200 Buses Bid Document
200 Buses Bid Document
200 Buses Bid Document
Procurement of Goods
1
Index of Contents 2
Index of Contents
The Ministry of Transport and Aviation (MTA) is in the process of revamping the national
public transportation system by providing city & inert-city buses, tow-trucks, mobile
workshops and spare parts to the country’s public transportation sector. The buses shall be
utilised for the fleet renewal business plan of the SLRTC. The buses shall be deployed to run
inter-city and international routes including Bo, Kenema, Makeni, Koidu, Monrovia and
Conakry.
The (MTA) is desirous to seek the services of suitable companies to supply these buses and
ancillary equipment on a pre-financing basis to the Government of Sierra Leone using
International Competitive Bidding (ICB) procedures.
Bidding is open to all suppliers/manufacturers who can demonstrate the financial capacity
with experience to supply the required fleet on a pre-finance basis to the Government of
Sierra Leone.
Interested bidders may obtain further information at the address below between the hours of
10:00A.M and 4:00P.M from Monday to Friday. The Bidding document may be purchased
upon payment of a non – refundable fee of One Million Leones (Le. 1,000, 000). Payment
for the bidding document must be made to the account below and the Bank slip presented to
the Accounts Unit of the Ministry of Transport and Aviation for issuance of the bidding
document by the Procurement Unit.
Bank of Sierra Leone, Siaka Stevens Street, Freetown, Sierra Leone
Imprest Account for Ministry of Transport and Aviation
Account No: 0112005047
BBAN No: 00025104 0500000001 011200504784 0269484
Bids must be delivered to the address below on or before Monday 14 th September, 2020
at 12:00 noon. All bids must be accompanied by:
A bid security of not less than Three Hundred and Eighty-Six Thousand
United States Dollars (U.S.$ 386,000) or Three Billion, Seven Hundred and
Seventy-Four Million Leones (S.L.L 3,774,000,000) from a reputable banking
institution . (Bid securities issued by foreign banking institutions must be
registered and certified by the Bank of Sierra Leone).
A pre-financing proposal with evidence of financial capability which should
match a minimum of the bidders bid price
Signed Bid Form, Price Schedule and Schedule of Requirement
A valid tax certificate from the National Revenue Authority (for local
bidders )
A Business Registration Certificate
3
Section I. Instructions to Bidders
Table of Clauses
4
Section I. Instructions to Bidders
A. Introduction..........................................................................................................................7
1. Source of Funds..................................................................................................................7
2. Eligible Bidders...................................................................................................................7
3. Eligible Goods and Services................................................................................................7
4. Cost of Bidding...................................................................................................................7
B. The Bidding Documents........................................................................................................8
5. Content of Bidding Documents..........................................................................................8
6. Clarification of Bidding Documents....................................................................................8
7. Amendment of Bidding Documents...................................................................................9
C. Preparation of Bids................................................................................................................9
8. Language of Bid..................................................................................................................9
9. Documents Constituting the Bid......................................................................................10
10. Bid Form.........................................................................................................................10
11. Bid Prices........................................................................................................................10
12. Bid Currencies................................................................................................................12
13. Documents Establishing Bidder’s Eligibility and Qualification.......................................12
14. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents...13
15. Bid Security.....................................................................................................................14
16. Period of Validity of Bids................................................................................................15
17. Format and Signing of Bid..............................................................................................16
D. Submission of Bids..............................................................................................................16
18. Sealing and Marking of Bids........................................................................................16
19. Deadline for Submission of Bids..................................................................................17
20. Late Bids......................................................................................................................17
21. Modification and Withdrawal of Bids.........................................................................17
E. Opening and Evaluation of Bids..........................................................................................18
22. Opening of Bids by the Purchaser...............................................................................18
23. Clarification of Bids......................................................................................................18
24. Preliminary Examination.............................................................................................18
25. Conversion to Single Currency....................................................................................19
26. Evaluation and Comparison of Bids.............................................................................20
27. Domestic Preference......................................................................................................24
28. Contacting the Purchaser...............................................................................................24
F. Award of Contract...............................................................................................................24
29. Post-qualification.........................................................................................................24
30. Award Criteria.............................................................................................................25
31. Purchaser’s Right to Vary at Time of Award...............................................................25
32. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids.............................26
33. Notification of Award..................................................................................................26
34. Signing of Contract......................................................................................................26
35. Performance Security..................................................................................................26
36. Fraud and Corruption..................................................................................................27
5
Section I. Instructions to Bidders
6
Section I. Instructions to Bidders
A. Introduction
1. Source of Funds
1.1 The Purchaser named in the Bid Data Sheet has an approved budget from
Government funds towards the cost of the procurement specified in the Bid Data
Sheet, and intends to apply a portion of the funding to eligible payments under a
contract for which this Invitation for Bids is issued.
2. Eligible Bidders
2.1 This Invitation for Bids is open to all suppliers from eligible source countries
except as provided hereinafter.
2.2 Bidders should not be associated, or have been associated in the past,
directly or indirectly, with a firm or any of its affiliates which have been engaged by
the Purchaser to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the goods to
be purchased under this Invitation for Bids.
2.3 Bidders shall not be under a declaration of suspension for corrupt and
fraudulent practices as issued by the Government in accordance with ITB Clause
36.1.
3.2 For purposes of this clause, “origin” means the place where the goods are
mined, grown, or produced, or the place from which the related services are
supplied. Goods are produced when, through manufacturing, processing, or
substantial and major assembly of components, a commercially-recognised product
results that is substantially different in basic characteristics or in purpose or utility
from its components.
3.3 The origin of goods and services is distinct from the nationality of the Bidder.
4. Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its bid, and the Purchaser named in the Bid Data Sheet, hereinafter
referred to as “the Purchaser,” will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
7
Section I. Instructions to Bidders
5.2 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding documents. Failure to provide all information required
by the bidding documents or submission of a bid not substantially responsive to the
bidding documents in every respect will be at the Bidder’s risk and may result in the
rejection of its bid.
8
Section I. Instructions to Bidders
7.2 All prospective bidders that have received the bidding documents will be
notified of the amendment in writing and the amendment will be binding on them.
(a) a Bid Form and a Price Schedule completed in accordance with ITB
Clauses 10, 11, and 12;
10.2 Unless otherwise indicated in the Bid Data Sheet, alternative bids shall not be
considered.
9
Section I. Instructions to Bidders
11.2 Prices indicated on the Price Schedule shall be entered separately in the
following manner:
(a) For goods offered from within the Republic of Sierra Leone:
(i) the price of the goods quoted EXW (ex works, ex-factory, ex
warehouse, ex showroom, or off-the-shelf, as applicable), including all
customs duties and sales and other taxes already paid or payable:
(ii) any Republic of Sierra Leone sales and other taxes which will
be payable on the goods if the contract is awarded.
