all requirements of Section V,
Works Requirements have been met without any material
deviation, reservation or omission.
30.4 If a bid is not substantially responsive to the requirements of
the Bidding Document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the bid that do not
constitute a material deviation, reservation or omission.
31.2 Provided that a bid is substantially responsive, the Employer
may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the bid
related to documentation requirements. Requesting
information or documentation on such nonconformities shall
not be related to any aspect of the price of the bid. Failure
of the Bidder to comply with the request may result in the
rejection of its bid.
Section I. Instructions to Bidders 25
following:
38. Employer’s 38.1 The Employer reserves the right to accept or reject any bid,
Right to Accept and to annul the bidding process and reject all bids at any
Any Bid, and to time prior to contract award, without thereby incurring any
Reject Any or All liability to Bidders. In case of annulment, all bids submitted
Bids and specifically, bid securities, shall be promptly returned to
the Bidders.
F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder whose offer has been determined to be the
lowest evaluated bid and is substantially responsive to the
Bidding Document, provided further that the Bidder is
determined to be qualified to perform the Contract
satisfactorily.
40. Notification of 40.1 Prior to the expiration of the period of bid validity, the Employer
Award shall, for contract amount above the prescribed threshold, notify
the selected bidder of the proposed award and accordingly notify
unsuccessful bidders. Subject to Challenge and Appeal the
Employer shall notify the selected Bidder, in writing, by a Letter
of Acceptance for award of contract. The Letter of Acceptance
shall specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
28 Section I. Instructions to Bidders
41. Signing of 41.1 Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.
42. Performance 42.1 Within twenty-eight (28) days of the receipt of notification
Security of award from the Employer, the successful Bidder shall
furnish the Performance Security in accordance with the
General Conditions of Contract, subject to ITB 35.5, using
for that purpose the Performance Security as per the format
contained in Section VIII, Annex to the Particular
Conditions - Contract Forms. The Performance Security
shall be in the form of a Bank/Insurance Guarantee issued
through a commercial bank/insurance company operating in
Mauritius.
42.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the bid security. In that event the Employer
may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by
the Employer to be qualified to perform the Contract
satisfactorily.
43. Debriefing 43.1 The Employer shall promptly attend to all requests for
debriefing for the contract, made in writing, and within 30
days from the date of the publication of the award or date
the unsuccessful bidders are informed about the award,
whichever is the case, by following regulation 9 of the
Public Procurement Regulations 2008 as amended.
Section II. Bid Data Sheet 31
C. Preparation of Bids
ITB 12.1 (h) The Bidder shall submit with its bid the following additional documents:
[insert type of any additional documents not already listed in ITB 12.1
that must be submitted with the Bid].
ITB 14.1 Alternative bids [insert “shall be” or “shall not be”] permitted.
ITB 14.2 Alternative times for completion [insert “shall be” or “shall not be”]
permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III, Evaluation and Qualification Criteria.
ITB 14.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [insert parts of the Works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III, Evaluation and Qualification Criteria.
ITB 15.4 The prices quoted by the bidder shall be: [insert “shall be” or “shall not
be”]
ITB 16.1 The currency(ies) of the bid and the payment currency(ies) shall be in
accordance with Alternative _________ as described below:
Currency of bid shall be in Mauritian Rupees for payment currencies to be
in any of the following:
(b) The rates of exchange to be used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above
shall be specified by the Bidder in the Appendix to Bid - Table C, and
shall apply for all payments under the Contract so that no exchange
Section II. Bid Data Sheet 33
[Alternative A and B relieves the public body from arranging for foreign
currencies which could at time become a cause for delay in payment].
ITB 17.1 (Refer to user’s guide)
ITB 19.1 The bid validity period shall be [insert the number of days deemed
appropriate.] days.
ITB 19.3 (a) The bid price shall be adjusted by the following factor:________
ITB 19.3 (b) The fixed portion of the bid price shall be adjusted by the following factor:
_________
ITB 20.1 (The choice between Bid Security and Bid Securing Declaration shall be in compliance
with the directives issued by the PPO taking into consideration the type of project, the
estimated contract price and the effectiveness of the type of security) .
