NRED - Landscaping and Lawn Development
NRED - Landscaping and Lawn Development
NRED - Landscaping and Lawn Development
Procurement of Small
Works (up to Nu.4
million)
March 2011
1
Preface
This Standard Bidding Document for the Procurement of small works up to Nu. 4 million has been prepared
by the Public Procurement Policy Division (PPPD) Ministry of Finance to be used for the Procurement of
small works through National Competitive Bidding (NCB) in projects that are financed in whole or in part by
the Royal Government of Bhutan (RGoB). It should be used in conjunction with the Procurement Rules and
Regulations.
Those wishing to submit comments or questions on this Bidding Document or to obtain additional
information on procurement under RGoB-financed projects may contact :
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Guidance Notes on the Use of the Standard Bidding Document for
small works (This note should be deleted while preparing the bidding
document)
This guidance notes have been prepared by the PPPD to assist a Procuring Agency in the preparation and
using of Standard Bidding Document (SBD), for the procurement of small Works. The Procuring Agency
should also refer to the Procurement Rules and Regulations and the circulars and Notifications issued from
time to time to supplement the Regulations.
The use of SBD applies for the Open bidding method and also for the limited bidding method, whereby bids
are invited from a list of enlisted bidders.
Since the intention is that SBD small work should only be used for Contracts of short duration and of low
risk/value, there is no provision for price adjustment. The general procurement principal shall apply.
SBD is based upon internationally acceptable model formats, which have been adapted to suit the particular
needs of procurement within Bhutan. The SBD has 9 Sections, of which Section 1: (Instruction to Bidders)
and Section 5: (General Conditions of Contract) must not be altered or modified under any circumstances.
The way in which a Procuring Entity addresses its specific needs is through the information provided in the
Bidding Data Sheet (BDS) and the Special Conditions of Contract (SCC), as well as in the detailed
requirements of the procurement in the Schedule of Works and/or the Drawings/specifications.
SBD when properly completed will provide all the information that a Bidders need in order to prepare and
submit a Bid. This should provide a sound basis on which a Procuring Agency can fairly, transparently and
accurately carry out a Bid evaluation process on the Bids submitted by the Bidders.
The following briefly describes the Sections of SBD and how a Procuring Entity should use these when
preparing a particular Bidding Document.
Section 1. Instructions to Bidders (ITB)
This Section provides relevant information to help Bidders prepare their Bids. Information is
also provided on the submission, opening, and evaluation of Bids and on the award of
Contract.
This Section also contains the criteria to be used by the Employer in order to determine the
lowest evaluated Bid and the qualifications of the Bidder to perform the Contract. The text
of the clauses in this Section shall not be modified.
Section 2. Bidding Data Sheet (BDS)
This Section consists of provisions that are specific to each object of procurement and that
supplements the information or requirements included in Section 1: Instructions to Bidders.
Section 3. Evaluation and Qualification Criteria
This section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders if the bidding was not preceded by a prequalification exercise and post
qualifications are applied. In accordance with ITB 34 and ITB 36, no other methods, criteria
and factors shall be used. The Bidder shall provide all the information requested in the
forms included in Section 4 (Bidding Forms).
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This Section provides the standard format for the Bid Form and Bid Security if required,
that are to be submitted by the Bidder.
This Section also contains the form of the Notification of Award (Form-2) and the
Contract Agreement (Form-3) which, when completed, incorporates any corrections or
modifications to the accepted Bidder relating to amendments permitted by the ITB, GCC
and SCC.
The forms for Performance Security (Form-5) and Advance Payment Security (Form-6),
when required, are to be completed by the successful Bidder after Contract award.
Section 9. Drawings
This Section contains any Drawings that supplement the Schedule of Works including
Specifications for the Works and Related Services to be procured.
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INVITATION FOR BID
(IFB)
5
ROYAL GOVERNMENT OF BHUTAN
RGoB PROJECT
Date: 15/01/2015
Bid No.: NRED/GBP/2014-15/1920
1. The Project Manager, Green Bhutan Project, Nature Recreation and Ecotourism
Division, DoFPS, MoAF, Thimphu invites bids for the construction of works detailed in the table.
The bidders may submit bids for any or all of the following works, for the package or for any of the
slices.
2. Bidding documents (and additional copies) may be downloaded from the website
www.moaf.gov.bt from 15/12/2015 to 30/01/2015.
3. Bids must be accompanied by a bid security of Nu. 27,708/= drawn in favour of Project
Manager, Green Bhutan Project, Nature Recreation and Ecotourism, DoFPS, MoAF,
Thimphu Bid security will have to be in any one of the forms as specified in the bidding document
and shall have to be valid for 30 days beyond the validity of the bid.
