SPD-RFB Drive Vehicles
SPD-RFB Drive Vehicles
SPD-RFB Drive Vehicles
Goods
(One-Envelope Bidding Process)
Table of Contents
PART 1 – Bidding Procedures ............................................................................................... 3
Section I - Instructions to Bidders .............................................................................................5
Section II - Bid Data Sheet (BDS) ...........................................................................................35
Section III - Evaluation and Qualification Criteria ..................................................................41
Section IV - Bidding Forms .....................................................................................................45
Section V - Eligible Countries .................................................................................................65
Section VI - Fraud and Corruption ..........................................................................................67
Contents
A. General ............................................................................................................................... 7
1. Scope of Bid ...................................................................................................................7
2. Source of Funds .............................................................................................................7
3. Fraud and Corruption .....................................................................................................8
4. Eligible Bidders .............................................................................................................8
5. Eligible Goods and Related Services ...........................................................................11
A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice, Request
for Bids (RFB), specified in the Bid Data Sheet (BDS), the
Purchaser, as specified in the BDS, issues this bidding
document for the supply of Goods and, if applicable, any
Related Services incidental thereto, as specified in Section
VII, Schedule of Requirements. The name, identification and
number of lots (contracts) of this RFB are specified in the
BDS.
1.2 Throughout this bidding document:
(a) the term ―in writing‖ means communicated in written
form (e.g. by mail, e-mail, fax, including if specified
in the BDS, distributed or received through the
electronic-procurement system used by the Purchaser)
with proof of receipt;
(b) if the context so requires, ―singular‖ means ―plural‖
and vice versa; and
(c) ―Day‖ means calendar day, unless otherwise specified
as ―Business Day‖. A Business Day is any day that is
an official working day of the Borrower. It excludes
the Borrower‘s official public holidays.
3. Fraud and 3.1 The Bank requires compliance with the Bank‘s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG‘s Sanctions
Framework, as set forth in Section VI.
3.2 In further pursuance of this policy, Bidders shall permit and
shall cause their agents (where declared or not),
subcontractors, subconsultants, service providers, suppliers,
and personnel, to permit the Bank to inspect all accounts,
records and other documents relating to any initial selection
process, prequalification process, bid submission, proposal
submission, and contract performance (in the case of
award), and to have them audited by auditors appointed by
the Bank.
4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned
enterprise or institution subject to ITB 4.6, or any combination
of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. In the case of a joint
venture, all members shall be jointly and severally liable for
the execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who
shall have the authority to conduct all business for and on
behalf of any and all the members of the JV during the
Bidding process and, in the event the JV is awarded the
Contract, during contract execution. Unless specified in the
BDS, there is no limit on the number of members in a JV.
4.2 A Bidder shall not have a conflict of interest. Any Bidder
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest for the
purpose of this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is
under common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or
Section I – Instructions to Bidders (ITB) 9
the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
subconsultants for any part of the Contract including related
Services.
4.5 A Bidder that has been sanctioned by the Bank, pursuant to
the Bank‘s Anti-Corruption Guidelines, in accordance with
its prevailing sanctions policies and procedures as set forth
in the WBG‘s Sanctions Framework as described in Section
VI paragraph 2.2 d., shall be ineligible to be prequalified
for, initially selected for, bid for, propose for, or be awarded
a Bank-financed contract or benefit from a Bank-financed
contract, financially or otherwise, during such period of time
as the Bank shall have determined. The list of debarred
firms and individuals is available at the electronic address
specified in the BDS.
4.6 Bidders that are state-owned enterprises or institutions in the
Purchaser‘s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are
not under supervision of the Purchaser.
4.7 A Bidder shall not be under suspension from Bidding by the
Purchaser as the result of the operation of a Bid–Securing
Declaration or Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower‘s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such
exclusion does not preclude effective competition for the
supply of goods or the contracting of works or services
required; or (b) by an act of compliance with a decision of the
United Nations Security Council taken under Chapter VII of
the Charter of the United Nations, the Borrower‘s country
prohibits any import of goods or contracting of works or
services from that country, or any payments to any country,
person, or entity in that country.
4.9 A Bidder shall provide such documentary evidence of
eligibility satisfactory to the Purchaser, as the Purchaser shall
reasonably request.