(iii) the price for inland transportation, insurance, and other local
costs incidental to delivery of the goods to their final destination, if
specified in the Bid Data Sheet.
(iv) the price of other (incidental) services, if any, listed in the Bid
Data Sheet.
(i) the price of the goods shall be quoted CIF named port of
destination, or CIP border point, or CIP named place of destination, in
the Republic of Sierra Leone, as specified in the Bid Data Sheet. In
quoting the price, the Bidder shall be free to use transportation
through carriers registered in any eligible countries. Similarly, the
Bidder may obtain insurance services from any eligible source
country.
(ii) the price of the goods quoted FOB port of shipment (or FCA, as
the case may be), if specified in the Bid Data Sheet.
(iii) the price of goods quoted CFR port of destination (or CPT as
the case may be), if specified in the Bid Data Sheet.
(iv) the price for inland transportation, insurance, and other local
costs incidental to delivery of the goods from the port of entry to their
final destination, if specified in the Bid Data Sheet.
10
Section I. Instructions to Bidders
(v) the price of other (incidental) services, if any, listed in the Bid
Data Sheet.
11.3 The terms EXW, CIF, CIP, etc., shall be governed by the rules prescribed in the
current edition of Incoterms published by the International Chamber of Commerce,
Paris.
11.4 The Bidder’s separation of price components in accordance with ITB Clause 11.2
above will be solely for the purpose of facilitating the comparison of bids by the
Purchaser and will not in any way limit the Purchaser’s right to contract on any of the
terms offered.
11.5 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of
the contract and not subject to variation on any account, unless otherwise specified
in the Bid Data Sheet. A bid submitted with an adjustable price quotation will be
treated as non-responsive and will be rejected, pursuant to ITB Clause 24. If,
however, in accordance with the Bid Data Sheet, prices quoted by the Bidder shall be
subject to adjustment during the performance of the contract, a bid submitted with
a fixed price quotation will not be rejected, but the price adjustment would be
treated as zero.
11.6 If bids are invited for individual contracts (lots) or for any combination of
contracts (packages), bidders wishing to offer any price reduction 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.
(a) For goods and services that the Bidder will supply from within the
Republic of Sierra Leone, the prices shall be quoted in Leones, unless
otherwise specified in the Bid Data Sheet.
(b) For goods and services that the Bidder will supply from outside the
Republic of Sierra Leone, the prices shall be quoted in any currency freely
convertible within the Republic of Sierra Leone. If the Bidder wishes to be
paid in a combination of amounts in different currencies, it may quote its
price accordingly but use no more than three foreign currencies.
11
Section I. Instructions to Bidders
12
Section I. Instructions to Bidders
(a) that, in the case of a Bidder offering to supply goods under the
contract which the Bidder did not manufacture or otherwise produce,
the Bidder has been duly authorised by the goods’ Manufacturer or
producer to supply the goods in the Republic of Sierra Leone;
(b) that the Bidder has the financial, technical, and production
capability necessary to perform the contract;
(c) that, in the case of a Bidder not doing business within the Republic
of Sierra Leone, the Bidder is or will be (if awarded the contract)
represented by an Agent in the Republic of Sierra Leone equipped and
able to carry out the Supplier’s maintenance, repair, and spare parts
stocking obligations prescribed in the Conditions of Contract and/or
Technical Specifications; and
(d) that the Bidder meets the qualification criteria listed in the Bid
Data Sheet.
14.2 The documentary evidence of the eligibility of the goods and services shall
consist of a statement in the Price Schedule of the country of origin of the goods and
services offered which shall be confirmed by a certificate of origin issued at the time
of shipment.
13
Section I. Instructions to Bidders
14.3 The documentary evidence of conformity of the goods and services to the
bidding documents may be in the form of literature, drawings, and data, and shall
consist of:
(b) a list giving full particulars, including available sources and current
prices of spare parts, special tools, etc., necessary for the proper and
continuing functioning of the goods for a period to be specified in the Bid
Data Sheet, following commencement of the use of the goods by the
Purchaser; and
14.4 For purposes of the commentary to be furnished pursuant to ITB Clause 14.3(c)
above, the Bidder shall note that standards for workmanship, material, and
equipment, as well as references to brand names or catalogue numbers designated
by the Purchaser in its Technical Specifications, are intended to be descriptive only
and not restrictive. The Bidder may substitute alternative standards, brand names,
and/or catalogue numbers in its bid, provided that it demonstrates to the
Purchaser’s satisfaction that the substitutions ensure substantial equivalence to
those designated in the Technical Specifications.
15.2 The bid security is required to protect the Purchaser against the risk of Bidder’s
conduct that would warrant the security’s forfeiture, pursuant to ITB Clause 15.7.
15.3 The bid security shall be denominated in the currency of the bid or in another
freely convertible currency, and shall be in one of the following forms:
15.4 Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be
rejected by the Purchaser as non-responsive, pursuant to ITB Clause 24.
14
Section I. Instructions to Bidders
15.6 The successful Bidder’s bid security will be discharged upon the Bidder signing
the contract, pursuant to ITB Clause 34, and furnishing the performance security,
pursuant to ITB Clause 35.
(a) withdraws its bid during the period of bid validity specified by the
Bidder on the Bid Form, or
(b) does not accept the correction of errors pursuant to ITB Clause 24.2;
or in the case of a successful Bidder, if the successful Bidder fails:
16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consent to
an extension of the period of validity. The request and the responses thereto shall
be made in writing. The bid security provided under ITB Clause 15 shall also be
suitably extended. A Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request will not be required nor permitted to modify
its bid, except as provided in ITB Clause 16.3.
16.3 In the case of fixed price contracts, if the award is delayed by a period
exceeding sixty (60) days beyond the expiry of the initial bid validity, the contract
price may be increased by a factor specified in the request for extension.
17.2 The original and the copy or copies of the bid shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons duly authorised
to bind the Bidder to the contract. All pages of the bid, except for unamended
printed literature, shall be initialled by the person or persons signing the bid.
15
Section I. Instructions to Bidders
17.3 Any interlineations, erasures, or overwriting shall be valid only if they are
initialled by the person or persons signing the bid.
17.4 The Bidder shall furnish information as described in the Form of Bid on
commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and
to contract execution if the Bidder is awarded the contract.