4. Bids must be delivered to Project Manager, Green Bhutan Project, Nature Recreation
and Ecotourism, DoFPS, MoAF, Thimphu. on or before 2.00pm on 30/01/2015 (date) and will be
opened on the same day at 2.30 pm, in the presence of the bidders who wish to attend.
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INVITATIONS FOR BIDS (IFB).................................................................................................6
Section 1: Instructions to Bidder (ITB).................................................................................9
A. General.................................................................................................................................9
1. Scope of Tender..............................................................................................................9
2. Corrupt Fraudulent Collusive or Coercive Practices.................................................9
3. Eligible Bidders..............................................................................................................10
4. Site Visit..........................................................................................................................10
B. Content of Bidding Document........................................................................................10
5. Contents of Bidding Documents.................................................................................10
6. Clarification of Bidding Documents............................................................................11
7. Amendment of Bidding Documents...........................................................................11
C. Preparation of Bids...........................................................................................................11
8. One Bid per Bidder.......................................................................................................11
9. Bid Preparation Costs..................................................................................................11
10. Language of Bid............................................................................................................11
11. Documents comprising the Bid...................................................................................11
13. Alternative Bid...............................................................................................................11
14. Bid Price and Discount.................................................................................................11
15 Currencies of Bid and Payment..................................................................................12
16 Documents comprising the Technical Proposal.......................................................12
17 Documents establishing the Qualification of the Bidder.........................................12
18 Bid Validity......................................................................................................................12
20 Format and Signing of Bid...........................................................................................12
D. Submission and Opening of Bids...................................................................................13
21 Sealing and Marking of Bids.......................................................................................13
22 Bid Submission Deadline.............................................................................................13
23 Late Bids........................................................................................................................13
24 Modification, Substitution or Withdrawal of Bids......................................................13
25 Bid Opening...................................................................................................................14
26 Confidentiality................................................................................................................14
27 Clarification....................................................................................................................14
28 Bidder: Contacting the Employer...............................................................................14
29 Determination of Responsiveness.............................................................................14
30 Non Conformities, Errors and Omissions..................................................................15
31 Evaluation and Comparison of Tenders....................................................................15
32. Employer’s Right to Accept or Reject any or all..........................................................15
F. Contract Award.................................................................................................................15
33. Award Criteria....................................................................................................................15
34. Notification of Award........................................................................................................16
Section 2 - Bidding Data Sheet...................................................................................................16
A. General...............................................................................................................................16
B. Bidding Documents..........................................................................................................16
C. Preparation of Bids...........................................................................................................17
D. Submission and Opening of Bids...................................................................................17
F. Award of Contract.............................................................................................................17
Section 3 – Evaluation and Qualification Criteria....................................................................18
Section 4: Forms of Bid, & Qualification Information............................................................18
Bank Guarantee for Bid Security..............................................................................................22
Section 5. General Conditions of Contract.........................................................................23
1. Definitions......................................................................................................................23
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2. Interpretation & Documents forming the Contract...................................................23
3. Corrupt, Fraudulent, Collusive or Coercive Practices.............................................24
4. Governing Language and Law...................................................................................25
5. Engineer’s Decision......................................................................................................25
6. Delegation......................................................................................................................25
7. Communications and Notices.....................................................................................25
8. Sub- Contracting...........................................................................................................25
9. Contractor’s Personnel................................................................................................25
10. Welfare of Labourers & Child Labour........................................................................25
11. Safety, Security and Protection of the Environment................................................25
12. Access to the Site.........................................................................................................25
13. Documents, Information...............................................................................................25
14. Property..........................................................................................................................25
15. Insurance........................................................................................................................26
16. Possession of the Site..................................................................................................26
17. Commencement of Works...........................................................................................26
18. Completion of Works....................................................................................................26
19. Programme of Works...................................................................................................26
20. Early Warning................................................................................................................26
21. Compensation Events..................................................................................................26
22. Non-Scheduled Items of Works..................................................................................26
23. Schedule of Works........................................................................................................26
24. Payment Certificates....................................................................................................26
25. Payments and Currency..............................................................................................27
26. Retention........................................................................................................................27
27. Liquidated Damages....................................................................................................27
28. Performance Security...................................................................................................27
29. Price Adjustment...........................................................................................................27
30. Completion.....................................................................................................................27
31. Correction of Defects....................................................................................................28
32. Taking Over....................................................................................................................28
33. Final Account.................................................................................................................28
34. Termination....................................................................................................................28
35. Payment upon Termination..........................................................................................29
36. Release from Performance.........................................................................................29
37. Force Majeure...............................................................................................................29
38. Settlement of Disputes.................................................................................................30
38.1 The Employer and the Contractor shall use their best efforts to settle amicably
all disputes arising out of or in connection with this Contract or its interpretation........30
38.2 Any dispute between the parties to the Contract that may not be settled
amicably will be referred to Arbitration at the initiative of either of the parties..............30
Section 6. Special Conditions of Contract...........................................................................31
Section 7 – Contract Forms........................................................................................................33
Form-1...........................................................................................................................................34
Form-2...........................................................................................................................................35
Contract Agreement....................................................................................................................35
Form-3...........................................................................................................................................36
Bank Guarantee for Performance Security.............................................................................36
Bank Guarantee for mobilisation advance..............................................................................37
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Section 21:- Instructions
Bidding DatatoSheet
Bidder (ITB)
Instructions for completing the Bidding Data Sheet are provided, as needed, in the notes in italics
mentioned for the relevant ITB Clauses
A. General
Section 3 – Evaluation and Qualification Criteria
1.