ITB 21.2 [Public Body to insert text (a) in case the works contract is estimated for an amount less
than Rs.100M or text (b) in case the amount is estimated to be above Rs.100M]
Note: The Power of Attorney or other written authorization to sign may be for a
determined period or limited to a specific purpose.
[Public body shall customize this part as appropriate or delete this part if
not applicable:
(a)………………………………………..…
(b)………………………………………….
(c)……………………………………………. ]
ITB 23.1 [Public bodies shall customize this clause accordingly]
Bidders shall complete their bid preparation and hash submission on line
before the start Date and Time for Bid closing,
Bid Closing:
Start Date and Time (Mauritian): [insert day, month, year and time i.e. 15
June, 2001 13 00 hr]
End Date and Time (Mauritian): insert day, month, year and time i.e. 15
June, 2001 13 30 hr]
Section II. Bid Data Sheet 35
[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where so allowed by the Employer, Bidders shall forward their Bid
Security and/or other materials
Employer’s address for submission of Bid security/documents etc..
and/or samples only [if allowed as per ITB 24,1 (a), otherwise delete this
part] by same deadline as above:
Attention: [insert full name of person, if applicable, or insert name of the
Officer]
Address: [insert street name and number]
Floor-Room number: [insert floor and room number, if applicable]
____________________________________________________________
ITB 26.1 Bid Opening
Online Bid Opening
Start Date and Time (Mauritian): [insert day, month, year and time i.e. 17
June, 2001 16 00 hr]
End Date and Time (Mauritian): [ insert day, month, year and time i.e. 17
June, 2001 17 00 hr]
[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where Bid Security and/or Documents have been allowed to be submitted
manually, these will be opened concurrently at:
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
Country: [insert name of country]
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by
the authority specified and on the date stipulated above.
OR
Alternative C: For payment in local and foreign currencies
For comparison of bids, the Bid Price, corrected pursuant to Clause 32,
shall first be broken down into the respective amounts in various currencies
by using the exchange rates specified by the bidder in accordance with Sub-
Clause 16.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price, corrected pursuant to Clause 32, is
payable (excluding Provisional Sums but including Daywork where priced
competitively) to the single currency identified above at the selling rates
established for similar transactions by the authority specified and on the
date stipulated above.
1. Evaluation
In addition to the criteria listed in ITB 35.2 (a) – (e) the following criteria shall apply:
2. Qualification
The Bidder shall continue to meet the criteria used at the time of
prequalification.
Using the relevant Forms No … and No… in Section IV, Bidding Forms, the
Bidder must demonstrate access to, or availability of, financial resources such
as liquid assets, unencumbered real assets, lines of credit, and other financial
means, other than any contractual advance payments to meet:
and
(ii) the overall cash flow requirements for this contract and its current Works
commitment.
2.3 Personnel
The Bidder must demonstrate that it has the personnel for the key positions
that meet the following requirements:
In Similar
Total Work
Works
No. Position Experience
Experience
(years)
(years)
1
2
3
4
5
The Bidder must demonstrate/undertake that it will have the additional personnel for
the positions that meet the following requirements:
Total Work In Similar Works
No. Position Experience Experience
(years) (years)
1
2
3
4
5
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Information Forms included in Section IV, Bidding Forms.
2.4 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1
2
40 Section III. Evaluation and Qualification Criteria (Following Prequalification)
3
4
5
The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV, Bidding Forms.
Section II. Bid Data Sheet 41
1. Evaluation
In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria shall
apply:
1. Qualification
Pursuant to ITB 5.1, Bids will be considered form Contractors who are duly
registered with the CIDB under the grade and specialization that cover adequately
the size and type of works related to the project.
In case the works requires certain specialization not covered adequately under the
registration of CIDB, those field of specialization shall be defined by the public
body in section 2. 4.2 (a) and Specific Experience in key activities in section 2. 4.2
(b) which the contractor has to meet as qualification.
Section III. Evaluation and Qualification Criteria (Without Prequalification) 43
.