D. Submission of Bids
(a) Be addressed to the Purchaser at the address given in the Bid Data
Sheet; and
(b) Bear the Project name indicated in the Bid Data Sheet, the Invitation
for Bids (IFB) title and Procurement Number indicated in the Bid Data Sheet,
and a statement: “DO NOT OPEN BEFORE,” to be completed with the time
and the date specified in the Bid Data Sheet, pursuant to ITB Clause 22.1.
18.3 The inner envelopes shall also indicate the name and address of the Bidder to
enable the bid to be returned unopened in case it is declared “late.”
18.4 If the outer envelope is not sealed and marked as required by ITB Clause
18.2, the Purchaser will assume no responsibility for the bid’s misplacement or
premature opening
16
Section I. Instructions to Bidders
21.1 The Bidder may modify or withdraw its bid after the bid’s submission,
provided that written notice of the modification, including substitution or
withdrawal of the bids, is received by the Purchaser prior to the deadline prescribed
for submission of bids.
21.3 No bid may be modified after the deadline for submission of bids.
21.4 No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the
Bidder on the Bid Form. Withdrawal of a bid during this interval may result in the
Bidder’s forfeiture of its bid security, pursuant to ITB Clause 15.7.
22.2 The bidders’ names, bid modifications or withdrawals, bid prices, discounts, and
the presence or absence of requisite bid security and such other details as the
Purchaser, at its discretion, may consider appropriate, will be announced at the
opening. No bid shall be rejected at bid opening, except for late bids, which shall be
returned unopened to the Bidder pursuant to ITB Clause 20.
22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are not opened
and read out at bid opening shall not be considered further for evaluation,
irrespective of the circumstances.
17
Section I. Instructions to Bidders
24.3 The Purchaser may waive any minor informality, nonconformity, or irregularity
in a bid which does not constitute a material deviation, provided such waiver does
not prejudice or affect the relative ranking of any Bidder.
24.4 Prior to the detailed evaluation, pursuant to ITB Clause 26, the Purchaser will
determine the substantial responsiveness of each bid to the bidding documents. For
purposes of these Clauses, a substantially responsive bid is one that conforms to all
the terms and conditions of the bidding documents without material deviations.
Deviations from, or objections or reservations to critical provisions, such as those
concerning Bid Security (ITB Clause 15), Applicable Law (GCC Clause 31), and Taxes
and Duties (GCC Clause 33), will be deemed to be a material deviation. The
Purchaser’s determination of a bid’s responsiveness is to be based on the contents
of the bid itself without recourse to extrinsic evidence.
24.5 If a bid is not substantially responsive, it will be rejected by the Purchaser and
may not subsequently be made responsive by the Bidder by correction of the
nonconformity.
18
Section I. Instructions to Bidders
25.2 The currency selected for converting bid prices to a common base for the
purpose of evaluation, along with the source and date of the exchange rate, are
specified in the Bid Data Sheet.
26.2 The Purchaser’s evaluation of a bid will exclude and not take into account:
(b) in the case of goods of foreign origin offered from abroad, customs
duties and other similar import taxes which will be payable on the goods if
the contract is awarded to the Bidder; and
(c) any allowance for price adjustment during the period of execution of
the contract, if provided in the bid.
26.3 Price comparison shall be between the EXW price of the goods offered from
within the Republic of Sierra Leone, such price to include all costs, as well as duties
and taxes paid or payable on components and raw material incorporated or to be
incorporated in the goods, and the CIF named port of destination (or CIP border
point, or CIP named place of destination) price of the goods offered from outside the
Republic of Sierra Leone.
26.4 The Purchaser’s evaluation of a bid will take into account, in addition to the
bid price quoted in accordance with ITB Clause 11.2, one or more of the following
factors as specified in the Bid Data Sheet, and quantified in ITB Clause 26.5:
(a) cost of inland transportation, insurance, and other costs within the
Republic of Sierra Leone incidental to delivery of the goods to their final
destination.
(e) the availability in the Republic of Sierra Leone of spare parts and
after-sales services for the equipment offered in the bid;
19
Section I. Instructions to Bidders
(f) the projected operating and maintenance costs during the life of the
equipment;
(h) other specific criteria indicated in the Bid Data Sheet and/or in the
Technical Specifications.
26.5 For factors retained in the Bid Data Sheet pursuant to ITB 26.4, one or more
of the following quantification methods will be applied, as detailed in the Bid Data
Sheet:
Inland transportation, insurance, and other incidental costs for delivery of the
goods from EXW/port of entry/border point to Project Site named in the Bid
Data Sheet will be computed for each bid by the Purchaser on the basis of
published tariffs by the rail or road transport agencies, insurance companies,
and/or other appropriate sources. To facilitate such computation, the bidder
shall furnish in its bid the estimated dimensions and shipping weight and the
approximate EXW/CIF (or CIP border point) value of each package. The
above cost will be added by the Purchaser to EXW/CIF/CIP border point price.
(i) The Purchaser requires that the goods under the Invitation for
Bids shall be delivered (shipped) at the time specified in the Schedule
of Requirements. The estimated time of arrival of the goods at the
Project Site will be calculated for each bid after allowing for
reasonable international and inland transportation time. Treating the
bid resulting in the earliest time of arrival as the base, a delivery
“adjustment” will be calculated for other bids by applying a
percentage, specified in the Bid Data Sheet, of the EXW/CIF/CIP price
for each week of delay beyond the base, and this will be added to the
bid price for evaluation. No credit shall be given to early delivery.
or
(ii) The goods covered under this invitation are required to be
delivered (shipped) within an acceptable range of weeks specified in
the Schedule of Requirement. No credit will be given to earlier
deliveries, and bids offering delivery beyond this range will be treated
as non-responsive. Within this acceptable range, an adjustment per
week, as specified in the Bid Data Sheet, will be added for evaluation
to the bid price of bids offering deliveries later than the earliest
delivery period specified in the Schedule of Requirements.
or
20
Section I. Instructions to Bidders
(i) Bidders shall state their bid price for the payment schedule
outlined in the SCC. Bids will be evaluated on the basis of this base
price. Bidders are, however, permitted to state an alternative
payment schedule and indicate the reduction in bid price they wish to
offer for such alternative payment schedule. The Purchaser may
consider the alternative payment schedule offered by the selected
Bidder.
or
The SCC stipulate the payment schedule offered by the Purchaser. If a
bid deviates from the schedule and if such deviation is considered
acceptable to the Purchaser, the bid will be evaluated by calculating
interest earned for any earlier payments involved in the terms
outlined in the bid as compared with those stipulated in this
invitation, at the rate per annum specified in the Bid Data Sheet.
21
Section I. Instructions to Bidders
(e) Spare parts and after sales service facilities in the Republic of Sierra
Leone.