ITB 1.1
Scope of Amendment
The
of, Employer, as indicated
and Supplements in the BDS
to, Clauses in theissues this Bidding
Instructions Document for
to Bidders
Tender the procurement of Works as specified in Section 6 (Employer’s
Clause requirement): The name, identification and identification of this bidding
are provided in the BDS.
A. General
1.2 The successful Bidder will be required to complete the Works within the
Time for Completion stated in the Special Conditions of Contract (SCC).
ITB 1.1 The Employer is [Project Manager, Green Bhutan Project, DoFPS, MoAF,
1.3 ] Throughout this Bidding Documents;
Thimphu
(a) The term “in writing means communicated in written form with
The Name and Identification ofof
the Contract is/are ;[Item 1- Landscaping, lawn
proof receipt;
development and fencing works
(b) If the context so requires, singular means plural and vice
The Works are; Earth work, fencing,
versa; and lawn development, sowing of grass seeds,
trimming existing (c)
bushes“day”
and cleaning of debris/
means calendar disposal
day.
ITB 3.2 [Choose option A or B, whichever is applicable, and delete the other option].
2.4 [ DoFPS,
Address: The Government defines, ]for the purposes of this provision, the terms set
MoAF, Thimphu
forth below as follows :
Telephone:02-339535/ 339706
Facsimile number:]
a) “corrupt practice” is the offering, giving, receiving or soliciting, directly
Electronic mail address: []
or indirectly, of anything of value to influence improperly the actions of
another party;
C. Preparation of Bids
b) “fraudulent practice” is any intentional act or omission including
misrepresentation, that knowingly or recklessly misleads, or attempts to
ITB 15.1 The Bid validity period shall be [60] days.
mislead, a party to obtain a financial or other benefits or to avoid an
obligation;
1. Evaluation
1.1 Evaluation shall be done to determine the responsiveness and the award shall be made to the lowest
evaluated bidder.
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Standard Form: Form of bid
_______________________ [date]
To_________________________________________________________________________
Address_____________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
This Bid and your written acceptance of it shall constitute a binding Contract between us. We
understand that you are not bound to accept the lowest or any Bid you receive.
We hereby confirm that this Bid complies with the Bid validity and Bid Security required by the
bidding documents and specified in the Bidding Data.
Address: ___________________________________________________________________
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Standard Form: Qualification Information
Notes on Form of Qualification Information: The following information is to be filled in by bidders which will be used
for purposes of evaluation
1. Individual bidders
1.2 Qualifications and experience of key personnel proposed for administration and execution of
the Contract. Refer BDS. The supporting documents such detailed CVs signed in
original supported by certificates for qualification and experience.
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Standard Form: Letter of Acceptance
No. Date
To:
Ms …………………
…………………………….
This is to notify that your Bid dated …… for the execution of the contract for the construction of
“_..............................for the Contract Price [ [Ngultrum], as corrected and modified in accordance
with the Instructions to Bidders is hereby accepted by our Agency. The start date of the project is
[date]. The completion date for whole of the works shall be [date].
You are hereby instructed to proceed with the execution of the said Works in accordance with the
Contract documents.
Authorized Signature:
_______________________________________________________
Name of Agency:
_______________________________________________________
Attachment: Agreement
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Bank Guarantee for Bid Security
[this is the format for the Bid Security to be issued by a financial institutions in Bhutan in accordance with
ITB Clause 19]
To:
We have been informed that [name of Bidder] (hereinafter called “the Bidder”) intends to submit to you its
Bid dated [date of bid] (hereinafter called “the Tender”) for the execution of the Works of [description of
works] under the above Invitation for Bids (hereinafter called “the IFB”).
Furthermore, we understand that, according to your conditions Bids must be supported by a Bid Guarantee.
At the request of the Bidder, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Nu [insert amount in figures and words]
upon receipt by us of your first written demand accompanied by a written statement that the Bidder is in
breach of its obligation(s) under the Bid conditions, because the Bidder:
(a) has withdrawn its Bids during the period of Bid validity specified by the Bidder in the Form of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders ITB; or
(c) having been notified of the acceptance of the Bid by the Employer during the period of Bid validity,
(i) fails or refuses to furnish the performance security in accordance with the ITT, or (ii) fails or
refuses to execute the Contract Form,
(a) if the Bidder is the successful Bidder, upon our receipt of a copy of the Performance Security and a
copy of the Contract signed by the Bidder as issued by you; or
(b) if the Bidder is not the successful Bidder, thirty days after the expiration of the Bidder’s Tender
validity period, being [date of expiration of the Tender].