Factor 2.1 ELIGIBILITY
Criteria
Bidder
Sub-Factor Documentation
Requirement Single Entity Joint Venture or Association Required
All partners Each At least one
combined partner partner
2.1.1 Nationality Nationality in Must meet Existing or Must meet N/A Form ELI–1
accordance with ITB requirement intended requirement and 2, with
5.3. JVA must attachments
meet
requirement
2.1.2 Conflict of No- conflicts of Must meet Existing or Must meet N/A Bid Submission
Interest interests as described in requirement intended requirement Form
ITB 5.4. JVA must
meet
requirement
2.1.3 Government Compliance with Form ELI–1 and
Must meet Must meet Must meet
Owned Entity conditions of ITB 5.6 N/A 2, with
requirement requirement requirement
attachments
2.1.4 Ineligibility Not having been Bid Submission
based on a United excluded as a result of the Form
Nations resolu- Mauritian laws or
Existing JVA
tion or Mauritian official regulations, or by Must meet Must meet
must meet N/A
law an act of compliance with requirement requirement
requirement
UN Security Council
resolution, in accordance
with ITB 5.8
1-44 Section III – Evaluation and Qualification Criteria
Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Sub-Factor Documentation
Joint Venture or Association Required
Requirement Single All Each At least one
Entity partners partner partner
combined
2.2.1 History of Non-performance of a Form CON - 2
non-perform- contract did not occur within
ing contracts the last __________ (_) Must meet N/A
requirement Must meet
years prior to the deadline
by itself or as requirement N/A
for application submission,
partner to by itself or
based on all information on
past or as partner to
fully settled disputes or
existing JVA past or
litigation. A fully settled
existing JVA
dispute or litigation is one
that has been resolved in
accordance with the Dispute
Resolution Mechanism
under the respective
contract, and where all
appeal instances available to
the bidder have been
exhausted.
Section III. Evaluation and Qualification Criteria (Following Prequalification) 45
Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Sub-Factor Documentation
Joint Venture or Association Required
Requirement Single All Each At least one
Entity partners partner partner
combined
2.2.2 Pending Liti- All pending litigation against Form CON – 2
gation the bidder shall in total not Must meet Must meet
represent more than requirement requirement
______________ percent by itself or as by itself or as
N/A N/A
(_____%) of the Bidder’s partner to partner to
net worth and shall be past or past or
treated as resolved against existing JVA existing JVA
the Bidder.
1-46 Section III – Evaluation and Qualification Criteria
6
(a) Local bidders who are not required to file Audited Accounts should submit copies of Financial Statements filed at the Registrar of Companies prior to
deadline set for the submission of bids.
Section III. Evaluation and Qualification Criteria (Following Prequalification) 47
Grade:
The contractor should be duly
registered with the CIDB under
the grade that would allow him
to perform the value of works
for which he is submitting his
bid
2.4.2 (a) Specific Participation as contractor, Must meet Must meet N/A Must meet Form EXP 2(a)
Experience management contractor, or requirement requirements requirement for
subcontractor, in at least for all one
_________ (___) contracts characteristics characteristic
within the last ________( )
years , each with a value of at
least ____________ (___), that
have been successfully and
substantially completed and that
are similar to the proposed
Works. The similarity shall be
based on the physical size,
complexity,
1-50 Section III – Evaluation and Qualification Criteria
2.5 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet
the following requirements:
The Bidder must demonstrate/undertake that it will have the additional personnel for
the positions that meet the following requirements:
Total Work In Similar Works
No. Position Experience Experience
(years) (years)
1
2
3
4
5
The Bidder shall provide details of the proposed personnel and their experience
records using Forms PER-1 and PER-2 included in Section IV, Bidding Forms.
2.6 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5
1-52 Section III – Evaluation and Qualification Criteria
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
53
Table of Forms
1. Bid Submission Form 57
2. Appendix to Bid 57
Table A. Local Currency 57
Table B. Foreign Currency (FC) 58
Table C. Summary of Payment Currencies 59
Technical Proposal 74
Form EQU: Equipment 75
Personnel 75
Form PER-1: Proposed Personnel 75
Form PER-2: Resume of Proposed Personnel 75
In case the public body has requested a Bid Security in the Bid Data Sheet, Bidders will be
required to upload the scanned copy of their original Bid Security as a response template and
to forward the original as a document to reach the public body before the deadline for the
submission of bids.