4.10 A firm that is under a sanction of debarment by the Borrower
from being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower‘s request, is
satisfied that the debarment;
Section I – Instructions to Bidders (ITB) 11
5. Eligible Goods 5.1 All the Goods and Related Services to be supplied under
and Related the Contract and financed by the Bank may have their
Services origin in any country in accordance with Section V,
Eligible Countries.
5.2 For purposes of this ITB, the term ―goods‖ includes
commodities, raw material, machinery, equipment, and
industrial plants; and ―related services‖ includes services
such as insurance, installation, training, and initial
maintenance.
5.3 The term ―origin‖ means the country where the goods have
been mined, grown, cultivated, produced, manufactured or
processed; or, through manufacture, processing, or
assembly, another commercially recognized article results
that differs substantially in its basic characteristics from its
components.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids,
Bidding the Purchaser may amend the bidding document by issuing
Document addenda.
8.2 Any addendum issued shall be part of the bidding
document and shall be communicated in writing to all who
have obtained the bidding document from the Purchaser in
accordance with ITB 6.3. The Purchaser shall also
promptly publish the addendum on the Purchaser‘s web
page in accordance with ITB 7.1.
Section I – Instructions to Bidders (ITB) 13
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Purchaser
shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the Bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents
relating to the Bid exchanged by the Bidder and the
Purchaser, shall be written in the language specified in the
BDS. Supporting documents and printed literature that are
part of the Bid may be in another language provided they
are accompanied by an accurate translation of the relevant
passages into the language specified in the BDS, in which
case, for purposes of interpretation of the Bid, such
translation shall govern.
12. Letter of Bid and 12.1. The Letter of Bid and Price Schedules shall be prepared
Price Schedules using the relevant forms furnished in Section IV, Bidding
Forms. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted
except as provided under ITB 20.3. All blank spaces shall
be filled in with the information requested.
13. Alternative Bids 13.1. Unless otherwise specified in the BDS, alternative Bids
shall not be considered.
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter
Discounts of Bid and in the Price Schedules shall conform to the
requirements specified below.
14.2 All lots (contracts) and items must be listed and priced
separately in the Price Schedules.
14.3 The price to be quoted in the Letter of Bid in accordance
with ITB 12.1 shall be the total price of the Bid, excluding
any discounts offered.
14.4 The Bidder shall quote any discounts and indicate the
methodology for their application in the Letter of Bid, in
accordance with ITB 12.1.
14.5 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
BDS. A Bid submitted with an adjustable price quotation
shall be treated as nonresponsive and shall be rejected,
pursuant to ITB 29. However, if in accordance with the
BDS, prices quoted by the Bidder shall be subject to
adjustment during the performance of the Contract, a Bid
Section I – Instructions to Bidders (ITB) 15
15. Currencies of Bid 15.1 The currency(ies) of the Bid and the currency(ies) of
and Payment payments shall be the same. The Bidder shall quote in the
Section I – Instructions to Bidders (ITB) 17
16. Documents 16.1 To establish the eligibility of the Goods and Related
Establishing the Services in accordance with ITB 5, Bidders shall complete
Eligibility and the country of origin declarations in the Price Schedule
Conformity of the Forms, included in Section IV, Bidding Forms.
Goods and 16.2 To establish the conformity of the Goods and Related
Related Services Services to the bidding document, the Bidder shall furnish
as part of its Bid the documentary evidence that the Goods
conform to the technical specifications and standards
specified in Section VII, Schedule of Requirements.
16.3 The documentary evidence may be in the form of literature,
drawings or data, and shall consist of a detailed item by
item description of the essential technical and performance
characteristics of the Goods and Related Services,
demonstrating substantial responsiveness of the Goods and
Related Services to the technical specification, and if
applicable, a statement of deviations and exceptions to the
provisions of the Section VII, Schedule of Requirements.
16.4 The Bidder shall also furnish 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 during the period
specified in the BDS following commencement of the use
of the goods by the Purchaser.
16.5 Standards for workmanship, process, material, and
equipment, as well as references to brand names or
catalogue numbers specified by the Purchaser in the
Schedule of Requirements, are intended to be descriptive
only and not restrictive. The Bidder may offer other
standards of quality, brand names, and/or catalogue
numbers, provided that it demonstrates, to the Purchaser‘s
satisfaction, that the substitutions ensure substantial
equivalence or are superior to those specified in the Section
VII, Schedule of Requirements.
