Request for Bids Small Works (One-Envelope Bidding Process, Market Approach: Open National) Volume I (Part I- Bidding Procedure and Part- [II Condition of Contracts and Contract Forms) Procurement of contractor Rural water supply system Construction (Civil work, Pipe laying, EM supply and installation, water point construction in 7 Woreda for 7 sites in Dire, Arero, Teltele, Dillo, Moyale and Yabello,MiyoWoredas of Oromia Region in three lots by MoWE Lot I: Dida Yabelo , Golole and Kawa WS projects in Yabelo , Teltele and Arero Woredas Lot I: Ramso and Goray WS projects in Miyo and Moyale Woredas Lot III: Meti and Erdar WS project in Miyo and Moyale Woredas RFB No: ET-MOWE-402225-CW-RFB Project: Ethiopia HoA GW for Resilience Project Employer: Ministry of Water and Energy Country: Federal Democratic Republic of Ethiopia Issued on: January 2023Standard Procurement Document Table of Contents PART 1 - Bidding Procedures.. Section I - Instructions to Bidders... Section II - Bid Data Sheet (BDS). 5 Section IIl- Evaluation and Qualification Criteria. Section IV - Bidding Forms Section V - Eligible Countries... Section VI - Fraud and Corruption PART 2 - Works? Requirements.. PART 3— Conditions of Contract and Contract Forms 109 Section VIII - General Conditions of Contract 110 Seotion IX - Particular Conditions of Contract... 153 Section X - Contract Forms... 157Part | ~ Bidding Procedures PART 1 - Bidding ProceduresSection I- Instructions to Bidders (ITB) 5 Section I - Instructions to Bidders Contents Pp General. Scope of Bid Source of Funds... Fraud and Corruption... Fligible Bidders . Eligible Materials, Equipment and Services. yeepe e Contents of Bidding Documen 6. Sections of Bidding Document... 7. Clarification of Bidding Documen 8 Amendment of Bidding Document... C. Preparation of Bids. 9. Cost of Bidding. 10, Language of Bid... 11, Documents Comprising the Bid 12. Letter of Bid and Schedules. 13. Alternative Bids 14, Bid Prices and Discounts... 15, Currencies of Bid and Payment 16. Documents Comprising the Technical Proposal 17. Documents Establishing the Eli 18, Period of Validity of Bids. 19. Bid Security 20. Format and Signing of Bid. D. Submission and Opening of Bids 21. Sealing and Marking of Bids . 22. Deadline for Submission of Bid: 23. Late Bids a 24, Withdrawal, Substitution, and Modification of Bids.. 25. Bid Opening. ae cee E. Evaluation and Comparison of Bid 26. Confidentiality .. 27. Clarification of BidsSection I- Instructions to Bidders (ITB) 28. 29, 30. 31 32. 33. 34. 35, 36. 37. 38. 39. 40. 4l. 42. 4B Fr. 44, 45, 46. 47. 48, 49. 50. Deviations, Reservations, and Omission: Determination of Responsiveness. Nonmaterial Nonconformities...... Correction of Arithmetical Errors. Deleted Deleted Subcontractors... Evaluation of Bids. Comparison of Bids..... Abnormally Low Bid8....-..--« Unbalanced or Front Loaded Bids.. Qualification of the Bidder... Most Advantageous Bid. Employer's Right to Accept Any Bid, and to Reject Any or All Bids Standstill Period... . : Notification of Intention to Award . Award of Contract. Award Criteria Notification of Award... Debriefing by the Employer. Signing of Contract.. Performance Secutity..... Adjudicator ...... : Procurement Related Complaint... Regarding para 32 and 33, t may need to keep this provision for those bidders who can offer their bid in EC and be paid in ETB. What about the cases where th works contract comprises the supply of good as key part of the contract? 2S 23 24. 25 Error! Bookmark not defined. .Error! Bookmark not defined. 28 25Section I - Instructions to Bidders (ITB) 1 Section I - Instructions to Bidders 1. Scope of Bid Ll 12 A. General In connection with the Specific Procurement Notice - Request for Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS, issues this bidding document for the provision of Works as specified in Section VII, Works” Requirements. The name, identification and number of lots (contracts) of this RFB are specified in the BDS. Throughout this bidding document: (a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, and fax, including if specified in the BDS, distributed or received through the clectronic- procurement system used by the Employer) with proof of receipt; (b) if the context so requires, “singular” means “plural” and vice versa; (©) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower's official public holidays; (@ “ES” means environmental and social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH)); () “Sexual Exploitation and Abuse” “(SEA)” means the following: “Sexual Exploitation” is defined as any actual or attempted abuse of position of vulnerability, differential power ot trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another; “Sexual Abuse” is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’ Personnel; is as defined in Sub- Clause 1 (ii) (g) “Contractor’s Personnel C4Section I - Instructions to Bidders (ITB) 8 2, Source of Funds 3. Fraud and Corruption 4. Eligible Bidders 24 32 41 of the General Conditions of Contract; and (h) “Employer's personnel” is as defined in GCC Sub-Clause 1 (nn) of the General Conditions of Contract. ‘A non-exhaustive list of (i) behaviors which constitute SEA and (ii) behaviors which constitute SH is attached to the Code of Conduct form in Section IV. The Borrower or Recipient (hereinafter called “Borrower”) specified in the BDS has received or has applied for financing (hereinafter called “funds”) from the Intemational Bank for Reconstruction and Development or the International Development ‘Association (hereinafter called “the Bank”) in an amount specified in the BDS, toward 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. Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the Loan (or other financing) Agreement, The Loan (or other financing) Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, equipment, plant, or materials, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing). The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank. ‘A Bidder may be a firm that is a private entity, or a state-owned enterprise or institution, subject to ITB 4.6, or any combination of them in the form of a joint venture (JV), under an existing agreement, or with the intent to enter into such an agreement ASection I- Instructions to Bidders (ITB) 9 42 supported by a letter of intent. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV. 