The cost to the Purchaser of establishing the minimum service facilities and
parts inventories, as outlined in the Bid Data Sheet or elsewhere in the
bidding documents, if quoted separately, shall be added to the bid price.
Since the operating and maintenance costs of the goods under procurement
form a major part of the life cycle cost of the equipment, these costs will be
evaluated in accordance with the criteria specified in the Bid Data Sheet or in
the Technical Specifications.
26.6 When bids are invited for individual lots and award of multiple contracts to
individual bidders is permitted, the methodology of evaluation and the application of
any conditional discounts to determine the award of contracts shall be specified in
the Bid Data Sheet.
22
Section I. Instructions to Bidders
28.2 Any effort by a Bidder to influence the Purchaser in its decisions on bid
evaluation, bid comparison, or contract award may result in the rejection of the
Bidder’s bid.
F. Award of Contract
29. Post-qualification
29.1 In the absence of pre-qualification, the Purchaser will determine to its
satisfaction whether the Bidder that is selected as having submitted the best-
evaluated responsive bid is qualified to perform the contract satisfactorily, in
accordance with the criteria listed in ITB Clause 13.3.
29.2 The determination will take into account the Bidder’s financial, and technical
capabilities. It will be based upon an examination of the documentary evidence of
the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 13.3, as
well as such other information as the Purchaser deems necessary and appropriate.
32. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids
32.1 The Purchaser 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 the affected Bidder or bidders.
23
Section I. Instructions to Bidders
33.2 The notification of award will constitute the formation of the Contract.
33.3 Upon the successful Bidder’s furnishing of the performance security pursuant
to ITB Clause 35, the Purchaser will promptly notify the name of the winning Bidder
to each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause
15.
33.4 If, after notification of award, a Bidder wishes to ascertain the grounds on
which its bid was not selected, it should address its request to the Purchaser. The
Purchaser will promptly respond in writing to the unsuccessful Bidder.
35.2 Failure of the successful Bidder to comply with the requirement of ITB Clause
34.2 or ITB Clause 35.1 shall constitute sufficient grounds for the annulment of the
award and forfeiture of the bid security, in which event the Purchaser may make the
award to the next best-evaluated Bidder or call for new bids.
(a) Defines, for the purposes of this provision, the terms set forth below
as follows:
24
Section I. Instructions to Bidders
(c) Will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a Government financed contract if it at any time
determines that the firm has engaged in corrupt, fraudulent, collusive or
coercive practices in competing for, or in executing, a Government financed
contract.
36.2 Furthermore, Bidders shall be aware of the provision stated in Clause 24.1 of
the GCC.
25
Section II. Bid Data Sheet 26
Introduction
ITB Clause 1.1 The Ministry of Transport and Aviation is desirous to seek the
services of a company to provide the goods and services required
on a pre-financing arrangement
Purchaser’s address, telephone, and facsimile numbers: 7th. Floor,
Youyi Building, Brookfield’s , Freetown, Sierra Leone
ITB Clause 1.1 Procurement Number: MTA/PMV/ICB/03/2020
ITB Clause 1.1 Procurement Title: Procurement of Two Hundred (200) Buses
ITB Clause 6.1 Clarification of Bid is required no later than One (1) week prior to
the deadline for submission of bids
Purchaser’s address, telephone, and facsimile numbers: 7 th. Floor,
Youyi Building, Brookfield’s , Freetown, Sierra Leone , +232-76-656-
159
ITB Clause 8.1 The Language of the Bid is English.
26
Section II. Bid Data Sheet 27
ITB Clause 11.2 (b) A separate price to facilitate inland transportation and other local
(iv) costs incidental to delivery of the goods to the final destination is
required
27
Section II. Bid Data Sheet 28
ITB Clause 15.1 The amount of Bid Security shall be not less than U.S.$ 386,000 or
Le. 3,774,000,000
ITB Clause 16.1 The period of bid validity shall be 120 days from the date of
deadline for submission of bids.
ITB Clause 17.1 In addition to the original of the bid, the number of copies required
is four (4)
ITB Clause 18.2 (a) The address for submission of bids is:
The Conference Room
Ministry of Transport and Aviation
7th. Floor, Youyi Building
Brookfields, Freetown.
ITB Clause 19.1 Deadline for submission of bids is 12:00 hours on Monday, 14th
September, 2020.
ITB Clause 22.1 The opening of bids shall take place at 12:15 hours on Monday 14th
September, 2020 at the Conference Room, Ministry of Transport
and Aviation, 7th Floor, Youyi Building, Brookfield, Freetown.
Bid Evaluation
ITB Clause 25.2 The common currency for evaluation purposes is Leones and all
bids in other currencies will be converted to Leones at the selling
exchange rate quoted by the Central Bank of Sierra Leone on the
date of the deadline for submission of bids.
28
Section II. Bid Data Sheet 29
ITB Clause 26.4 (h) In addition to the factors indicated the following will be taken into
account in determining the best-evaluated bid:
a) Soundness of the pre-financing proposal, and
b) A determination that the bidder can perform the contract
satisfactorily
ITB Clause 26.5 (b) The purchaser requires that the goods under the Invitation for Bids
shall be delivered at the time specified in the Schedule of
Requirements
ITB Clause 26.5 (c) The Special Conditions of Contract stipulate the payment schedule
offered by the Purchaser
ITB Clause 26.5 (d) The list of spares and equipment as annexed is attached detailing
the items to be supplied with the buses. The total cost of the items
at the unit prices will be added to the total bid price.
ITB Clause 29 Post Qualifications shall be carried out to determine whether the
lowest evaluated responsive bidder is qualified to perform the
contract effectively as follows:
i. A confirmation of the bidders experience in similar
supplies
ii. A determination of the soundness of the bidders
financial proposal to guarantee contract execution
Contract Award
ITB Clause 31.1
The percentage for quantity increase or decrease is fifteen percent
(15%).
29
Section III. Evaluation and Qualification Criteria 30
This Section contains all the criteria that the Purchaser shall use to evaluate bids and qualify
Bidders. In accordance with ITB 13, no other factors, methods or criteria shall be used. The
Bidder shall provide all the information requested in the forms included in Section VIII,
Sample Forms.
Evaluation Criteria and Methodology
1.1 Correction of Arithmetical Errors (In accordance with ITB 24.2)
(a) Where there are errors between the total of the amounts given under the column for the
price breakdown and the amount given under the Total Price, the former shall prevail and
the latter will be corrected accordingly
(b) If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted shall govern and the
unit price shall be corrected;
(d) If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
1. Qualification Criteria
30
Section III. Evaluation and Qualification Criteria 31
N.B.: This SBD for Procurement of Services assumes that no Prequalification has taken place
before bidding. However, if a Prequalification process is undertaken, the Qualification
Criteria stipulated in this Section III, Evaluation and Qualification Criteria must be updated to
ensure that the Bidder and any Subcontractors shall meet or continue to meet the Criteria
used at the time of Prequalification.