Establishing the Bidders shall complete the Letter of Bid, included in Section
Eligibility and IV, Bidding Forms.
Qualifications of 17.2 The documentary evidence of the Bidder‘s qualifications to
the Bidder perform the Contract if its Bid is accepted shall establish to
the Purchaser‘s satisfaction:
(a) that, if required in the BDS, a Bidder that does not
manufacture or produce the Goods it offers to supply
shall submit the Manufacturer‘s Authorization using the
form included in Section IV, Bidding Forms to
demonstrate that it has been duly authorized by the
manufacturer or producer of the Goods to supply these
Goods in the Purchaser‘s Country;
(b) that, if required in the BDS, in case of a Bidder not
doing business within the Purchaser‘s Country, the
Bidder is or will be (if awarded the Contract)
represented by an Agent in the country 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
(c) that the Bidder meets each of the qualification
criterion specified in Section III, Evaluation and
Qualification Criteria.
18. Period of Validity of 18.1. Bids shall remain valid until the date specified in the BDS or
Bids any extended date if amended by the Purchaser in accordance
with ITP 8. A Bid that is not valid until the date specified in
the BDS, or any extended date if amended by the Purchaser in
accordance with ITP 8, shall be rejected by the Purchaser as
nonresponsive.
18.2. In exceptional circumstances, prior to the expiry of the Bid
validity, the Purchaser may request Bidders to extend the
period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be
extended for a corresponding period. A Bidder may refuse
the request without forfeiting its Bid Security. A Bidder
granting the request shall not be required or permitted to
modify its Bid, except as provided in ITB 18.3.
18.3. If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial Bid validity period, the
Contract price shall be determined as follows:
(a) in the case of fixed price contracts, the Contract price
shall be the Bid price adjusted by the factor specified
Section I – Instructions to Bidders (ITB) 19
in the BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made;
(c) in any case, Bid evaluation shall be based on the Bid
price without taking into consideration the applicable
correction from those indicated above.
19. Bid Security 19.1. The Bidder shall furnish as part of its Bid, either a Bid-
Securing Declaration or a Bid Security, as specified in the
BDS, in original form and, in the case of a Bid Security, in
the amount and currency specified in the BDS.
19.2. A Bid Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3. If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security shall be a demand guarantee in any of the
following forms at the Bidder‘s option:
(a) an unconditional guarantee issued by a bank or non-
bank financial institution (such as an insurance,
bonding or surety company);
(b) an irrevocable letter of credit;
(c) a cashier‘s or certified check; or
(d) another security specified in the BDS,
from a reputable source, and an eligible country. If an
unconditional guarantee is issued by a non-bank financial
institution located outside the Purchaser‘s Country, the issuing
non-bank financial institution shall have a correspondent
financial institution located in the Purchaser‘s Country to
make it enforceable unless the Purchaser has agreed in
writing, prior to Bid submission, that a correspondent
financial institution is not required. In the case of a bank
guarantee, the Bid Security shall be submitted either using the
Bid Security Form included in Section IV, Bidding Forms, or
in another substantially similar format approved by the
Purchaser prior to Bid submission. The Bid Security shall be
valid for twenty-eight (28) days beyond the original date of
expiry of the Bid validity, or beyond any extended date if
requested under ITB 18.2.
19.4. If a Bid Security is specified pursuant to ITB 19.1, any Bid
not accompanied by a substantially responsive Bid Security
shall be rejected by the Purchaser as non-responsive.
19.5. If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security of unsuccessful Bidders shall be returned as
Section I – Instructions to Bidders (ITB) 20
20. Format and Signing 20.1 The Bidder shall prepare one original of the documents
of Bid comprising the Bid as described in ITB 11 and clearly mark
it ―ORIGINAL.‖ Alternative Bids, if permitted in accordance
with ITB 13, shall be clearly marked ―ALTERNATIVE.‖ In
addition, the Bidder shall submit copies of the Bid, in the
number specified in the BDS and clearly mark them ―COPY.‖
In the event of any discrepancy between the original and the
Section I – Instructions to Bidders (ITB) 21
22. Deadline for 22.1. Bids must be received by the Purchaser at the address and
Submission of Bids no later than the date and time specified in the BDS. When
so specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.