2. Appendix to Bid
[In Tables A, B, and C, below, the Bidder shall (a) indicate its amount of local currency
payment, (b) indicate its proposed source and base values of indices for the different foreign
currency elements of cost, (c) derive its proposed weightings for local and foreign currency
payment, and (d) list the exchange rates used in the currency conversion. In the case of very
large and/or complex works contracts, it may be necessary to specify several families of price
adjustment formulae corresponding to the different works involved.]
B:
C:
D:
E:
Total 1.00
A B C D
Name of Amount of Rate of Local currency Percentage of
payment currency exchange equivalent Net Bid Price
currency (local currency C=AxB (NBP)
per unit of 100xC
foreign) NBP
Local currency 1.00
Foreign
currency #1
Foreign
currency #2
Foreign
currency #
Provisional
sums expressed [To be [To be entered
in local entered by by the
currency the Employer]
Employer]
BID PRICE
58 Section IV – Bidding Forms
Table: Alternative B
To be used only with Alternative B Prices directly quoted in the currencies of payment.
(Clause ITB 16.1)
Summary of currencies of the bid for ___________ [insert name of Section of the Works]
1. Online submission of Bill of Quantities Bidders shall fill in the response templates
provided for the Bill of Quantitiesas prepared by the public body in the system.
The samples provided herein may assist public bodies in understanding the format of these
templates and also to create templates in Excel which public bodies may use for importing
data in the response templates when filling in the Bill of Quantities.
Bidders may for their convenience download a set of the BOQs in Excel format which is
available in the system as a separate attachment to the Bidding document. However, they will
have to insert the prices against each item manually in the system.
to quote and be paid in fixed Mauritian Rupees or with adjustment to changes in rate of
exchange for certain goods items to be incorporated in the works.
Public bodies may also choose to allow bidders to quote simultaneously for the base offer
and for alternative(s) for anyone or more parts of the works. Likewise, templates for separate
summary of bids are provided where public bodies choose to allow submission of alternative
bids.
2.2 Template models
Public bodies shall choose and customize the templates that would be appropriate for bidders
to respond to the invitation of bids as defined in the Bid Data Sheet and the Technical
Requirements. The list and models of templates are shown hereunder for ease of reference to
public bodies and bidders.
3. Bill of Quantities
3.1- Objectives
The objectives of the Bill of Quantities are:
(a) to provide sufficient information on the quantities of Works to be performed to
enable bids to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for
use in the periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works of
the same nature carried out in different locations or in other circumstances which may give
rise to different considerations of cost. Consistent with these requirements, the layout and
contents of the Bill of Quantities should be as simple and brief as possible.
3.2- Dayworks Schedule
A Dayworks Schedule should be included only if the probability of unforeseen work, outside
the items included in the Bill of Quantities, is high. To facilitate checking by the Public
Body of the realism of rates quoted by the bidders, the Dayworks Schedule should normally
comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which
basic day work rates or prices are to be inserted by the Bidder, together with a
statement of the conditions under which the Contractor shall be paid for work
executed on a day work basis.
(b) Nominal quantities for each item of day work, to be priced by each Bidder at day
work rates as Bid. The rate to be entered by the Bidder against each basic day
work item should include the Contractor’s profit, overheads, supervision, and
other charges.
3.3- Provisional Sums
60 Section IV – Bidding Forms
A general provision for physical contingencies (quantity overruns) may be made by including
a provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for
possible price increases should be provided as a provisional sum in the Summary priced Bill
of Quantities. The inclusion of such provisional sums often facilitates budgetary approval by
avoiding the need to request periodic supplementary approvals as the future need arises.
Where such provisional sums or contingency allowances are used, the Particular Conditions
of Contract should state the manner in which they shall be used, and under whose authority
(usually the Employer’s Representative).
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors (refer to GCC Clause 8) should be indicated in the relevant part of the
Bill of Quantities as a particular provisional sum with an appropriate brief description. A
separate procurement procedure is normally carried out by the Public Body to select such
specialized contractors. To provide an element of competition among the bidders in respect
of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional
sum should be followed by an item in the Bill of Quantities inviting the Bidder to quote a
sum for such amenities, facilities, attendance, etc.
These Notes for Preparing a Bill of Quantities and sample templates for online bidding
hereunder are intended only as information for the Public Body or the person drafting the
Bidding Documents. They should not be included in the final Documents.