31
Section III. Evaluation and Qualification Criteria 32
2.1 Eligibility
Factor Requirement Single Entity Bidder Joint Venture, Consortium or Association Bidder
All Partners Combined Each Partner
2.1.2 Conflict of There must be no conflict of Must meet Existing or intended Must meet requirement
Interest interests (ITB 2.2) requirement JVCA must meet
requirement
2.1.3 Ineligibility Must not have been declared Must meet Existing JVCA must Must meet requirement
ineligible (ITB 2.3 & 36.1) requirement meet requirement
32
Section III. Evaluation and Qualification Criteria 33
33
Section III. Evaluation and Qualification Criteria 34
2.3.2 Average Annual Minimum average annual Must meet Must meet Must meet fifty percent 50 % of
Turnover turnover of Le. 20,000,000,000, requirement requirement the requirement
calculated as total certified
payments received for contracts
in progress or completed, within
the last 3 years
34
Section III. Evaluation and Qualification Criteria 35
35
Section III. Evaluation and Qualification Criteria 36
2.4 Experience
Factor Requirement Single Entity Bidder Joint Venture, Consortium or Association Bidder
All Partners Combined Each Partner
2.4.1 Experience as Supplier, in at Must meet Must meet Must meet requirement for one
least 3 contracts within the last requirement requirement for all characteristic
5 years, each with a value of at characteristics
least Le. 30,000,000,000 that
have been successfully and
substantially completed and
that are similar to the proposed
Goods and Related Services.
36
Section IV. General Conditions of Contract 37
1. Definitions.........................................................................................................................39
2. Application........................................................................................................................39
3. Country of Origin...............................................................................................................39
4. Standards..........................................................................................................................40
5. Use of Contract Documents and Information...................................................................40
6. Not Used............................................................................................................................40
7. Performance Security........................................................................................................40
8. Inspections and Tests........................................................................................................41
9. Not Used............................................................................................................................41
10. Delivery and Documents.................................................................................................41
11. Not used..........................................................................................................................41
12. Not used..........................................................................................................................41
13. Not used..........................................................................................................................41
14. Not used..........................................................................................................................41
15. Not used..........................................................................................................................41
16. Payment..........................................................................................................................41
17. Prices...............................................................................................................................42
18. Change Orders.................................................................................................................42
19. Contract Amendments....................................................................................................43
20. Assignment......................................................................................................................43
21. Subcontracts....................................................................................................................43
22. Delays in the Supplier’s Performance.............................................................................43
23. Liquidated Damages........................................................................................................43
24. Termination for Default..................................................................................................44
25. Force Majeure.................................................................................................................44
26. Termination for Insolvency.............................................................................................45
27. Termination for Convenience.........................................................................................45
28. Settlement of Disputes....................................................................................................45
29. Limitation of Liability.......................................................................................................46
30. Governing Language........................................................................................................46
31. Applicable Law................................................................................................................47
32. Notices.............................................................................................................................47
33. Taxes and Duties.............................................................................................................47
37
Section IV. General Conditions of Contract 38
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) “The Contract” means the agreement entered into between the Purchaser
and the Supplier, as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
(b) “The Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligations.
(c) “The Goods” means all of the equipment, machinery, commodities and/or
other materials.
(d) “The Services” means services that are contracted on the basis of
performance of measurable physical outputs (for example, maintenance of equipment
and office machines, surveys, exploratory drilling, aerial photography, catering services
and satellite imagery and similar).
(e) “GCC” means the General Conditions of Contract contained in this section.
(g) “The Purchaser” means the Procuring Entity purchasing the Services, as
named in the SCC.
(i) “The Supplier” means the individual or firm supplying the Services under this
Contract and named in SCC.
(j) “The Project Site,” where applicable, means the place or places named in
SCC.
2. Application
2.1 These General Conditions shall apply to the extent that they are not
superseded by provisions of other parts of the Contract.
3. Country of Origin
3.1 Services supplied under the Contract shall have their origin in eligible
countries and territories, as further elaborated in the SCC.
38
Section IV. General Conditions of Contract 39
4. Standards
4.1 The Services supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications.
5.2 The Supplier shall not, without the Purchaser’s prior written consent, make
use of any document or information enumerated in GCC Clause 5.1 except for
purposes of performing the Contract.
5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1
shall remain the property of the Purchaser and shall be returned (all copies) to the
Purchaser on completion of the Supplier’s performance under the Contract if so
required by the Purchaser.
39
Section IV. General Conditions of Contract 40
6. Not Used
40
Section IV. General Conditions of Contract 41
7. Performance Security
7.1 Within fourteen (14) days of receipt of the notification of Contract award, the
successful Bidder shall furnish to the Purchaser the performance security in the
amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the Purchaser
as compensation for any loss resulting from the Supplier’s failure to complete its
obligations under the Contract.
7.4 The performance security will be discharged by the Purchaser and returned
to the Supplier not later than thirty (30) days following the date of completion of the
Supplier’s performance obligations under the Contract, including any warranty
obligations, unless otherwise specified in SCC.
8.3 Should any inspected or tested Services fail to conform to the Specifications,
the Purchaser may require the Supplier make good the Services to meet specification
requirements free of cost to the Purchaser.
8.5 Nothing in GCC Clause 8 shall in any way release the Supplier from any
warranty or other obligations under this Contract.
41
Section IV. General Conditions of Contract 42
9. Not Used
16. Payment
16.1 The method and conditions of payment to be made to the Supplier under this
Contract shall be specified in SCC.
16.2 The Supplier’s request(s) for payment shall be made to the Purchaser in
writing, accompanied by an invoice describing, as appropriate, the Services performed,
and by documents submitted pursuant to GCC Clause 10, and upon fulfilment of other
obligations stipulated in the Contract.
16.3 Payments shall be made promptly by the Purchaser, but in no case later than
forty five (45) days after submission of an invoice or claim by the Supplier.
16.4 The currency or currencies in which payment is made to the Supplier under
this Contract shall be specified in SCC subject to the following general principle:
payment will be made in the currency or currencies in which the payment has been
requested in the Supplier’s bid.
42
Section IV. General Conditions of Contract 43
16.5 All payments shall be made in the currency or currencies specified in the SCC
pursuant to GCC 16.4.
17. Prices
17.1 Prices charged by the Supplier for Services performed under the Contract
shall not vary from the prices quoted by the Supplier in its bid, with the exception of
any price adjustments authorised in SCC or in the Purchaser’s request for bid validity
extension, as the case may be.