22.2. The Purchaser may, at its discretion, extend the deadline for
the submission of Bids by amending the bidding document
in accordance with ITB 8, in which case all rights and
obligations of the Purchaser and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as
extended.
23. Late Bids 23.1. The Purchaser shall not consider any Bid that arrives after
the deadline for submission of Bids, in accordance with
ITB 22. Any Bid received by the Purchaser after the
deadline for submission of Bids shall be declared late,
rejected, and returned unopened to the Bidder.
24. Withdrawal, 24.1. A Bidder may withdraw, substitute, or modify its Bid after
Substitution, and it has been submitted by sending a written notice, duly
Modification of Bids signed by an authorized representative, and shall include a
copy of the authorization (the power of attorney) in
accordance with ITB 20.3, (except that withdrawal notices
do not require copies). The corresponding substitution or
modification of the Bid must accompany the respective
written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20
and 21 (except that withdrawal notices do not require
copies), and in addition, the respective envelopes
shall be clearly marked ―WITHDRAWAL,‖
―SUBSTITUTION,‖ or ―MODIFICATION;‖ and
(b) received by the Purchaser prior to the deadline
Section I – Instructions to Bidders (ITB) 23
25. Bid Opening 25.1. Except as in the cases specified in ITB 23 and ITB 24.2, the
Purchaser shall, at the Bid opening, publicly open and read
out all Bids received by the deadline at the date, time and
place specified in the BDS in the presence of Bidders‘
designated representatives and anyone who chooses to attend
Any specific electronic Bid opening procedures required if
electronic bidding is permitted in accordance with ITB
22.1, shall be as specified in the BDS.
25.2. First, envelopes marked ―WITHDRAWAL‖ shall be opened
and read out and the envelope with the corresponding Bid
shall not be opened, but returned to the Bidder. If the
withdrawal envelope does not contain a copy of the ―power
of attorney‖ confirming the signature as a person duly
authorized to sign on behalf of the Bidder, the
corresponding Bid will be opened. No Bid withdrawal shall
be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and
is read out at Bid opening.
25.3. Next, envelopes marked ―SUBSTITUTION‖ shall be opened
and read out and exchanged with the corresponding Bid
being substituted, and the substituted Bid shall not be
opened, but returned to the Bidder. No Bid substitution
shall be permitted unless the corresponding substitution
notice contains a valid authorization to request the
substitution and is read out at Bid opening.
25.4. Next, envelopes marked ―MODIFICATION‖ shall be opened
and read out with the corresponding Bid. No Bid
modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request
the modification and is read out at Bid opening.
25.5. Next, all remaining envelopes shall be opened one at a
time, reading out: the name of the Bidder and whether there
is a modification; the total Bid Prices, per lot (contract) if
applicable, including any discounts and alternative Bids;
the presence or absence of a Bid Security, if required; and
Section I – Instructions to Bidders (ITB) 24
27. Clarification of Bids 27.1 To assist in the examination, evaluation, comparison of the
Bids, and qualification of the Bidders, the Purchaser may,
Section I – Instructions to Bidders (ITB) 25
28. Deviations, 28.1 During the evaluation of Bids, the following definitions
Reservations, and apply:
Omissions (a) ―Deviation‖ is a departure from the requirements
specified in the bidding document;
(b) ―Reservation‖ is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the bidding document; and
(c) ―Omission‖ is the failure to submit part or all of the
information or documentation required in the bidding
document.
29.3 The Purchaser shall examine the technical aspects of the Bid
submitted in accordance with ITB 16 and ITB 17, in
particular, to confirm that all requirements of Section VII,
Schedule of Requirements have been met without any
material deviation or reservation, or omission.
29.4 If a Bid is not substantially responsive to the requirements
of bidding document, it shall be rejected by the Purchaser
and may not subsequently be made responsive by
correction of the material deviation, reservation, or
omission.