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 for the purpose of this Bidding process, if the Bidder: (a) directly or indirectly controls, is controlled by of is under common control with another Bidder; or (b) receives or has received any direct or indirect subsidy from another Bidder; or (c) has the same legal representative as another Bidder; or (d) has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or (©) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the Bid; or (© or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager for the Contract implementation; (g) would be providing goods, works, or non-consulting 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; (h) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the contract, and/or the Bid evaluation process of such contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the ASection I - Instructions to Bidders (ITB) 10 44 46 47 48 Bank throughout the procurement process and execution of the contract. ‘A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids. This includes participation as a Subcontractor in other Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved. A firm that is not a Bidder ‘or a JV member may participate as a subcontractor in more than one Bid. ‘A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including related Services. ‘A Bidder that has been sanctioned by the Bank, pursuant to the Bank's Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined, The list of debarred firms and individuals is available at the electronic address specified in the BDS. Bidders that are state-owned enterprises or institutions in the Employer's Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Employer. A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid-Securing or Proposal-Securing Declaration, Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, the Borrower's country prohibits commercial relations with that country, provided HScetion I- Instructions to Bidders (ITB) 7 u 5. Eligible Materials, Equipment and Services Sections of Bidding Document 49 that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower's country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country. When the Works are implemented across jurisdictional boundaries (and more than one country is a Borrower, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.8 (a) above by any country may be applied to that procurement across other countries involved, if the Bank and the Borrowers involved in the procurement agree. ‘A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request. 4.10 A firm that is under a sanction of debarment by the Borrower from 5. 6.1 being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower's request, is satisfied that the debarment; (a) relates to fraud or corruption, and (b) followed a judicial or administrative proceeding that afforded the firm adequate due process. The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country subject to the restrictions specified in Section V, Eligible Countries, and all expenditures under the Contract will not contravene such restrictions. At the Employer’s request, Bidders may be required to provide evidence of the origin of materials, equipment and services. B. Contents of Bidding Document ‘The bidding document consists of Parts J, 2, and 3, which include all the sections specified below, and which should be read in conjunction with any Addenda issued in accordance with ITB 8. PART I Bidding Procedures ‘© Section I - Instructions to Bidders (ITB) * Section II - Bid Data Sheet (BDS) * Section III - Evaluation and Qualification Criteria aaSection I- Instructions to Bidders (ITB) 2 7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 62 64 72 © Section IV - Bidding Forms © Section V - Eligible Countries © Section VI- Fraud and Corruption PART 2 Works’ Requirements © Section VII - Works’ Requirements PART3 Conditions of Contract and Contract Forms © Section VIII - General Conditions of Contract (GCC) ‘© Section IX - Particular Conditions of Contract (PCC) © Section X - Contract Forms The Specific Procurement Notice - Request for Bids (RFB) issued by the Employer is not part of this bidding document, Unless obtained direetly from the Employer, the Employer is not responsible for the completeness of the bidding document, responses to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obiained directly from the Employer shall prevail. The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information and documentation as is required by the bidding document. A Bidder requiring any clarification of the bidding document shall contact the Employer in writing at the Employer's address specified in the BDS or raise its inquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Employer shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Employer shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the bidding document, the Employer shall amend the bidding document following the procedure under ITB 8 and ITB 22.2. ‘The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all Za8 Section I- Instructions to Bidders (ITB) 7 B Amendment of Bidding Document 73 74 75 16 8.1 8.2 information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. If so specified in the BDS, the Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a Site of Works visit. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. The Bidder is requested, to submit any questions in writing, to reach the Employer not later than one week before the meeting Minutes of the pre-Bid meeting, if applicable, including the text of the questions asked by Bidders, 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. Nonattendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder. At any time prior to the deadline for submission of bids, the Employer may amend the bidding document by issuing addenda. 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. ‘The Employer shall also promptly publish the addendum on the Employer's web page in accordance with ITB 7.1 A )Section I- Instructions to Bidders (ITB) 4 9. Cost of Bidding 10, Language of Bid 11, Documents Comprising the Bid 83 9.1 10.1 ua 12 To give prospective Bidders reasonable time in which to take an ‘addendum into account in preparing their Bids, the Employer may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB 22.2. C. Preparation of Bids ‘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. The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern. ‘The Bid shall comprise the following: (a) Letter of Bid prepared in accordance with ITB 12; (b) Bill of Quantities : completed in accordance with ITB 12 and ITB 14, as specified in the BDS; (c) Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1; (a) Alternative Bid, if permissible, in accordance with ITB 13; (@) Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3; () Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to Bid; (8) Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the contract if its Bid is accepted; (h) Conformity: a technical proposal in accordance with ITB 16; (i) any other document required in the BDS. In addition to the requirements under ITB 11.1, Bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all members, Alternatively, a letter of intent to execute aSection I Instructions to Bidders (ITB) 15 12. Letter of Bid and Schedules 13. Alternative Bids 14, Bid Prices and Discounts Joint Venture Agreement in the event of a successfll bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement. 11.3 The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid. 12.1 The Letter of Bid and Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.3. All blank spaces shall be filled in with the information requested. 13.1 Unless otherwise specified in the BDS, alternative Bids shall not be considered. 