18.2 If any such change causes an increase or decrease in the cost of, or the time
required for, the Supplier’s performance of any provisions under the Contract, an
equitable adjustment shall be made in the Contract Price or delivery schedule, or both,
and the Contract shall accordingly be amended. Any claims by the Supplier for
adjustment under this clause must be asserted within thirty (30) days from the date of
the Supplier’s receipt of the Purchaser’s change order.
20. Assignment
20.1 The Supplier shall not assign, in whole or in part, its obligations to perform
under this Contract, except with the Purchaser’s prior written consent.
21. Subcontracts
21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded
under this Contract if not already specified in the bid. Such notification, in the original
bid or later, shall not relieve the Supplier from any liability or obligation under the
Contract.
43
Section IV. General Conditions of Contract 44
22.2 If at any time during performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely performance of
Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the
delay, its likely duration and its cause(s). As soon as practicable after receipt of the
Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion
extend the Supplier’s time for performance, with or without liquidated damages, in
which case the extension shall be ratified by the parties by amendment of Contract.
22.3 Except as provided under GCC Clause 25, a delay by the Supplier in the
performance of its obligations shall render the Supplier liable to the imposition of
liquidated damages pursuant to GCC Clause 23, unless an extension of time is agreed
upon pursuant to GCC Clause 22.2 without the application of liquidated damages.
(a) if the Supplier fails to perform any or all of the Services within the period(s)
specified in the Contract, or within any extension thereof granted by the
Purchaser pursuant to GCC Clause 22; or
(b) if the Supplier fails to perform any other obligation(s) under the Contract.
44
Section IV. General Conditions of Contract 45
24.2 In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GCC Clause 24.1, the Purchaser may procure, upon such terms and in such
manner as it deems appropriate, Services similar to those undelivered, and the
Supplier shall be liable to the Purchaser for any excess costs for such similar Services.
However, the Supplier shall continue performance of the Contract to the extent not
terminated.
25.2 For purposes of this clause, “Force Majeure” means an event beyond the
control of the Supplier and not involving the Supplier’s fault or negligence and not
foreseeable. Such events may include, but are not restricted to, acts of the Purchaser
in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions, and freight embargoes.
25.3 If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such condition and the cause thereof. Unless otherwise
directed by the Purchaser in writing, the Supplier shall continue to perform its
obligations under the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force Majeure
event.
45
Section IV. General Conditions of Contract 46
27.1 The Purchaser, by written notice sent to the Supplier, may terminate the
Contract, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the Purchaser’s convenience, the
extent to which performance of the Supplier under the Contract is terminated, and the
date upon which such termination becomes effective.
27.2 For the remaining Services, the Purchaser may elect to cancel the remainder
and pay to the Supplier an agreed amount for partially completed Services.
28.2 If, after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Purchaser or the Supplier may
give notice to the other party of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this matter may
be commenced unless such notice is given.
(a) the parties shall continue to perform their respective obligations under
the Contract unless they otherwise agree; and
(b) the Purchaser shall pay the Supplier any monies due the Supplier.
46
Section IV. General Conditions of Contract 47
32. Notices
32.1 Any notice given by one party to the other pursuant to this Contract shall be
sent to the other party in writing to the address specified in SCC.
32.2 A notice shall be effective when delivered or on the notice’s effective date,
whichever is later.
33.2 A local Supplier shall be entirely responsible for all taxes, duties, license fees, etc.,
incurred resulting from the contracted Services to the Purchaser.
47
Section V. Special Conditions of Contract 48
Table of Clauses
48
Section V. Special Conditions of Contract 49
The following Special Conditions of Contract shall supplement the General Conditions of
Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the
General Conditions of Contract. The corresponding clause number of the GCC is indicated in
parentheses.
GCC 1.1 (i)—The Supplier is: The lowest evaluated responsive bidder satisfactorily
qualified to perform the contract
GCC 1.1 (j)—The Project Site is: The Sierra Leone Road Transport Corporation, Kissy
Dockyard, Freetown.
The purchaser shall constitute a three man pre-shipment inspection team comprising
of technical people to confirm that the goods to be supplied met the minimum
technical specifications in the bidding document and the contract as follows:
i. Inspection and tests prior to shipment of the goods and at the final point of
acceptance for compliance with the specification
ii. Fitness test
The Purchaser shall conduct a pre-shipment inspection of the vehicles to confirm their
conformity with the technical specification. Any material deviation in the specifications
provided will not be accepted.
The cost for the five (5) man pre-shipment inspection shall be the responsibility of the
bidder and must be calculated and factored in the total bid price.
49
Section V. Special Conditions of Contract 50
The above documents shall be received by the Purchaser at least one week before
arrival of the Goods at the port or place of arrival and, if not received, the Supplier
will be responsible for any consequent expenses.
50
Section V. Special Conditions of Contract 51
(i) First (1st) instalment ((1/6) of the payment package) after six months operations
of the buses
(ii) Second (2nd) instalment ((1/6) of the payment package) after twelve months
operations of the buses
(iii) Third (3rd) instalment ((1/6) of the payment package) after eighteen months
operations of the buses
(iv) Fourth (4th) instalment ((1/6) of the payment package) after twenty-four
months operations of the buses
(v) Fifth (5th) instalment ((1/6) of the payment package) after thirty months
operations of the buses
(vi) Sixth (6th) instalment ((1/6) of the payment package) after thirty-six months
operations of the buses
51
Section V. Special Conditions of Contract 52
52
Section VI. Schedule of Requirements 53
Item
Description Quantity
No.
1 Inter State/Inter District Bus (Executive) 2
[51 Seats]
2 City Service Bus [45 Seats] 31
3 Inter District Buses [30 Seats] 30
4 City Buses [30 Seats plus Standing] 33
5 Inter District/State [53Seats] 15
6 Inter City Services Bus [45 Seats] 45
7 City Service Buses [20 Seater] Plus Standing 34
8 Inter Cities Buses [20 Seats] 10
Delivery Schedule
The delivery of the two hundred (200) buses shall be as follows:
First (1st) Delivery: One Hundred buses shall be manufactured and delivered with nine (9)
months of signing of contract and provision of a repayment guarantee by the Ministry of
Finance.