31. Correction of 31.1 Provided that the Bid is substantially responsive, the
Arithmetical Errors Purchaser shall correct arithmetical errors on the following
basis:
(a) if there is a discrepancy between the unit price and
the line item total that is obtained by multiplying the
unit price by the quantity, the unit price shall prevail
and the line item total 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 line item total as quoted shall govern
and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the
Section I – Instructions to Bidders (ITB) 27
32. Conversion to Single 32.1 For evaluation and comparison purposes, the currency(ies)
Currency of the Bid shall be converted in a single currency as
specified in the BDS.
34. Evaluation of Bids 34.1 The Purchaser shall use the criteria and methodologies
listed in this ITB and Section III, Evaluation and
Qualification criteria. No other evaluation criteria or
methodologies shall be permitted. By applying the criteria
and methodologies, the Purchaser shall determine the Most
Advantageous Bid. This is the Bid of the Bidder that meets
the qualification criteria and whose Bid has been
determined to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.
34.2 To evaluate a Bid, the Purchaser shall consider the
following:
(a) evaluation will be done for Items or Lots (contracts),
as specified in the BDS; and the Bid Price as quoted
in accordance with ITB 14;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c) price adjustment due to discounts offered in
accordance with ITB 14.4;
(d) converting the amount resulting from applying (a) to
(c) above, if relevant, to a single currency in
accordance with ITB 32;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 30.3; and
Section I – Instructions to Bidders (ITB) 28
35. Comparison of Bids 35.1 The Purchaser shall compare the evaluated costs of all
substantially responsive Bids established in accordance
with ITB 34.2 to determine the Bid that has the lowest
evaluated cost. The comparison shall be on the basis of CIP
(place of final destination) prices for imported goods and
EXW prices, plus cost of inland transportation and
Section I – Instructions to Bidders (ITB) 29
36. Abnormally Low 36.1 An Abnormally Low Bid is one where the Bid price, in
Bids combination with other constituent elements of the Bid,
appears unreasonably low to the extent that the Bid price
raises material concerns with the Purchaser as to the
capability of the Bidder to perform the Contract for the
offered Bid price.
36.2 In the event of identification of a potentially Abnormally
Low Bid, the Purchaser shall seek written clarification from
the Bidder, including a detailed price analyses of its Bid
price in relation to the subject matter of the contract, scope,
delivery schedule, allocation of risks and responsibilities
and any other requirements of the bidding document.
36.3 After evaluation of the price analyses, in the event that the
Purchaser determines that the Bidder has failed to
demonstrate its capability to perform the contract for the
offered Bid price, the Purchaser shall reject the Bid.
37. Qualification of the 37.1 The Purchaser shall determine, to its satisfaction, whether
Bidder the eligible Bidder that is selected as having submitted the
lowest evaluated cost and substantially responsive Bid,
meets the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria.
37.2 The determination shall be based upon an examination of
the documentary evidence of the Bidder‘s qualifications
submitted by the Bidder, pursuant to ITB 17. The
determination shall not take into consideration the
qualifications of other firms such as the Bidder‘s
subsidiaries, parent entities, affiliates, subcontractors (other
than specialized subcontractors if permitted in the bidding
document), or any other firm(s) different from the Bidder.
37.3 Prior to Contract award, the Purchaser will verify that the
successful Bidder (including each member of a JV) is not
disqualified by the Bank due to noncompliance with
contractual SEA/SH prevention and response obligations. The
Purchaser will conduct the same verification for each
subcontractor proposed by the successful Bidder. If any
proposed subcontractor does not meet the requirement, the
Section I – Instructions to Bidders (ITB) 30
38. Purchaser’s Right to 38.1 The Purchaser reserves the right to accept or reject any Bid,
Accept Any Bid, and and to annul the Bidding process and reject all Bids at any
to Reject Any or All time prior to Contract Award, without thereby incurring
Bids any liability to Bidders. In case of annulment, all Bids
submitted and specifically, bid securities, shall be promptly
returned to the Bidders.
39. Standstill Period 39.1 The Contract shall not be awarded earlier than the expiry of
the Standstill Period. The Standstill Period shall be ten (10)
Business Days unless extended in accordance with ITB 44.
The Standstill Period commences the day after the date the
Purchaser has transmitted to each Bidder the Notification of
Intention to Award the Contract. Where only one Bid is
submitted, or if this contract is in response to an emergency
situation recognized by the Bank, the Standstill Period shall
not apply.