13.2 When altemative times for completion are explicitly invited, a statement to that effect will be included in the BDS and the method of evaluating different alternative times for completion will be described in Section III, Evaluation and Qualification Criteria 13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the requirements of the bidding document must first price the Employer’s design as described in the bidding document and shall further provide all information necessary for a complete evaluation of the altemative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical altematives, if any, of the Bidder with the Most Advantageous Bid conforming to the basic technical requirements shall be considered by the Employer. 13.4 When specified in the BDS, Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Such parts will be identified in the BDS and described in Section VII, Works’ Requirements. The method for their evaluation will be stipulated in Section 1//, Evaluation and Qualification Criteria. 14.1. The prices and discounts quoted by the Bidder in the Letter of Bid and in the Bill of Quantities shall conform to the requirements specified below. °142) The Bidder shall submit a Bid for the whole of the Works »/ described in ITB 1.1 by filling in prices for all items of the Works, © fas identified in Section IV. Bidding Forms. The Bidder shall fill in ASection I - Instructions to Bidders (ITB) 6 143 144 14.5 146 147 15. Currencies of Bid 15.1 and Payment 16. Documents Comprising the Technical Proposal 16.1 rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities. ‘The price to be quoted in the Letter of Bid, in accordance with ITB 12.1, shall be the total price of the Bid, excluding any discounts offered, ‘The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid in accordance with ITB 12.1. Unless otherwise specified in the BDS and the Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section [V- Bidding Forms and the Employer may require the Bidder to justify its proposed indices and weightings. If so specified in ITB 1.1, Bids are invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer discounts for the award of more than one Contract shall specify in their Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB 14.4, provided the Bids for all lots (contracts) are opened at the same time, 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. The currency of the Bid and the currency of payments shall be the same and shall be as specified in the BDS. The Bidder shall furnish a technical proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in Section TV, Bidding Forms, in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work’s requirements and the completion time. 7Section I Instructions to Bidders (ITB) : 0 17. Documents Qualifications of the Bidder 18, Period of Validity of Bids 19. Bid Security 71 172 18.1 18.2 18.3 19.1 To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid, included in Section IV, Bidding Forms. In accordance with Section Ill, Evaluation and Qualification Criteria, to establish its qualifications to perform the Contract, the Bidder shall provide the information requested in the corresponding information sheets included in Section 1V, Bidding Forms, Bids shall remain valid until the date specified in the BDS or any extended date if amended by the Employer in accordance with ITB 8. A Bid that is not valid until the date specified in the BDS, or any extended date if amended by the Employer in accordance with ITB 8, shall be rejected by the Employer as nonresponsive. In exceptional circumstances, prior to the date of expiration of the Bid validity, 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 19, it shall also be extended for twenty-eight (28) days beyond the extended date for Bid validity, 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 18.3. If the award is delayed by a period exceeding fifty-six (56) days beyond the date of expiry of the Bid validity specified in accordance with ITB 18.1, the Contract price shall be determined as follows: (@) _ in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor specified in the BDS; (a) in the case of adjustable price contracts, no adjustment shall be made; or (b) in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction fiom those indicated above. ‘The Bidder shall furnish as part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS. CASection I- Instructions to Bidders (ITB) 18 19.2 19.3 19.4 19.5 19.6 19.7 19.8 ‘A Bid Securing Declaration shall use the form included in Section IV, Bidding Forms. If a Bid Security is specified pursuant to ITB 19.1, the Bid Security shall be a demand guarantee in any of the following forms at the Bidder’s option: 4, an unconditional guarantee issued by a bank; from a reputable bank from an eligible country. The Bid Security shall be submitted cither using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 18.2. If a Bid Security or Bid Securing Declaration is specified pursuant to ITB 19.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer as non-responsive If a Bid Security is specified pursuant to ITB 19.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s signing the Contract and furnishing the Performance Security and if required in the BDS, the Environmental and Social (ES) Performance Security pursuant to ITB 48. The Bid Sccurity of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security. and if required in the BDS, the Environmental and Social (ES) Performance Security. ‘The Bid Security may be forfeited: (a) _ if'@ Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid, or any extension thereto provided by the Bidder; or (b) ifthe successful Bidder fails to: (i) sign the Contract in accordance with ITB 47; or (ii) furnish a Performance Security and if required in the BDS, the Environmental and Social (ES) Performance Security in accordance with ITB 48. The Bid Security or the Bid-Securing Declaration of a JV shall be 4Section I - Instructions to Bidders (ITB) 2. 20. Format and Signing of Bid 19.9 20.1 20.2 20.3 in the name of the JV that submits the Bid. If the JV has not been constituted into a legally enforceable JV, at the time of Bidding, the Bid Security or the Bid-Securing Declaration shall be in the names of all future members as named in the letter of intent mentioned in ITB 4.1 and ITB 11.2. Ifa Bid Security is not required in the BDS, pursuant to ITB 19.1, and; (a) fa Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or (b) ifthe successful Bidder fails to: (i) sign the Contract in accordance with ITB 47; or (i) furnish a Performance Security and if required in the BDS, the Environmental and Social (ES) Performance Security in accordance with ITB 48, the Borrower may, if provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Employer for a period of time stated in the BDS. The Bidder shall prepare one original of the documents comprising the Bid as described in ITB 11 and clearly mark it “ORIGINAL”. Alternative Bids, if permitted in accordance with ITB 13, shall be clearly marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS, and clearly mark each of them “Copy.” In the event of any discrepancy between the original and the copies, the original shall prevail Bidders shall mark as “CONFIDENTIAL” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets, or commercial or financially sensitive information. ‘The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid. In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attomey YASection I - Instructions to Bidders (ITB) = 20 21. Sealing and Marking of Bids 22. Deadline for Submission of Bids 20.5 20.4 21.3 22.1 22.2 signed by their legally authorized representatives. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid. Submission and Opening of Bids The Bidder shall deliver the Bid in a single, sealed envelope (one- envelope Bidding process). Within the single envelope the Bidder shall place the following separate, sealed envelopes: (@) in an envelope marked “ORIGINAL”, all documents comprising the Bid, as described in ITB 11; and (b) in an envelope marked “CoPlEs”, all required copies of the Bid; and (©) _ if altemative Bids are permitted in accordance with ITB 13, and if relevant: (i) inan envelope marked “ORIGINAL - ALTERNATIVE BID”, the altemative Bid; and (ii) inthe enveloped marked “Coptrs — ALTERNATIVE BID” all required copies of the alternative Bid. 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 22.1; (©) bear the specific identification of this Bidding process specified in accordance with BDS 1.1; and (d) bear a warning not to open before the time and date for Bid opening. 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. Bids must be received by the Employer at the address and no later than the date and time specified in the BDS. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the electronic bid submission procedures speeified in the BDS. 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 WSection I - Instructions to Bidders (ITB) : au 23. Late Bids 24, Withdrawal, Substitution, and Modification of Bids 25. Bid Opening 23.1 24.1 25.1 5.2 thereafter be subject to the deadline as extended. The Employer shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 22, Any Bid received by the Employer after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 20.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be: (a) prepared and submitted in accordance with ITB 20 and ITB 21 (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 22. Bids requested to be withdrawn in accordance with ITB 24.1 shall be retumed unopened to the Bidders. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the date of expiry of the Bid validity specified by the Bidder on the Letter of Bid or any extended date thereof. Except in the cases specified in ITB 23 and ITB 24.2, the Employer shall publicly open and read out in accordance with this ITB, all Bids received by the deadline, at the date, time and place specified in the BDS, in the presence of Bidders’ designated representatives and anyone who chooses to attend, All Bidders, or their representatives and any interested party may attend a public opening, Any specific electronic Bid opening procedures required if electronic bidding is permitted in accordance with ITB 22.1, shall be as specified in the BDS. 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. iSeotion I - Instructions to Bidders (ITB) 25.3 25.4 25.5 25.6 25.7 25.8 25.9 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but retumed 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 Next, 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 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the total Bid Price, per lot (contract) if applicable, including any discounts and alternative Bids; the presence or absence of a Bid Security, or Bid Securing Declaration, if required; and any other details as the Employer may consider appropriate. Only Bids, alternative Bids and discounts that are opened and read out at Bid opening shall be considered further for evaluation. The Letter of Bid and the priced Schedules are to be initialed by representatives of the Employer attending Bid opening in the manner specified in the BDS. ‘The Employer shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 23.1). The Employer shall prepare a record of the Bid opening that shall include, as a minimum: (a) the name of the Bidder and whether there is a withdrawal, substitution, ot modification; (b) the Bid Price, per lot (contract) if applicable, including any discounts; (©) the presence or absence of a Bid Security or Bid-Securing Declaration, if one was required; and (@) any alternative Bids. 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.Section I - Instructions to Bidders (ITB) 23 27. Clarification of 27.1 Bids 22 28. Deviations, 28.1 Reservations, and Omissions 29. Determination of 29.1 Responsiveness Evaluation and Comparison of Bids Information relating to the evaluation of Bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concemed with the Bidding process until information on Intention to Award the Contract is transmitted to all Bidders in accordance with ITB 43. Any effort 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. ‘Notwithstanding ITB 26.2, from the time of Bid opening to the time of Contract award, if'a Bidder wishes to contact the Employer fon any matter related to the Bidding process, it shall do so in writing. To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its Bid given a reasonable time for a response. 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, including any voluntary inctease or decrease in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids, in accordance with ITB 31. 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, During the evaluation of Bids, the following definitions apply: (@) “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 (© “Omission” is the failure to submit part or all of the information or documentation required in the bidding document, The Employer’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, as defined in ITB 11. YWSection I- Instructions to Bidders (ITB) 24 30. Nonmaterial Nonconformities 29.2 29.3 29.4 30.1 30.2 30.3 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 i) 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. The Employer shall examine the technical aspects of the Bid submitted in accordance with ITB 16, in particular, to confirm that all requirements of Section VII, Works’ Requirements have been ‘met without any material deviation, reservation or omission. 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 Provided that a Bid is substantially responsive, the Employer may waive any nonconformities in the Bid. 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. Provided that a Bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only to reflect the price of a missing or non- conforming item or component, by adding the average price of the item or component quoted by substantially responsive Bidders. If the price of the item or component cannot be derived from the price of other substantially responsive Bids, the Employer shall use its best estimate, KSection I- Instructions to Bidders (ITB) 25 31. Correction of Arithmetical Errors 32. 33. 34, Subcontractors 35. Evaluation of Bids 31.1 34.1 34.2 35.1 Provided that the Bid is substantially responsive, the Employer shall correct arithmetical errors on the following basis: (@) only for admeasurement contracts, if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; (b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and (©) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above. Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 31.1, shall result in the rejection of the Bid. Deleted Deleted Unless otherwise stated in the BDS, the Employer does not intend to execute any specific elements of the Works by subcontractors selected in advance by the Employer, Financial Parts The subcontractor’s qualifications shall not be used by the Bidder to qualify for the Works unless their specialized parts of the Works were previously designated by the Employer in the BDS as can be met by subcontractors referred to hereafter as ‘Specialized Subcontractors’, in which case, the qualifications of the Specialized Subcontractors proposed by the Bidder may be added to the qualifications, Bidders may propose subcontracting up to the percentage of total value of contracts or the volume of works as specified in the BDS. Subcontractors proposed by the Bidder shall be fully qualified for their parts of the Works, The Employer shall use the criteria and methodologies listed in this ITB and Section Ill, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and methodologies the Employer shail YSection I- Instructions to Bidders (ITB) 26 35.2 353 35.4 determine the Most Advantageous Bid. This is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be: (a) substantially responsive to the bidding document; and (b) the lowest evaluated cost. ‘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 Summary Bill of Quantities for admeasurement contracts, but including Daywork' items, where priced competitively; (b) price adjustment for correction of arithmetic errors in accordance with ITB 31.1; (c) price adjustment due to discounts offered in accordance with ITB 14, (a) deleted; (©) price adjustment for nonconformities in accordance with ITB 30.3; and (f) the additional evaluation factors are specified in Section Ill, Evaluation and Qualification Criteria. 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. If this bidding document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated cost of the contract combinations, including any discounts offered in the Letter of Bid, is specified in Section III, Evaluation and Qualification Criteria. 36. Comparison of The Employer shall compare the evaluated costs of all substantially Bids 37. Abnormally Low 37.1 Bids responsive Bids established in accordance with ITB 35.2 to determine the Bid that has the lowest evaluated cost. ‘An Abnormally Low Bid is one where the Bid price, in combination with other constituent elements of the Bid, appears unreasonably low to the extent that the Bid price raises material” Daywork is work carried out following instructions of the Project Manager and paid for on the basis of time spent by workers, and the use of materials and the Contractor's equipment, at the rates quoted in the Bid, For Daywork to be priced competitively for Bid evaluation purposes, the Employer must list tentativ quantities for individual items to be costed against Daywork (e.g. a specific number of tractor driver staff. days, or a specific tonnage of Portland cement), to be multiplied by the Bidders" quoted rates and included in the total Bid price. YSection I-Insiruetions to Bidders (ITB) 27 38, Unbalanced or Front Loaded Bids 39. Qualification of the Bidder 372 373 38.1 38.2 39.1 39.2 concems as to the capability of the Bidder to perform the Contract for the offered Bid price. In the event of identification of a potentially Abnormally Low Bid, the Employer shall seck written clarifications from the Bidder, including detailed price analyses of its Bid price in relation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any other requirements of the bidding document. After evaluation of the price analyses, in the event that the Employer determines that the Bidder has failed to demonstrate its capability to perform the Contract for the offered Bid Price, the Employer shall reject the Bid. If the Bid for an admeasurement contract, which results in the lowest evaluated cost is, in the Employer’s opinion, seriously unbalanced or, front loaded, the Employer may require the Bidder to provide written clarifications. Clarifications may include detailed price analyses to demonstrate the consistency of the Bid priceas with the scope of works, proposed methodology, schedule and any other requirements of the bidding document. ‘After the evaluation of the information and detailed price analyses presented by the Bidder, the Employer may as appropriate: (a) accept the Bid; or (b) require that the amount of the Performance Security be increased at the expense of the Bidder to a level not exceeding 20% of the Contract Price; or (©) reject the Bid, The Employer shall determine to its satisfaction whether the cligible Bidder that is selected as having submitted the lowest evaluated cost and substantially responsive Bid meets the qualifying criteria specified in Section Il, Evaluation and Qualification Criteria. The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors if permitted in the bidding document), or any other firm(s) different from the Bidder. Prior to Contract award, the Employer will verify that the successful Bidder (including each member of a JV) is not disqualified by the Bank due to noncompliance with contractual ASection I - Instructions to Bidders (ITB) 7 28 40. Most. Advantageous Bid 41, Employer's Right to Accept Any Bid, and to Reject Any or All Bids 42, Standstill Period 43, Notification of Intention to Award 30.4 40.1 4 42.1 43.1 SEA/SH prevention and response obligations. The Employer will conduct the same verification for each subcontractor proposed by the successful Bidder. If any proposed subcontractor does not meet the requirement, the Employer will require the Bidder to propose a replacement subcontractor. ‘An affirmative determination of qualification shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the Bid, in which event the Employer shall proceed to the substantially responsive Bid which offers the next lowest evaluated cost to make a similar determination of that Bidder’s qualifications to perform satisfactorily. Having compared the evaluated costs of Bids, the Employer shall determine the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be: (a) _ substantially responsive to the bidding document; and (b) the lowest evaluated cost. The Employer reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to Contract Award, without thereby incurring any liability to Bidders. In case of annulment, all Bids submitted and specifically, Bid securities, shall be promptly retuned to the Bidders. The Contract shall not be awarded earlier than the expiry of the Standstill Period. The Standstill Period shail be ten (10) Business Days unless extended in accordance with ITB 46. The Standstill Period commences the day after the date the Employer has transmitted to each Bidder the Notification of Intention to Award the Contract. Where only one Bid is submitted, or if this contract is in response to an emergency situation recognized by the Bank, the Standstill Period