Consequently, we must receive at the above-mentioned office any demand for payment under this
guarantee on or before that date.
Signature Signature
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Section 5. General Conditions of Contract
1. Definitions 1.1 The following words and expressions shall have the meaning hereby
assigned to them. Boldface type is used to identify the defined terms:
(a) Completion Certificate means the Certificate issued by the Employer
as evidence that the Contractor has executed the Works in all respects
as per drawing, specifications, and Conditions of Contract.
(c) Contract means the Agreement entered into between the Employer and
the Contractor to execute, complete and maintain the Works.
(d) Contractor means the person or corporate body whose Tender to carry
out the Works has been accepted by the Employer and is named as
such in the SCC.
(e) Contract Price is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the
Contract.The Contractor’s Bid is the completed Bid Document
including the priced offer submitted by the Contractor to the Employer.
(f) Days mean calendar days.
(g) A Defect is any part of the Works not completed in accordance with the
Contract.
(h) The Employer is the party named in the SCC who employs the
Contractor to carry out the Works.
(i) The Engineer is the person named in the SCC, who is responsible for
supervising the execution of the works and administering the Contract.
(j) The Intended Completion Date is the date specified in the SCC on
which the Contractor shall complete the Works and may be revised if
extension of time or an acceleration order is issued by the Engineer.
(l) The Works are what the Contract requires the Contractor to construct,
install, and hand over to the Employer, as defined in the SCC.
2. Interpretation & 2.1 In interpreting the GCC, singular also means plural, male also means
Documents forming female or neuter, and the other way around. Headings in the GCC shall
the Contract not be deemed part thereof or be taken into consideration in the
interpretation or construance of the Contract. Words have their normal
meaning under the language of the Contract unless specifically defined.
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2.2 The following documents forming the Contract shall be interpreted in the
following order of priority:
(a) the signed Contract Agreement.
(b) the letter of Notification of Award.
(c) the completed Bid form as submitted by the Bidder.
(d) the Special Conditions of Contract.
(e) the General Conditions of Contract.
(f) Specifications
(g) the Drawings.
(h) any other document listed in the PCC as forming part of the
Contract.
3. Corrupt, Fraudulent, 3.1 The Government requires that Employers, as well as Contractors shall
Collusive or observe the highest standard of ethics during the implementation of
Coercive Practices procurement proceedings and the execution of Contracts under public
funds.
3.3 The Government defines, for the purposes of this provision, the terms set
forth below as follows:
(a) corrupt practice”1 is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value 2 to
influence improperly the actions of another party;
3.4 The Government requires that the Client’s personnel have an equal
obligation not to solicit, ask for and/or use coercive methods to obtain
personal benefits in connection with the said proceedings.
4. Governing 4.1 The Contract as well as all correspondence and documents relating to the
Language and Law Contract exchanged by the Contractor and the Employer, shall be written in
English unless otherwise stated in the SCC. The Contract shall be governed
by and interpreted in accordance with the laws of the Kingdom of Bhutan.
5. Engineer’s Decision 5.1 Except where otherwise specifically stated in the SCC, the Engineer will
decide Contractual matters between the Employer and the Contractor in the
role as representative of the Employer.
6. Delegation 6.1 The Engineer may delegate any of his duties and responsibilities to his
representative, after notifying the Contractor, and may cancel any delegation,
without retroactivity, after notifying the Contractor.
8. Sub- Contracting 8.1 The Contractor shall not be permitted to subcontract any part of the
Works in whole or in part.
9. Contractor’s 9.1 The Contractor shall employ the key personnel named in the Schedule of
Personnel Key Personnel, as referred to in the SCC, to carry out the functions stated
in the Schedule, or other personnel approved by the Engineer.
10. Welfare of 10.1 The Contractor shall provide proper accommodation to his labourers
Labourers & Child and arrange proper water supply, conservancy and sanitation
Labour arrangements at the site in accordance with relevant regulations, rules and
orders of the government.
10.2 The Contractor shall comply with the applicable minimum age, labour
laws and requirements of (including applicable treaties which have been
ratified by) the Government of Bhutan regarding hazardous forms of child
labour.
11. Safety, Security and 11.1 The Contractor shall throughout the execution and completion of the
Protection of the Works and the remedying of any defects therein :
Environment
(a) have full regard for the safety of all persons entitled to be upon
the Site and keep the Site and the Works in an orderly state;
(b) provide and maintain at the Contractors own cost all lights,
guards, fencing, warning signs and watching for the protection of
the Works or for the safety on-site; and
(c) take all reasonable steps to protect the environment on and off
the Site and to avoid damage or nuisance to persons or to property
of the public or others resulting from pollution, noise or other
causes arising as a consequence of the Contractors methods of
operation.