40. Notification of 40.1 The Purchaser shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder.
The Notification of Intention to Award shall contain, at a
minimum, the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
(c) the names of all Bidders who submitted Bids, and
their Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the
unsuccessful Bidder to whom the notification is
addressed) was unsuccessful, unless the price
information in c) above already reveals the reason;
(e) the expiry date of the Standstill Period;
(f) instructions on how to request a debriefing and/or
submit a complaint during the standstill period.
Section I – Instructions to Bidders (ITB) 31
F. Award of Contract
41. Award Criteria 41.1 Subject to ITB 38, the Purchaser shall award the Contract
to the Bidder offering the Most Advantageous Bid. The
Most Advantageous Bid is the Bid of the Bidder that meets
the qualification criteria and whose Bid has been
determined to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.
42. Purchaser’s Right to 42.1 At the time the Contract is awarded, the Purchaser reserves
Vary Quantities at the right to increase or decrease the quantity of Goods and
Time of Award Related Services originally specified in Section VII,
Schedule of Requirements, provided this does not exceed
the percentages specified in the BDS, and without any
change in the unit prices or other terms and conditions of
the Bid and the bidding document.
43. Notification of 43.1 Prior to the date of expiry of the Bid validity and upon
Award expiry of the Standstill Period, specified in ITB 39.1 or
any extension thereof, and upon satisfactorily addressing
any complaint that has been filed within the Standstill
Period, the Purchaser shall notify the successful Bidder, in
writing, that its Bid has been accepted. The notification of
award (hereinafter and in the Contract Forms called the
―Letter of Acceptance‖) shall specify the sum that the
Purchaser will pay the Supplier in consideration of the
execution of the Contract (hereinafter and in the
Conditions of Contract and Contract Forms called ―the
Contract Price‖).
43.2 Within ten (10) Business Days after the date of
transmission of the Letter of Acceptance, the Purchaser
shall publish the Contract Award Notice which shall
contain, at a minimum, the following information:
(a) name and address of the Purchaser;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their
Bid prices as read out at Bid opening, and as
evaluated;
(d) names of all Bidders whose Bids were rejected either
as nonresponsive or as not meeting qualification
criteria, or were not evaluated, with the reasons
Section I – Instructions to Bidders (ITB) 32
therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary
of its scope; and
(f) successful Bidder‘s Beneficial Ownership Disclosure
Form, if specified in BDS ITB 45.1.
43.3 The Contract Award Notice shall be published on the
Purchaser‘s website with free access if available, or in at
least one newspaper of national circulation in the
Purchaser‘s Country, or in the official gazette. The
Purchaser shall also publish the contract award notice in
UNDB online.
43.4 Until a formal Contract is prepared and executed, the Letter
of Acceptance shall constitute a binding Contract.
45. Signing of Contract 45.1 The Purchaser shall send to the successful Bidder the
Letter of Acceptance including the Contract Agreement,
and, if specified in the BDS, a request to submit the
Beneficial Ownership Disclosure Form providing
additional information on its beneficial ownership. The
Beneficial Ownership Disclosure Form, if so requested,
shall be submitted within eight (8) Business Days of
receiving this request.
45.2 The successful Bidder shall sign, date and return to the
Purchaser, the Contract Agreement within twenty-eight
(28) days of its receipt.
45.3 Notwithstanding ITB 45.2 above, in case signing of the
Contract Agreement is prevented by any export restrictions
attributable to the Purchaser, to the country of the
Purchaser, or to the use of the products/goods, systems or
services to be supplied, where such export restrictions arise
from trade regulations from a country supplying those
products/goods, systems or services, the Bidder shall not be
bound by its Bid, always provided however, that the Bidder
can demonstrate to the satisfaction of the Purchaser and of
the Bank that signing of the Contact Agreement has not
been prevented by any lack of diligence on the part of the
Bidder in completing any formalities, including applying
for permits, authorizations and licenses necessary for the
export of the products/goods, systems or services under the
terms of the Contract.
46. Performance 46.1 Within twenty-eight (28) days of the receipt of Letter of
Security Acceptance from the Purchaser, the successful Bidder, if
required, shall furnish the Performance Security in
accordance with the GCC 18, using for that purpose the
Performance Security Form included in Section X,
Contract Forms, or another Form acceptable to the
Purchaser. If the Performance Security furnished by the
successful Bidder is in the form of a bond, it shall be issued
by a bonding or insurance company that has been
determined by the successful Bidder to be acceptable to the
Purchaser. A foreign institution providing a bond shall
have a correspondent financial institution located in the
Purchaser‘s Country, unless the Purchaser has agreed in
writing that a correspondent financial institution is not
required.