Second (2nd) Delivery: The remaining One Hundred (100) buses shall be manufactured
and delivered within fifteen (15) months after the signing of the contract
53
Section VIII. Sample Forms 54
55
Section VIII. Sample Forms
56
Section VIII. Sample Forms
57
Section VIII. Sample Forms
58
Section VIII. Sample Forms
and Rear
Wiper - Electrical Opposite Scrape Type wiper
Video Systems - MP3 player
Rear Monitoring System - LCD Reverse monitor, Electrical rear
view
mirror (defrosting)
A/C Systems - Roof mounted A/C 26000kcal/h
Defroster - YES
TYRES 10R22.5 with one spare
GRADEABILITY 20%
FUEL TANK CAPACITY 300 Litres
TURNNING RADIUS 21m
WINDSHIELD FRONT - Separated (with rubber felt for
ease of shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT REAR= None
SIDE compartment and overhead internal luggage carriage
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
External body advertising frames
Internal PA system mic
Cooler for soft drinks, water etc.
Wifi accessibility
Manual Ramp for disables
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
DISABLE FRIENDLY RAMPS Manual
59
Section VIII. Sample Forms
60
Section VIII. Sample Forms
61
Section VIII. Sample Forms
Defroster - YES
TYRES 11R22.5 with one spare
GRADEABILITY 20%
FUEL TANK CAPACITY 210 Litres
TURNNING RADIUS 11m
WINDSHIELD FRONT - Separated (with rubber felt for ease of
shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT Should be made available on both Left and Right sides of the bus
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
Disable friendly with manual operated ramps
External body advertising frames
Internal PA system mic
Wifi accessibility
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
62
Section VIII. Sample Forms
63
Section VIII. Sample Forms
64
Section VIII. Sample Forms
Defroster - YES
TYRES 11R22.5 with one spare
GRADEABILITY 20%
FUEL TANK CAPACITY 210 Litres
TURNNING RADIUS 11m
WINDSHIELD FRONT - Separated (with rubber felt for ease of
shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT Should be made available on both Left and Right sides of the bus
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
Disable friendly with manual operated ramps
External body advertising frames
Internal PA system mic
Wifi accessibility
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
65
Section VIII. Sample Forms
66
Section VIII. Sample Forms
67
Section VIII. Sample Forms
68
Section VIII. Sample Forms
69
Section VIII. Sample Forms
70
Section VIII. Sample Forms
and Rear
Wiper - Electrical Opposite Scrape Type wiper
Video Systems - MP3 player
Rear Monitoring System - LCD Reverse monitor, Electrical rear
view
mirror (defrosting)
A/C Systems - Roof mounted A/C 26000kcal/h
Defroster - YES
TYRES 10R22.5 with one spare
GRADEABILITY 20%
FUEL TANK CAPACITY 300 Litres
TURNNING RADIUS 21m
WINDSHIELD FRONT - Separated (with rubber felt for
ease of shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT REAR= None
SIDE compartment and overhead internal luggage carriage
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
External body advertising frames
Internal PA system mic
Cooler for soft drinks, water etc.
Wifi accessibility
Manual Ramp for disables
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
DISABLE FRIENDLY RAMPS Manual
71
Section VIII. Sample Forms
72
Section VIII. Sample Forms
73
Section VIII. Sample Forms
GRADEABILITY 20%
FUEL TANK CAPACITY 180 Litres
TURNNING RADIUS 9m
WINDSHIELD FRONT - Separated (with rubber felt for ease of
shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT None
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
Disable friendly with manual operated ramps
External body advertising frames
Internal PA system mic
Wifi accessibility
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
74
Section VIII. Sample Forms
75
Section VIII. Sample Forms
76
Section VIII. Sample Forms
GRADEABILITY 20%
FUEL TANK CAPACITY 250 Litres
TURNNING RADIUS 9m
WINDSHIELD FRONT - Separated (with rubber felt for ease of
shock)
WINDSHIELD REAR - Full
WINDOWS Sliding
COLOUR National Flag (Green ,White & Blue)
LUGGAGE COMPARTMENT Should be made available on both Left and Right sides of the Bus
TOW BAR Attached to front/back Chassis
Provision of charging ports for Ipads/phones
Disable friendly with manual operated ramps
External body advertising frames
Internal PA system mic
Wifi accessibility
FLEET MGT. SYSTEMS E – Ticketing and GPS control systems.
77
Section VIII. Sample Forms
78
Section VIII. Sample Forms
The Bidder shall complete and submit with its bid the Bid Form and Price Schedules
pursuant to ITB Clause 9 and in accordance with the requirements included in the bidding
documents.
When requested in the Bid Data Sheet, the Bidder should provide the Bid Security, either
in the form included hereafter or in another form acceptable to the Purchaser, pursuant
to ITB Clause 15.3.
The Contract Form, when it is finalised at the time of contract award, should incorporate
any corrections or modifications to the accepted bid resulting from price corrections
pursuant to ITB Clause 16.3 and GCC Clause 17, acceptable deviations (e.g., payment
schedule pursuant to ITB Clause 26.5 (c)), spare parts pursuant to ITB Clause 26.4 (d), or
quantity variations pursuant to ITB Clause 31. The Price Schedule and Schedule of
Requirements deemed to form part of the contract should be modified accordingly.
The Performance Security Form and Bank Guarantee Form for Advance Payment should
not be completed by the bidders at the time of their bid preparation. Only the successful
Bidder will be required to provide performance security and bank guarantee for advance
payment in accordance with one of the forms indicated herein or in another form
acceptable to the Purchaser and pursuant to GCC Clause 7.3 and SCC 11, respectively.
The Eligibility and Qualification Form is to be completed, signed and dated by Bidder.
Place a tick mark [ ✔ ] against each statement to confirm that it is true and sign and date
the form where indicated.
The Bidder shall complete and submit with its bid the Integrity Pact
Both the Procurement Committee members and Evaluation Committee members should
complete the Declaration of Conflict of Interest form before performing their roles in a
procurement process.
Sample Forms
79
Section VIII. Sample Forms
80
Section VIII. Sample Forms
Gentlemen:
Having examined the bidding documents including Addenda Nos. [insert numbers], the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and
deliver [description of goods and services] in conformity with the said bidding documents for
the sum of [total bid amount in words and figures] or such other sums as may be
ascertained in accordance with the Schedule of Prices attached herewith and made part of
this Bid.
We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements and to provide a performance security
in the form, in the amounts, and within the times specified in the Bidding Documents.
We agree to abide by this Bid for the Bid Validity Period specified in Clause 16.1 of the Bid
Data Sheet and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to contract execution if we are awarded the contract, are listed below:
81
Section VIII. Sample Forms
Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
We certify/confirm that we comply with the eligibility requirements as per ITB Clause 2 of
the bidding documents.