shall not apply. The Employer shall send to each Bidder the Notification of Intention to Award the Contract to the successful Bidder. The Notification of Intention to Award shall contain, at a minimum, the following information: (a) the name and address of the Bidder submitting the successful Bid; (b) the Contract price of the successful Bid; (©) the names of all Bidders who submitted Bids, and their Bid prices as readout, and as evaluated; YWSection I - Instructions to Bidders (ITB) 29 44. Award Criteria 45. Notification of Award 44.1 45.1 45.2 (@ a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notification is addressed) was unsuccessful, unless the price information in c) above already reveals the reason; (ce) _ the expiry date of the Standstill Period; (0) instructions on how to request a debriefing and/or submit a complaint during the standstill period. F. Award of Contract Subject to ITB 41, the Employer shall award the Contract to the successful Bidder. This is the Bidder whose Bid has been determined to be the Most Advantageous Bid as specified in ITB 40. Prior to the expiration of the Bid validity, and upon expiry of the Standstill Period specified in [TB 42.1 or any extension thereof, and, upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Employer shall notify the successfull Bidder, in writing, that its Bid has been accepted. ‘The notification of award (hereinafter and in the Conditions of Contract and Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Employer will pay the Contractor in consideration of the execution of the contract (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”) Within ten (10) Business Days after the date of transmission of the Letter of Acceptance, the Employer shall publish the Contract ‘Award Notice which shall contain, at a minimum, the following information: {a) name and address of the Employer; (b) name and reference number of the contract being awarded, and the selection method used; (©) names of all Bidders that submitted Bids, and their Bid prices as read out at Bid opening, and as evaluated; () names of all Bidders whose Bids were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor; (©) the name of the successful Bidder, the final total contract price, the contract duration and a summary of its scope; and (6 successful Bidder’s Beneficial Ownership Disclosure Form, if specified in BDS ITB 47.1.Section I Inst sto Bidders (ITB) 30 45.3 45.4 46. Debriefing by the 46.1 Employer 47. Signing of Contract 46.2 46.3 47.1 ‘The Contract Award Notice shall be published on the Employer's website with free access if available, or in at least one newspaper of national circulation in the Employer's Country, or in the official gazette. Until a formal contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract. On receipt of the Employer's Notification of Intention to Award referred to in ITB 43.1, an unsuccessful Bidder has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline. Where a request for debriefing is received within the deadline, the Employer shall provide a debriefing within five (5) Business Days, unless the Employer decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided. If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Employer shall promptly inform, by the quickest means available, all Bidders of the extended standstill period Where a request for debriefing is received by the Employer later than the three (3)-Business Day deadline, the Employer should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3)}-day deadline shall not lead to extension of the standstill period. Debriefings of unsuccessfill Bidders may be done in writing or verbally. The Bidder shall bear their own costs of attending such a debriefing meeting. The Employer shall send to the successful Bidder the Letter of Acceptance including the Contract Agreement, and, if specified in the BDS, a request to submit the Beneficial Ownership Disclosure Form providing additional information on its beneficial ownership. ‘The Beneficial Ownership Disclosure Form, if so requested, shall be submitted within eight (8) Business Days of receiving this request. 4 GfSection I- Instructions to Bidders (ITB) z 31 48, Performance Security 49, Adjudicator 50, Procurement Related Complaint 47.2 48.1 48.2 49.1 50.1 The successfull Bidder shall sign, date and return to the Employer, the Contract Agreement within twenty-eight (28) days of its receipt. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the Employer, the successfull Bidder shall farnish the Performance Security and, if required in the BDS, the Environmental and Social (ES) Performance Security in accotdance with the General Conditions of Contract, subject to ITB 38.2 (b), using for that purpose the Performance Security and ES Performance Security Forms included in Section X, Contract Forms, or another form acceptable to the Employer. Failure of the successful Bidder to submit the above-mentioned Performance Security and, if required in the BDS, the Environmental and Social (ES) Performance Security, or to sign the Contract Agreement 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 Bidder offering the next Most Advantageous Bid. The Employer proposes the person named in the BDS to be appointed as Adjudicator under the Contract, at the hourly fee specified in the BDS, plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should so state in his Bid. If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the Particular Conditions of Contract (PCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator. ‘The procedures for making a Procurement-related Complaint are as specified in the BDS.YSection Il - Bid Data Sheet (BDS) 3 Section II - Bid Data Sheet (BDS) The following specific data for the Works to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB. BereSeeg eee eeeeeeceeeseee eee ITB | ‘A. General Reference ante ITB 1.1 The number of the Invitation for Bids is: ET-MOWE-402225-CW-RFB ‘The Employer is: Ministry of Water and Energy The reference number of the Request for Bids (RFB) is: ET-MOWE- 402225-CW-RFB ‘The name of the RFB is Procurement of contractor Rural water supp! system Construction (Civil work, Pipe laying, EM supply and installation, water point construction in 7 Woreda for 7 sites in Dire, | Arero, Teltele, Dillo, Moyale and Yabello,MiyoWoredas of Oromia Region in three lots by MoWE The number and identification of lots (contracts) comprising this REB is Contract | Description of Lot No. ET- Lot I: Dida Yabelo , Golole and Kawa WS projects in MOWE- | Yabelo , Teltele and Arero Woredas 402225- Lot Ut: Ra \d Goray WS projects in Miyo and Moyal CW_REB ymso and Goray WS projects in Miyo and Moyale Worer Lot III: Meti and Erdar WS project in Miyo and Moyale | Woredas | ITB 2.1 The Borrower is: Federal Democratic Republic of Ethiopia Loan or Financing Agreement amount: USD 210 Million The name of the Project is: Ethiopia HoA GW for Resilience Project Maximum number of members in the Joint Venture (JV) shall be: Three A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr, B. Contents of Bidding Document ITB7.1 For clarification purposes only, the Employer's address is; Attention: Mr. Kasahun Beyene, Water Supply PIT Coordinator of HoA GW for Resilience in the MoWE and /or Mr. Adamu Mengesha, “2.060 | Rrocurement Specialist , GW for Resilience in the MoWE, >) [Street Address: Bole, Haile G/Silase Avenue Road, around 22 Mazoria, next oSection Il - Bid Data Sheet (BDS) 34 ‘to Capital Hotel Floor/Room number: 2" floor, room no, City: Addis Ababa ZIP Code: N/A Country: Ethiopia Electronic mail address: kasbey65@gmail.com and adamumengesha3@gmail.com Ministry of Water and Energy Requests for clarification should be received by the Employer no later than: 7 days before bid submission deadline. ITB 7.4 A Pre-Bid meeting Shall take place. Date and Time of Pre-bid Meeting: Date: 12 February 2023 Time: 3:00 PM Place: Ministry of Water and Energy, Water Supply PIT Coordinator of HoA GW for Resilience office Site visit: The bidder can undertake a Site of Works visit at its own cost before submission of a bid. The employer shall facilitate the site visit by communicating the regional/Zonal Water Bureau. C. Preparation of Bids UITB 10.1 The language of the Bid is: English Alll correspondence exchange shall be in same as above language. Language for translation of supporting documents and printed literature is same as above. ITB 11.1) | ITB 111 @, ‘The following schedules shall be submitted with the Bid: The priced Bill of Quantities for admeasurement contracts Secrets eee] The Bidder shall submit the following additional documents in its Bid: | L For supply of Pipes & Fittings and Electromechanical equipment: To establish the conformity of the Pipes, Fittings, Electromechanical equipment and Related Services to the Bidding Documents, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specitied in Part 2 — Works Requirement. . Product ISO authorization or equivalent (for Pipes & Fittings, | Electromechanical equipments) shall be attached to the document in | ‘compliance to the specifications.Section Il Bid Data Sheet (BDS) 35 ITB 13.1 + Product Catalogue (for Pipes & Fittings, Electromechanical equipments) shall be attached to the document in compliance to the specifications, + The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Pipes, Fittings & Electromechanical equipment, demonstrating substantial responsiveness of the Pipes, Fittings & electromechanical equipment and Related Services to the technical specifications, and if applicable, a statement of deviations and exceptions to the provisions of the Work’s Requirements. © Manufacturing Authorization for Pipes, Fittings, Solar submersible pumps pump, Controllers, Inverters, Solar panels and cables using the format included in Section IV Bidding forms Code of Conduct for Contractor’s Personnel (ES) The Bidder shall submit its Code of Conduct that will apply to Contractor's Personnel (as defined in Sub- Clause I (ii) of the General Conditions of Contract), to ensure compliance with the Contractor's Environmental and Social (ES) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section IV. No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks. Management Strategies and Implementation Plans (MSIP) to manage the (ES) risks | The Bidder shall submit Management Strategies and Implementation Plans | (MSIPs) to manage the following key Environmental and Social (ES) risks Alternative Bids shall not be considered. ITB 13.2 Altemative times for completion shall not be permitted. =| TTB 134 | Altemative technical solutions shall be permitted for the following parts of the Works: Not Applicable ITB 14.5 | The prices quoted by the Bidder shall nor be subject to adjustment during the performance of the Contract. TTB 13.1 | The price shall be quoted by the Bidder in Ethiopian Birr. For | Mandatory imported goods of Electro Mechanical & Solar water pumping system the bidder may quote a price a foreign currency. The price shall be given based on CIP, Project site, and the employer shall_| ASection Il - Bid Data Sheet (BDS) 36 ‘TTB 18.1 -over the LC for one period (90 days) only and any subsequent extension if any shall be covered by the contractor itself. | ‘The Bid shall be valid for 120 days _ITB 18.3 (a)_| The Bid price shall be adjusted by the following factor(s): Not Applicable ITB 19.1 A Bid Security shall be required. | A Bid-Securing Declaration shall not be required. ‘The amount and currency of the Bid security shall be: ETB 800,000 (Eight | Hundred Thousand Birr) for Lot I, and ETB 600,000 (Six Hundred Thousand Birr) for cach of Lot If and lot III in the form of CPO ot Bank Guarantee that is Valid for at least 150 days ITB 20.1 In addition to the original of the Bid, the number of copies is: Three ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder shall consist of Power of Attorney confirming that the assigned person is authorized to Sign all the documents related to this bid on behalf of the Bidder. D. Submission and Opening of Bids ITB 22.1 For bid submission purposes only, the Employer's address is: Mr. Kasahun Beyene, Water Supply PIT Coordinator of HoA GW for | Resilience in the MoWE | Street Address: Bole, Haile G/Silase Avenue Road, around 22 Mazoria, next to Capital Hotel Floor/Room number: 2" floor, room no. 238 City: Addis Ababa ZIP Code: N/A Country: Ethio The deadline for bid submission is: Date: 06 March 2024 | Time: 2:30 PM (afternoon) | Bidders shall not have the option of submitting their bids electronically. | ITB 25.1 ‘The Bid opening shall take place at: | Office of Water Supply PIT Coordinator of HoA GW for Resilience in the | MoWE Floot/Room number: 2nd floor, room no. 238 Street Address: Bole, Haile G/Silase Avenue Road, around 22 Mazoria, next to Capital Hotel FjSection Il - Bid Data Sheet (BDS) 37 ITB 25.1 City: Addis Ababa ZIP Code: N/A Country: Ethiopia Date: 06 March 2024 Time: 3:00 PM (afternoon) Thee Bid opening procedures shall not be Applicable ITB 25.6 The Letter of Bid and Schedules shall be initialed by three representatives | of the Employer conducting Bid opening, Each bid shall be initialed by shall be initialed by the representative of the Employer. Tender Opening record should also be filled for tender reference number, name, address and signature of bidder's representatives attending bid opening, read’ out prices and name of appointed representatives from the | Employer, | E, Evaluation and Comparison of Bids ITB 49 ITB 47.1 NA 8) Contractor's proposed subcontracting: Maximum percentage of subcontracting permitted is: 30% of the total contract amount b) Bidders planning to subcontract more than 10% of the total contract amount shall specify, in the Letter of Bid, the activity (ies) or parts of the ‘works to be subcontracted along with complete details of the sub-contractors and their qualification and experience. The qualification and experience of the sub-contractors must meet the minimum criteria for the relevant work to be sub-contracted failing which such sub-contractors will not be permitted to participate ©) Sub-contractors’ qualification and experience will not be considered for evaluation of the Bidder. The Bidder on its own (without taking into account the qualification and experience of the sub-contractor) should meet the qualification criteria. F. Award of Contract ‘The successful Bidder shail submit the Beneficial Ownership Disclosure Form. Ethiopian Chamber of Commerce, The hourly fee for this proposed Adjudicator shall be) as per the scale of the Institution (Adjudicator)YiSection III - Evaluation and Qualification Criteria 39 Section III - Evaluation and Qualification Criteria Wherever a Bidder is required to state a monetary amount, Bidders should indicate the Birr equivalent using the rate of exchange determined as follows: © for construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year (in which the amounts for that year is to be converted) was originally established; or © value of single contract - Exchange rate prevailing on the date of the contract. Exchange rates shall be taken from the publicly available source identified in the ITB 32.1 Any error in determining the exchange rates in the Bid may be corrected by the EmployerSection IIL — Evaluation and Qualification Criteria 40 Table of Criteria 1. Deleted 2. Evaluation 3. Qualification 43 4. Key Personnel. Error! Bookmark not defined. 