61
2. Bill of Quantity for offer and payment in fixed Mauritian Rupees – Alternative
62 Section IV – Bidding Forms
3. Bill of Quantity in Mauritian Rupees with Payment partly adjustable to rate of exchange of foreign currencies
Offer Offer
Item Code / Rate(In Amount(In
Item MUR) MUR) Adjustable
Reference (Excluding (Excluding / Payment Exchange
Sr. No. Number Description Unit Quantity VAT) VAT) Currency Rate
Auto
Calculate
Public (Offer Rate x
Body Public Body Public Body Public Body Public Body Supplier Quantity) Supplier Supplier
1
2
3
4
5
Section IV- Bidding Forms 63
4. Bill of Quantity in Mauritian Rupees with Payment partly adjustable to rate of exchange of foreign currencies - Alter-
native
Offer Offer
Item Code / Rate(In Amount(In
Item MUR) MUR) Adjustable
Reference (Excluding (Excluding / Payment Exchange
Sr. No. Number Description Unit Quantity VAT) VAT) Currency Rate
Auto
Calculate
Public (Offer Rate x
Body Public Body Public Body Public Body Public Body Supplier Quantity) Supplier Supplier
1
2
3
4
5
64
65
—etc.—
66 Section IV – Bidding Forms
D122 Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance
with paragraph 3 (b) above.
Section IV- Bidding Forms 69
D122 Allow percenta of Subtotal for Contractor’s overhead, profit, etc., in accordance
with paragraph 3 (b) above.
70 Section IV – Bidding Forms
Technical Proposal
- Site Organization
- Bidders shall prepare their proposed Site Organization and upload same in the system
- Method Statement
Bidders shall prepare their proposed Method Statement and upload same in the
system
- Mobilization Schedule
Bidders shall prepare their proposed Mobilization Schedule and upload same in the
system
- Construction Schedule
Bidders shall prepare their proposed Construction Schedule and upload same in the
system
- Others
- Bidders shall prepare and upload any other data in addition to the above if so
requested by the Employer
72 Section IV – Bidding Forms
Personnel
[The following table shall be filled in for the Bidder and for each partner of a Joint
Venture]
Key Profitability Indicators in the currency reported in Previous Last year Current
the Audited Accounts/Financial Statements years year
Turnover
Profit /(Loss )Before Tax
Taxation
Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year
Certified by Bidder that information are true extract from Audited Accounts/Financial
Statements
Name:
Signature:
Capacity:
Date:
Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies
Historic financial statements must be complete, including all notes to the financial
statements
Bidders shall provide these data in the response template already provided in the e-
procurement system.
Specify proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet
the total construction cash flow demands of the subject contract or contracts as indicated
in Section III (Evaluation and Qualification Criteria)
78 Section IV – Bidding Forms
Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.
Bidders and each partner to a JVA should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
2.
3.
4.
5.
etc.
Section IV- Bidding Forms 79
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information re-
quested in the corresponding Information Sheets included hereunder.
80 Section IV – Bidding Forms
Key Profitability Indicators in the currency reported in Previous Last year Current
the Audited Accounts/Financial Statements years year
Turnover
Profit /(Loss )Before Tax
Taxation
Financial data in the currency reported in the Audited Historical Information Remarks
Accounts/Financial Statements By BEC
Previous Last year Current
years year
Certified by Bidder that information are true extract from Audited Accounts/Financial
Statements
Name:
Signature:
Capacity:
Date:
Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies
Historic financial statements must be complete, including all notes to the financial
statements
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines
of credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Section III
(Evaluation and Qualification Criteria)
Section IV- Bidding Forms 85
Bidders and each partner to a JV should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
5
86 Section IV – Bidding Forms
Bidders shall prepare their response as per the format hereunder with attachments, where
applicable, and load these data in the response template specifically provided for this item.
Contract No . . . . . .
Contract Identification
of . . . . . .
Description of the key activities in accordance with Criteria 2.4.2(b) of Section III
88 Section IV – Bidding Forms
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
security.
Consequently, any demand for payment under this guarantee must be received by us at the office on
or before ..............Public Body to insert date...............................
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
(Applicable to overseas bidders only).