12. Access to the Site 12.1 The Contractor shall allow the Engineer and any person authorised by
the Engineer access to the Site and to any place where work in
connection with the Contract is being carried out or is intended to be
carried out.
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13. Documents, 13.1 The Contractor shall furnish to the Engineer all information, schedules,
Information. calculations and supporting documentation that may be requested of it.
14. Property 14.1 If the contract is terminated by the Employer because of the
contractors default, then, the contractor shall not be allowed to remove
any materials on the Site, Plant, and Temporary Works until the matter is
amicably resolved.
15. Insurance 15.1 The Contractor shall provide insurance as stated in the SCC
15.2 The Contractor shall deliver policies and certificates of insurance to the
Engineer, for the Engineer’s approval, before the Start Date.
15.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may effect the insurance which the Contractor
should have provided and recover the premiums the Employer has paid
from payments otherwise due to the Contractor or, if no payment is due,
the payment of the premiums shall be a debt due.
16. Possession of the 16.1 The Employer shall give possession of the Site, or parts of the Site, to
Site the Contractor on the date(s) specified in the SCC.
17. Commencement of 17.1 The Contractor may commence execution of the Works on the Start
Works Date, or other such date as specified in the SCC, and shall carry out
the Works in an expeditious manner.
17.2 If the Contractor fails to commence the works within the above stated
period, the Employer may, at his sole discretion, terminate the Contract
and forfeit the Performance Security, if any.
18. Completion of 18.1 The Contractor shall complete the Works within the number of days
Works stated in the SCC from the date of commencing the Works on the Site.
19. Programme of 19.1 Within the time stated in the SCC, the Contractor shall submit to the
Works Engineer for approval a work program. The Contractor shall submit to
the Engineer for approval an updated Programme at intervals no
longer than the period stated in the SCC.
20. Early Warning 20.1 The Contractor shall warn the Engineer at the earliest opportunity of
specific likely future events or circumstances that may adversely affect
the quality of the work, result in increase to the Contract Price or delay
in the execution of the Works.
22. Non-Scheduled 22.1 The Contractor shall be paid for non-scheduled items of works only
Items of Works when the Engineer approves such works and at the rates and in the
manner stated in the SCC.
23. Schedule of Works 23.1 The Schedule of Works will contain rates for all items for the
construction including temporary works, installation, testing, and
commissioning work to be done by the Contractor.
23.2 The Contractor shall be paid for the quantity of the work done at the
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rate in the Contract Agreement for each item.
23.3 The Contractor shall be entirely responsible for all taxes, duties, license
fees, and other such levies imposed outside and inside Bhutan.
24. Payment 24.1 The Contractor shall submit to the Engineer monthly statements of the
Certificates estimated value of the work executed less the cumulative amount
certified previously. The Engineer shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.
24.2 The value of work executed shall be determined by the Engineer.
24.3 The value of work executed shall comprise the value of the quantities
of the items in the Schedule of Works completed.
24.4 The value of work executed shall include the valuation of Variations,
Certified Dayworks and Compensation Events.
24.5 The Engineer may exclude any item certified in previous certificates or
reduce the proportion of any item previously certified in any certificate
in the light of later information.
25. Payments and 25.1 The Employer shall pay the Contractor the amounts certified by the
Currency Engineer within thirty (30) days of the date of each certificate.
25.2 The Employer shall make Advance Payment (mobilization and secured
advance) to the Contractor of the amounts and by the dates stated in
the SCC against provision by the Contractor of an unconditional Bank
Guarantee, (Form 4).
25.3 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilisation expenses required
specifically for the execution of the Contract. The Contractor shall
demonstrate that the advance payment has been used in this way by
submitting copies of invoices or other documents to the Employer.
25.4 The advance payment shall be repaid by deducting proportionate
amounts from payments otherwise due to the Contractor, following the
schedule of completed percentages of the Works on a payment basis.
No account shall be taken of the advance payment or its repayment in
assessing valuations of work done, variations, claims or any amount
payable due to failure to complete the works.
26. Retention 26.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the SCC until the completion of the whole of the
Works.
26.2 On completion of the whole of the Works, half the total amount retained
shall be repaid to the Contractor, the remaining half when the Defects
Liability Period has passed and the Engineer has certified that all
Defects notified by the Engineer to the Contractor before the end of
this period have been corrected.
27. Liquidated Damages 27.1 The Contractor shall pay liquidated damages to the Employer at the
rate per day stated in the SCC for each day that the Completion Date
is later than the Intended Completion date for the works or for any part
thereof.