5. Equipment Error! Bookmark not defined.Section Ill — Evaluation and Qualification Criteria 4 1.Deleted 2.Evaluation In addition to the criteria listed in ITB 35.2 (a) — (e) the following criteria shall apply: 2.1 Adequacy of Technical Proposal 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 VII (Works Requirements). Applicable. 2.2 Multiple Contracts: Applicable Pursuant to Sub-Clause 35.4 of the Instructions to Bidders, if Works are grouped in multiple contracts, evaluation will be as follows: Award Crite for Multiple Contracts [ITB 35.4]: Lots Bidders have the option to Bid for any one or more lots, Bids will be evaluated lot-wise, taking into account discounts offered, if any, for combined lots. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer for combined lots, subject to the selected Bidder(s) meeting the required qualification criteria for lot or combination of lots as the case may be. Qualification Criteria for Multiple Contracts: Section III describes criteria for qualification for each lot (contract) for multiple lots (contracts). The criteria for qualification is aggregate minimum requirement for respective lots as specified under items 3.1, 3.2, 4.2(a) and 4.2(b). However, with respect to the specific experience under item 4.2 (a) of Section III, the Employer will select any one or more of the options as identified below: Nis the minimum number of contracts V is the minimum value of a single contract, having > ETB 11 Million (a) For one Contract: Option ()N contracts, each of minimum value V; (b) For multiple Contracts (i) Minimum requirements for combined contract(s) shall be the aggregate requirements for each contract for which the bidder has submitted bids as follows, and N1, N2, N3, ete. shall be different contracts: a7)2 Section II Evaluation and Qual Lot 1: NI contracts, each of minimum value V1; Lot 2: N2 contracts, each of minimum value V2; Lot 3: N3 contracts, each of minimum value V3; ete, 2.3. Alternative Completion Times: Not Applicable 2.4 Sustainable procurement: Not Applicable 2.5 Alternative Technical Solutions for specified parts of Works: Not Applicable 2.6 Specialized Subcontractors: Not Applicable If permitted under ITB 34, only the specific experience of Subcontractors for specialized works permitted by the Employer will be considered. The general experience and financial resources of the Specialized Subcontractors shall not be added to those of the Bidder for purposes of qualification of the Bidder.Section Ill - Evaluation and Qualification Criteria 1. Qualification: Pree Ree 4B eosin ‘Joint Venture (existing or intended) Borrower's ‘country law the Borrower's country laws or official regulations against commercial relations with the Bidder's country, or by an act of compliance with UN Security Council resolution, both in accordance with ITB 4.8 and Section V. | | No.| Subject ‘Requirement Single Entity s R ‘Ailmembers | Each | Atleast one Combined | Member__| Member TL] Nationality | Nationality accordance | Must meet. | N/A Mustmeet— | NA Foi with ITB 4.4 requirement requirement Ld wit att 12 | Confiet of No conflicts ofinterestin | Mustmest | A Must meet | NA Tel Interest accordance with ITB 4.2 | requirement reqjuiement 73 | Bank Bligibiity | Not having been declared | Mustmeet’ | NIA Must meet | NA Tal ineligible by the Bank, as | requirement requirement deseribed in ITB 4.5 1a | State-owned | Meets conditions of TB | Mustmeet | NIA | Must meet | NA Foi 46 requirement | requirement 11 institution of the | | ie wit Borrower | ati countr | T5 | United Nations | Nothaving been excluded | Mustmeet | NIA | Must meet | NA resolution or | asa result of prohibition in | requirement | requirement 2.1] History of Non- | Nor-performance ofa | Must meet. | N/A Must meet | NA For Performing | contract’ did not oceur as a | requirement! * tequicement Contracts” | result ofcontractor default | * | since 1 January 2020 zi [22 | Suspension | Not under suspension Mustmeet | N/A Must meet | NA Tai Based on | based on execution ofa | requirement i | | Execution of | Bid/Proposal Securing iuaeaeae | | Bid Proposal | Declaration pursuant to |__| securing TTB 4.7 and ITB 19.9. Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral tothe dispute resolution mechanism under the respective contract, and (b) contract thet were so challenged but fully settled against the contractor, [Nonperformance shall not include contracis where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes ot litigation, 2. dispute oF litigation that has been resolved in accordance withthe dispute resolution mechanism under the respective contract and where all appeal instances availabe to the Bidder have been exhausted, OFSection lll - Evaluation and Qualification Criteria 44 No. Subject ‘Requirement Single Entity Joint Venture (existing or intended) ‘All members ‘Combined Each Member ‘Atleast one ‘Member Declaration by the Employer 23 Pending Bidder's financial position | Must meet Litigation and prospective long term | requirement profitability sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder NA Must meet requirement WA Fo: 2A Litigation ‘No consistent history of | Must meet History court/arbitral award requirement decisions against the Bidder’ since 1* January 2020 [NA Must meet requirement NA Fo Declare any civil work Deciaration: || conact that have been n suspended of terminated and Social and/or performance (ES) past | Security called by an performance employer for breach of environmental or socal Gnoluding Sexual Exploitation and Abuse) contractual obligations in the past five years.* Declaration: Must make the declaration, Nia Must meet requirement Nia For FS 26 Bank's SEA | Atthe time of Contract | Must meet ae on Award, not subject t© requirement disqualification by the Bank for non-compliance with SEA/ SH obligations Disqualification NA Must meet requirement NA Let Fo. Ifthe Bidder had been subject to disqualification by the Bank for non- compliance with SEA/ SH obligations, the Bidder Mast meet shall either () provide requirement evidence of an arbitral award on the

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