46.2 Failure of the successful Bidder to submit the above-
Section I – Instructions to Bidders (ITB) 34
ITB A. General
Reference
ITB 1.1 The reference number of the Request for Bids (RFB) is : ET-MOA-ETH-
311250-GO-RFB
The Purchaser is: The Ministry of Agriculture
The name of the RFB is: Procurement of Vehicles for DRIVE Implementers
The number and identification of lots (contracts) comprising this RFB is:
Lot
Description of Goods QTY
No.
ITB 4.1 Maximum number of members in the Joint Venture (JV) shall be: 2(Two)
ITB 4.5 A list of debarred firms and individuals is available on the Bank‘s external
website: http://www.worldbank.org/debarr.
C. Preparation of Bids
ITB 10.1 The language of the Bid is: English.
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature is
English.
ITB 11.1 (j) The Bidder shall submit the following additional documents in its Bid:
1. Copies of original documents defining the constitution or legal status,
Trade license, place of registration and principal place of business.
2. Appropriate ISO Quality Certificate or equivalent.
3. Joint venture agreements, if applicable.
4. Written power of attorney of the signatory of the Bid
5. A laboratory test report issued by accredited testing center
ITB 13.1 Alternative Bids “shall not be” considered.
ITB 14.5 The prices quoted by the Bidder “shall not” be subject to adjustment during the
performance of the Contract.
ITB 14.6 Prices quoted for each lot (contract) shall correspond at least to 100 percent of the
items specified for each lot (contract).
Prices quoted for each item of a lot shall correspond at least to 100 percent of the
quantities specified for this item of a lot.
ITB 14.8 Place of destination: CIP: Addis Ababa, MoA, Kality Warehouse
(b)(i)
ITB 14.8 Final Destination (Project Site): Addis Ababa, MoA Kality Warehouse,
(a)(iii), (b)(ii) The supplier will be responsible for Customs clearance, unloading and delivery of
and (c)(v) the vehicles to the final destination.
Section II – Bid Data Sheet (BDS) 37
The purchaser shall pay all custom duties applicable in the Purchaser‘s country
ITB 15.1 The Bidder is required to quote in the currency of the Purchaser‘s Country the
portion of the Bid price that corresponds to expenditures incurred in that
currency.
ITB 16.4 Period of time the Goods are expected to be functioning (for the purpose of spare
parts): Not Applicable
ITB 18.1 The Bid shall be valid until: June 13, 2023
ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): Not Applicable
ITB 20.1 In addition to the original of the Bid, the number of copies is: One
ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder shall
consist of: Power of Attorney
ITB 22.1 For Bid submission purposes only, the Purchaser‘s address is:
Attention: Tamrat Terfassa, Senior Project Procurement Specialist
Street Address: CMC Road,
Floor/ Room number: Block A, 2st Floor, Room number 201
City: Addis Ababa
ZIP/Postal Code: Not Applicable
Country: Ethiopia
The deadline for Bid submission is:
Date: 15 March 2022 GC
Time: 10:00 AM EAT
Bidders [insert “shall” or “shall not”] have the option of submitting their Bids
electronically.
Note: Bidders shall not have the option of submitting their Bids electronically.
The electronic Bidding submission procedures shall be: Not Applicable
ITB 25.6 The Letter of Bid and Price Schedules shall be initialed by all Representatives of
the Purchaser conducting Bid opening. Each Bid shall be initialed by all
representatives and shall be numbered, any modification to the unit or total price
shall be initialed by the Representative of the Purchaser.
ITB 34.6 The adjustments shall be determined using the following criteria, from amongst
those set out in Section III, Evaluation and Qualification Criteria:
(a) Deviation in Delivery schedule: No.
(b) Deviation in payment schedule: No.
(c) The cost of major replacement component, mandatory spare parts, and
service: No.
(d) The availability in the Purchaser‘s Country of spare parts and after-sales
services for the equipment offered in the Bid: YES.