28. Performance 28.1 Upon Notification of Award, a Performance Security shall be provided
Security to the Employer in the amount and form stated in the Contract Forms
(Form 3). The Performance Security shall be valid until a date thirty
(30) days from the date of issue of the Certificate of Completion.
29. Price Adjustment 29.1 The rates and prices in the bill of quantities are fixed for the duration of
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the Contract and not subject to price adjustment during the
performance of the Contract.
30. Completion 30.1 The Contractor shall request the Engineer to issue a Certificate of
Completion of the Works, and the Engineer will do so upon deciding
that the work is substantially completed.
31. Correction of 31.1 The Engineer shall give notice to the Contractor of any Defects before
Defects the end of the Defects Liability Period, which begins at Completion,
and is defined in the SCC. The Defects Liability Period shall be
extended for as long as the Defects remain to be corrected.
31.2 If the Contractor has not corrected a Defect within the time specified in
the Engineer’s notice, the Engineer will assess the cost of having the
Defect corrected, and the Contractor will pay this amount.
32. Taking Over 32.1 The Employer shall take over the Site and the Works within seven (7)
days of the Engineer issuing a Certificate of Completion.
33. Final Account 33.1 The Contractor shall supply the Engineer a detailed account of the total
amount that the Contractor considers payable under the Contract. The
Engineer shall certify any final payment that is due to the Contractor
within twenty-one (21) days of receiving the Contractor’s account if it is
correct and complete.
33.2 The Employer shall effect payment of the final account within thirty (30)
days from the date of certification by the Engineer.
34. Termination 34.1 The Employer or the Contractor by giving thirty (30) days written
notice of default to the other party, may terminate the Contract in
whole or in part if the other party causes a fundamental breach of
Contract.
34.2 Fundamental breaches of the Contract shall include, but shall not be
limited to, the following:
(a) the Contractor stops work for more than thirty (30) days
when no stoppage of work is shown on the current Programme
and the stoppage has not been authorised by the Engineer;
(b) the Engineer gives notice that failure to correct a
particular defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
(c) the Contractor has delayed the completion of the Works
by the number of days for which the maximum amount of
Liquidated Damages can be paid;
(d) the Contractor, in the judgment of the Employer, has
engaged in corrupt or fraudulent practices, as defined in GCC
Clause 3, in competing for or in executing the Contract; and
(e) a payment certified by the Engineer is not paid to the
Contractor by the Employer within sixty (60) days of the date of
the Engineer’s certificate.
34.3 The Employer and the Contractor may at any time terminate the
Contract by giving notice to the other party if either of the parties
becomes bankrupt or otherwise insolvent. In such event, termination
will be without compensation to any party provided that such
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termination will not prejudice or affect any right of action or remedy
that has accrued or will accrue to the other party.
34.4 Notwithstanding the above, the Employer may terminate the
Contract for convenience.
34.5 If the Contract is terminated, the Contractor is to stop work
immediately, make the Site safe and secure and hand over the Site
to the Employer as soon as reasonably possible.
35. Payment upon 35.1 If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Engineer shall issue a certificate for the
value of the work done and Plant and Materials ordered less advance
payments received up to the date of the issue of the certificate and less
the percentage to apply to the value of the work not completed, as
indicated in the SCC.. Additional Liquidated Damages shall not apply.
If the total amount due to the Employer exceeds any payment due to
the Contractor, the difference shall be a debt payable to the Employer.
35.2 If the Contract is terminated for the Employer’s convenience or
because of a fundamental breach of Contract by the Employer, the
Contractor shall be entitled to payments for completed works and the
materials that have been brought to the site for the purpose of the
works, but not used as certified by the Engineer after adjusting any
payments received by the Contractor.
36. Release from 36.1 If the Contract is frustrated by the outbreak of war or by any other event
Performance entirely outside the control of either the Employer or the Contractor, the
Engineer shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as
possible, after receiving this certificate. The Contractor shall be paid for
all works carried out before stoppage of work and any work carried out
afterwards to which a commitment was made.
37.1 For the purposes of this Contract, “Force Majeure” means an exceptional
37. Force Majeure
event or circumstance:
(a) which is beyond a Party’s control,
(b) which such Party could not reasonably have provided against
before entering into the Contract,
(c) which, having arisen, such Party could not reasonably have
avoided or overcome, and
(d) which is not substantially attributable to the other Party.
37.2 Force Majeure may include, but is not limited to, exceptional events
or circumstances of the kind listed below, so long as conditions (a) to
(d) above are satisfied:
21
Section 6. Special Conditions of Contract
Instructions for completing the Special Conditions of Contract are provided, as needed, in the notes in
italics mentioned for the relevant GCC Clauses.3
Clause 37.3
Amendments However,
of, and force majeure
Supplements shall not include
to, Clauses in the the following;
General Conditions of
Contract
Ref i. rainfall
ii. snowfall
GCC 2.2(i) The additional documents forming part of this Contract are:
[No additional document.]