Contents
Scope of Works 93
Specification 94
Drawings 95
Supplementary Information 96
Section V. Works Requirements 90
Scope of Works
Section V. Works Requirements 91
Specification
92 Section V. Works Requirements
Drawings
Section V. Works Requirements 93
Supplementary Information
95
PART 3 – CONDITIONS OF
CONTRACT AND CONTRACT FORMS
3-96
The General Conditions shall be as per FIDIC Conditions of Contract for Construction for
Buildings and Engineering works designed by the Employer - First Edition 1999. It shall also
include the Appendix in respect of General Conditions of Dispute Adjudication Agreement.
Public Bodies using this document shall be guided by the FIDIC document for the
Preparation of the Particular Conditions. The onus is on the procuring entity to fill in the
Contract Data Form and to prepare its specific provisions that together with the General
Conditions serve its specific requirements.
Definition:
(a) The word “Tender” in the FIDIC document shall mean “Bid” and vice versa for
consistency with the other parts of this bidding document.
(b) “Appendix to Tender” in the FIDIC document shall refer to the Contract Data in Section
VII and vice versa.
Section VII. Particular Conditions (PC)
The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
Part A - Contract Data
(f) The amount for the preference security shall be the dif-
ference between the price quoted by the selected bidder
and that of the lowest evaluated bid which would have
been selected for award of contract if the said Margin of
Preference was not applicable.
Sub-clause 4.2(iii)
(g) The preference security shall be valid until the Contrac-
tor has completed the Works and a Performance Certifi-
cate Certificate has been issued by the Employer’s Rep-
resentative as per sub-clause 11.9.
Table of Forms
Notification of Award
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
[date]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
of the equivalent of [amount in numbers and words] [name of currency]exclusive of VAT, as
corrected and modified in accordance with the Instructions to Bidders, is hereby accepted by
our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section VIII, Annex to the Particular Conditions - Contract Forms, of the Bidding
Document
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Contract Agreement
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
indicated above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
Section VIII. Annex to the Particular Conditions - Contract Forms 109
Performance Security
(Demand Guarantee)
Date...
Signature(s).............................................................
110 Section VIII. Annex to the Particular Conditions - Contract Forms
AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank/Insurance Guarantee by a local commercial
bank/insurance company for the sum specified therein as security for compliance with his
obligation stated in Sub-Clause 49.2 of the Conditions of Contract;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you, on behalf of the Contractor, up to a total of _______________________ [amount of
Guarantee]7, we undertake to pay you, upon your first written demand and without your
having to substantiate such demand any sum within the limit of
_________________________ [amount of Guarantee].1
We hereby waive the necessity of demanding the said debt from the Contractor before
presenting us with the demand.
Date _______________________________________
Demand Guarantee
Date: ________________
We have been informed that ________________ [name of Contractor] (hereinafter called “the
Contractor”) has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, for the execution of _____________________ [name of
contract and brief description of Works] (hereinafter called "the Contract").
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
___________ at _________________ [name and address of Bank/Insurance Company].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that eighty (80)
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
112 Section VIII. Annex to the Particular Conditions - Contract Forms
percent of the Contract Price has been certified for payment, or on the ___ day of _____,
2___,2 whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date..
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.”
Section VIII. Annex to the Particular Conditions - Contract Forms 113
Demand Guarantee
Date: ________________
We have been informed that ________________ [name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, for the execution of _____________________ [name of
contract and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, when the
Taking-Over Certificate has been issued for the Works and the first half of the Retention
Money has been certified for payment, payment of [insert the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-
Over Certificate is issued is less than half of the Retention Money, the difference between
half of the Retention Money and the amount guaranteed under the Performance Security ] is
to be made against a Retention Money guarantee.
It is a condition for any claim and payment under this guarantee to be made that the payment
of the second half of the Retention Money referred to above must have been received by the
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
or or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the
second half of the Retention Money as specified in the Contract, or in a freely convertible currency
acceptable to the Employer.
114 Section VIII. Annex to the Particular Conditions - Contract Forms
This guarantee shall expire, at the latest, 21 days after the date when the Employer has
received a copy of the Performance Certificate issued by the Engineer. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section VIII- Contract Forms User’s Guide 115