82
Section VIII. Sample Forms 83
1 2 3 4 5 6 7 8 9
1 1 1
Item Description Country Quantity Unit price FOB or Unit price CIF port Total CIF or CIP Unit price of Total Cost
of FCA port or place of entry (specify price per item inland delivery Duties and
origin of loading port) or CIP named (col. 4 x 6) to final Taxes
(specify port or place destination and
2
place) (specify border unit price of
point or place of other incidental
destination) services3
Price Schedule for Goods Offered from within the Republic of Sierra Leone
1 2 3 4 5 6 7 8 9
Ite Description Country Quantity Unit price1 Cost of local Total Unit prices1 per item Sales and other
m of origin EXW per labour, raw price final destination and taxes payable if
item material, and EXW per unit price of other Contract is
component2 item incidental services3 awarded
(cols. 4
x 5)
1. Currencies to be used in accordance with Clause 12 of the Instructions to Bidders. The price shall include all customs duties and sales and other taxes already paid or
payable on the components and raw material used in the manufacture or assembly of the item or the customs duties and sales and other taxes paid on the previously
imported item offered ex warehouse, ex showroom, or off-the-shelf. These factors should not be entered separately.
2. Indicated as a percentage of the EXW price.
3. Optional and only when required in accordance with Clause 11.2 (a)(iii) and (iv) in the Instructions to Bidders and the related provisions in the Bid Data Sheet.
Note: In the case of discrepancy between the unit price and the total, prices shall be adjusted by the Purchaser in accordance with the provisions of Clause 24.2 of the
Instructions to Bidders.
84
Section VIII. Sample Forms 85
Whereas [name of the Bidder] (hereinafter called “the Bidder”) has submitted its bid dated
[date of submission of bid] for the supply of [name and/or description of the goods]
(hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that We [name of bank] of [name of country], having
our registered office at [address of bank] (hereinafter called “the Bank”), are bound unto
[name of Purchaser] (hereinafter called “the Purchaser”) in the sum of [amount] for which
payment well and truly to be made to the said Purchaser, the Bank binds itself, its
successors, and assigns by these presents. Sealed with the Common Seal of the said Bank
this _____ day of ____________ 20____.
1. If the Bidder
(a) withdraws its Bid during the period of bid validity specified by the Bidder on the
Bid Form; or
(b) does not accept the correction of errors in accordance with the Instructions to
Bidders; or
2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser
during the period of bid validity:
we undertake to pay to the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided that in
its demand the Purchaser will note that the amount claimed by it is due to it, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of
bid validity, and any demand in respect thereof should reach the Bank not later than the
above date.
3. Contract Form
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of
Purchaser] of the Republic of Sierra Leone (hereinafter called “the Purchaser”) of the one
part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the
Supplier”) of the other part:
WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief
description of goods and services] and has accepted a bid by the Supplier for the supply of
those goods and services in the sum of [contract price in words and figures] (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 Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz.:
(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract;
(f) the Purchaser’s Notification of Award;
(g) the Eligibility and Qualification Criteria; and
(h) the Integrity Pact;
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision
of the goods and services 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 hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
86
Section VIII. Sample Forms
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as
security for compliance with the Supplier’s performance obligations in accordance with the
Contract.
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of
the Supplier, up to a total of [amount of the guarantee in words and figures], and we
undertake to pay you, upon your first written demand declaring the Supplier to be in default
under the Contract and without cavil or argument, any sum or sums within the limits of
[amount of guarantee] as aforesaid, without your needing to prove or to show grounds or
reasons for your demand or the sum specified therein.
[address]
[date]
87
Section VIII. Sample Forms
[name of Contract]
Gentlemen:
In accordance with the payment provision included in the Special Conditions of Contract,
which amends Clause 16 of the General Conditions of Contract to provide for advance
payment, [name and address of Supplier] (hereinafter called “the Supplier”) shall deposit
with the Purchaser a bank guarantee to guarantee its proper and faithful performance
under the said Clause of the Contract in an amount of [amount of guarantee in figures and
words].
We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally
and irrevocably to guarantee as primary obligator and not as surety merely, the payment to
the Purchaser on its first demand without whatsoever right of objection on our part and
without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in
figures and words].
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed thereunder or of any of the Contract documents which may be
made between the Purchaser and the Supplier, shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change, addition, or
modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
received by the Supplier under the Contract until [date].
Yours truly,
[address]
[date]
88
Section VIII. Sample Forms
WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of
[name and/or description of the goods] having factories at [address of factory]
do hereby authorise [name and address of Agent] to submit a bid, and subsequently
negotiate and sign the Contract with you against Procurement No. [reference of the
Invitation to Bid] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 15 of the General
Conditions of Contract for the goods offered for supply by the above firm against this
Invitation for Bids.
Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a
person competent and having the power of attorney to bind the Manufacturer. It should be included by the
Bidder in its bid.
89
Section VIII. Sample Forms 90
The statements in this form are true and accurately reflect my eligibility and qualification.
91
Section VIII. Sample Forms
8. To ensure that employees or staff obtain approval prior to accepting any position to
serve on a board of directors, an advisory board or on a committee of any entity.
9. That no employee/staff may obtain any personal material benefit or favour because
of his or her position with the enterprise/organization.
10. That no employee/staff may have financial interest (indirect ownership, direct
ownership or otherwise) in a company whose business/operations relate to his/her
post, functions held or otherwise supervised in his/her current employment.
11. To closely monitor and regulate actual or potential conflict of interests, occasioned
by the influence of certain social relationships on the objectivity of the
employee/staff in making dispassionate judgment on behalf of the
enterprise/organization.
THE PARTIES HEREBY demonstrate their pledge and commitment to the above
Principles by signing hereunder on the day and year above first written
AND THEY FURTHER DECLARE that this pledge shall have the same binding
effect as
any policy instrument that the parties use in the management of their business/entity.
SIGNATURE ……………………………………..…DATE:…………………………..
(PROCURING ENTITY)
In the presence of:-
Name:………………………………………………
Address:…………………………………………
Designation:……………………………………
SIGNATURE ……………………………………..…DATE:…………………………..
SIGNATURE ……………………………………..…DATE:…………………………..
(BIDDER)
In the presence of:-
Name:………………………………………………
Address:…………………………………………
Designation:……………………………………
92
Section VIII. Sample Forms
SIGNATURE ……………………………………..…DATE:…………………………..
PROCUREMENT COMMITTEE
Declaration: Have you or your partner any financial or other interest in any relevant
commercial entities intending to do business with the ( Name of Procuring Entity)
which may be considered as constituting a real, potential or apparent conflict of
interest?
Yes No
93
Section VIII. Sample Forms
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
I hereby declare that disclosed information is correct and that no other situation of
real, potential or apparent conflict of interest is known to me. I undertake to inform
you of any change in these circumstances, including if an issue arises during the
course of my term.
Signature Date
Name Designation
94