GCC 5.1 The Engineer shall obtain specific approval of the Employer before taking any of the
following actions:
GCC 15.1 For insurance purposes the type of cover required shall be: The contractor shall be
responsible for the insurance [not applicable]
GCC 16.1 Possession of the site shall be within [7] days from the date of signing of the Contract.
GCC 17.1 Commencement of work shall be within [1] days from the date of handing over
possession of the Site.
GCC 18.1 Completion of works shall be within [30/06/2015] 150days days from the date of
commencing the works on the site.
GCC 19.1 The Contractor shall submit the first work plan [not applicable days after signing the
Contract, and shall update the work plan every [not applicable weeks during the
& 19.2 22
period of the Contract.[Not applicable]
GCC 22.1 [Enter here the agreed rates for non-scheduled items of work if known, if not known
then make the statement “The rates for non-scheduled items of works shall be
Section 7 – Contract Forms
This section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after Contract award.
Contract Forms
Form Title
23
Form-1
Notification of Award
To:
This is to notify you that your Bid dated [insert date] for the execution of the Works for [name of project /
Contract] for the Contract Price of Nu [amount in figures and in words], as corrected and modified in
accordance with the Instructions to bidder is hereby accepted by [name of the Employer].
You are requested to proceed with the execution of the Works on the basis that this Notification of Award
shall constitute the formation of a Contract, which shall become binding upon you furnishing a Performance
Security within fourteen (14) days, in accordance with ITB Clause 32, and the signing the Contract
Agreement within twenty-one (21) days, in accordance with ITB Clause 33.
We attach the Contract Agreement and Special Conditions of Contract for your perusal
and signature.
Signed
Date:
24
Form-2
Contract Agreement
THIS AGREEMENT, made the [day] of [month] [year] between [name and address of Employer] (hereinafter called “the
Employer”) of the one part and [name and address of Contractor] (hereinafter called “the Contractor”) of the other part.
WHEREAS, the Employer invited Tenders for certain Works, viz, [brief description of the Works] and has accepted a
Tender by the Contractor for the execution of those works in the sum of Ngultrum [insert amount in figures and words],
hereinafter called “the Contract Price.
1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them
in the General Conditions of Contract hereinafter referred to.
2. The documents forming the Contract shall be interpreted in the following order of priority:
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the
Contractor hereby covenants with the Employer to execute and complete the Works and to remedy any defects
therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the
Works and the remedying of defects therein, the Contract Price or such other sum as may become payable
under the provisions of the Contract at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the Parties thereto have caused this Agreement to be executed in accordance with the
laws of Bhutan on the day month and year first before written.
Signature
Print Name
Title
In the presence of
(Name)
Address
25
Form-3
To:
We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has undertaken,
pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the
Contract”), the execution of works [description of works] under the Contract.
At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Nu [insert amount in figures and in words]
upon receipt by us of your first written demand accompanied by a written statement that the Contractor is in
breach of its obligation(s) under the Contract conditions, without you needing to prove or show grounds or
reasons for your demand of the sum specified therein.
This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-
mentioned office any demand for payment under this guarantee on or before that date.
Signature Signature
26
Form-4
To:
We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has undertaken,
pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the
Contract”), the execution of works [description of works] under the Contract.
Furthermore, we understand that, according to your conditions, Advance Payments must be supported by a
bank guarantee.
At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Nu. [insert amount in figures and in words]
upon receipt by us of your first written demand accompanied by a written statement that the Contractor is in
breach of its obligation(s) under the Contract conditions, without you needing to prove or show grounds or
reasons for your demand of the sum specified therein.
We further agree that no change, addition or other modification of the terms of the Contract to be performed,
or of any of the Contract documents which may be made between the Employer and the Contractor, shall in
any way release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-
mentioned office any demand for payment under this guarantee on or before that date.
Signature Signature
27
Section 8 Bill of Quantities (BoQ)
(BILL OF QUANTITIES FOR LANDSCAPING,LAWN DEVELOPMENT AND FENCING OF THIMPHU VALLEY
UNDER GREEN BHUTAN PROGRAM:PHASE II)
Sl. Particulars % No Area L W H Qty Unit Rate Amount
No msq (Nu.) (Nu.)
1 Clearing unwanted
grass, shaping of
bushes by pruning
unwanted
branches, including
removal of rubbish
within 50m of site
Samtenling Tri 0.5 4780 2390.00
junction
Double Zig 1 693 693.00
Motithang 1 2128 2128.00
Motithang Plot 2 0.3 2012 603.60
Motithang 3 0.4 5109 2043.60
Olarongchu 0.6 43476 26085.60
Opposite Truck 0.2 4673 934.60
Parking
34878.40 sq.
m
Earth work in
excavation over
areas by Dozer
including levelling
and dressing
Motithang Plot 1 0.5 6130 3065.00 cu.
m
2 Earth Work
Earth work in
surface excavation,
depth <300mm,
width >1.5m, area
>10 Sq.m in plan,
including leveling,
filling in depression
and collection of
inequalaties;
disposal of rubbish
within 50m lead &
1.5m lift
Above MOIC 0.5 407 203.5
Below JNLSS, 1 326 326
Motithang
Motithang Plot 1 1 6130 6130
Near DNP 1 1168 1168
Samtenling Road 0.5 2896 1448
side
28
Near Kuensel 1 972 972
Opposite MoFA 0.5 4364 2182
12430 sqm
3 Laying dry earth
bedding(filling in
depression),
including levelling
and dressing
Above MOIC 0.5 407 2.00 407
Below Memorial 0.7 7564 0.30 1588
Chorten
Outside Ministers' 1 957 1.00 957
Enclave
Samtenling Road 0.5 2896 0.30 434
side
Near BOD, Olakha 1 1355 0.15 203
Near Pelkhil Zam 1 1448 0.15 217
Opposite MoFA 0.5 4364 0.15 327
Labour cost 0.5 4135 cum
Providing soil 0.5 4135 cum
4 Surface dressing of
ground, including
racking, leveling ,
removal of
unwanted
vegetations,
pebbles, stones and
inequalities <
150mm deep,
application of
organic manure
15mm thick, sowing
of lawn grass seeds
@25gm per sq.m,
disposal of rubbish
within 50m lead
and 1.5m lifts(lawn
grass seeds will be
provided by
management of
GBP)
Above MOIC 1 407 407
Below JNLSS 1 326 326
Below Memorial 1 7564 7564
Chorten
Motithang Plot 1 1 6130 6130
Motithang Plot 4 1 946 946
Near DNP 1 1168 1168
Near Kuensel 1 972 972
29
Outside Ministers' 1 957 957
Enclave
Road side 1 2896 2896
Samtenling
Near BOD, Olakha 1 1355 1355
Near Pelkhil Zam 1 1448 1448
Opp. MoFA 1 4364 4364
28533 sqm
5 Fencing
Excavation in
foundation trenches
for fixing wooden
posts 350mm girth
@ 3x3 m spacing
not exceeding 1.5m
in width or area 10
sq.m on plan,
including dressing &
ramming ,disposal
of surplus soil within
50m lead & 1.5m lif
Foundation trench
Motithang Plot 1 216 0.375 0.375 0.40 12
-647m,round
Motithang Plot 2 80 0.375 0.375 0.40 5
-241m,round
Motithang Plot 4 84 0.375 0.375 0.40 5
-251m,round
Above MOIC,129 m, 43 0.375 0.375 0.40 2
round
Below 27 0.375 0.375 0.40 2
JNLSS,82m,round
Below Memorial 395 0.375 0.375 0.40 22
Chorten,1184 m,
two sides each
Near DNP,228 m, 76 0.375 0.375 0.40 4
round
Near Kuensel,278 m, 93 0.375 0.375 0.40 5
round
Near BOD Olakha, 2 92 0.375 0.375 0.40 5
sides,115 m
Opposite MoFA 1 133 0.375 0.375 0.40 7
side,400m
Near Pelkhii; Zam,
round,134 m 44 0.375 0.375 0.40 2
Ordinary Soil 1283 69.69 Cum
30
Fixing G.I welded
mesh including
loading/unloading
of mesh from
stockyard, dressing
of posts, fixing of
post or struts, G.I
staples, coal tarring
ballies complete
(excluding the cost
of posts/struts,
earthwork,
concrete) (Welded
Mesh will be
provided by the
project
Management
Motithang Plot 1 216 3.00 1.00 648.00
-647 m, round
Motithang Plot 2 80 3.00 1.00 240.00
-241 m, round
Motithang Plot -4, 84 3.00 1.00 252.00
251,round
Above MOIC,129 m, 43 3.00 1.00 129.00
round
Below JNLSS,82 m, 27 3.00 1.00 81.00
round
Below Memorial 395 3.00 1.00 1185.00
Chorten,1184 m,
two sides each
Near DNP,228 m, 76 3.00 1.00 228.00
round
Near Kuensel,278 m, 93 3.00 1.00 279.00
round
Near BOD Olakha, 2 92 3.00 1.00 276.00
sides,115 m
Near Pelkhi; Zam,
round,134 m 44 3.00 1.00 132.00
Opposite MoFA 1 133 3.00 1.00 399.00
side, 400m
3849.00 sqm
Total Nu
Notes on Drawings
31
Insert here a list of Drawings. The actual Drawings, including site plans, should be
attached to this section or annexed in a separate folder. The Drawings shall be dated,
numbered and show the revision number.
32