(e) Life cycle costs: the costs during the life of the goods or equipment: No.
(f) The performance and productivity of the equipment offered; No.
F. Award of Contract
ITB 42 The maximum percentage by which quantities may be increased is: 20%
The maximum percentage by which quantities may be decreased is: 20%
ITB 45. 1 The successful Bidder shall submit the Beneficial Ownership Disclosure Form.
ITB 47.1 The procedures for making a Procurement-related Complaint are detailed in the
―Procurement Regulations for IPF Borrowers (Annex III).‖ If a Bidder wishes to
make a Procurement-related Complaint, the Bidder should submit its complaint
following these procedures, in writing (by the quickest means available, that is
either by email or fax), to:
For the attention: Ato Tesema Gebremedhin
Title/position: Minster office Chief Executive
Purchaser: Ministry of Agriculture (MoA)
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents; and
2. the Purchaser‘s decision to award the contract.
Section III – Evaluation and Qualification Criteria 41
Contents
1. Margin of Preference (ITB 33) ........................................................................................ 42
An adjustment equal to the cost to the Purchaser of establishing the minimum service
facilities and parts inventories if quoted separately shall be added to the Bid price, for
evaluation purposes only.
(e) Life Cycle Costs; Not Applicable
(f) Performance and productivity of the equipment: Not Applicable
Section III – Evaluation and Qualification Criteria 43
(b) Specific Experience: The Bidder shall demonstrate that it has successfully completed at
least 2/two contracts within the last three years prior to bid submission deadline, each
with a value of at least that of this contract that have been successfully and substantially
completed and that are similar in nature and complexity to the Goods and Related
Services under the Contract. For a joint venture, this requirement may be met by all
members combined.
(c) Documentary Evidence: The Bidder shall furnish documentary evidence to demonstrate
that the goods it offers meet the following usage requirement:
i) All vehicles must comply with internationally recognized Vehicle emissions
standards and provide certifications for each lot.
ii) Refer to the Technical Specifications, Section VII - Schedule of Requirements
(d) Manufacturing experience and Technical Capacity: For the items under the Contract
that the bidder is a manufacturer, the Bidder shall furnish documentary evidence to
demonstrate that:
(i) it has manufactured goods of similar nature and complexity for at least 5/Five
years prior to the bid submission deadline; and
(ii) Its annual production capacity of goods of similar nature and complexity for each
of the last 5/Five years prior to the bid submission deadline is at least Five times
the quantities specified under the contract.
(e) Manufacturer’s authorization: A Bidder who does not manufacture an item/s where a
manufacturer authorization is required in accordance with BDS ITB 17.2 (a), the Bidder
shall provide evidence of being duly authorized by a manufacturer (Manufacturer‘s
Authorization Form, Section IV, Bidding Forms), meeting the criteria in (d) (i) and (ii)
above, to supply the Goods;
At the time of Contract Award, the Bidder (including each subcontractor proposed by the
Bidder) shall not be subject to disqualification by the Bank for non-compliance with SEA/
SH obligations.
Section IV – Bidding Forms 45
Letter of Bid........................................................................................................................... 46
Letter of Bid
The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and business address.
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]
(e) Conformity: We offer to supply in conformity with the bidding document and in
accordance with the Delivery Schedules specified in the Schedule of Requirements the
following Goods: [insert a brief description of the Goods and Related Services];
(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (f)
below is:
Option 1, in case of one lot: Total price is: [insert the total price of the Bid in
words and figures, indicating the various amounts and the respective
currencies];
Or
Option 2, in case of multiple lots: (a) Total price of each lot [insert the total
price of each lot in words and figures, indicating the various amounts and the
respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the
total price of all lots in words and figures, indicating the various amounts and
the respective currencies];
(g) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered.]
(ii) The exact method of calculations to determine the net price after application of
discounts is shown below: [Specify in detail the method that shall be used to apply
the discounts];
(h) Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance
with ITP 18.1], and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(i) Performance Security: If our Bid is accepted, we commit to obtain a performance
security in accordance with the bidding document;
(j) One Bid per Bidder: We are not submitting any other Bid(s) as an individual Bidder,
and we are not participating in any other Bid(s) as a Joint Venture member, or as a
subcontractor, and meet the requirements of ITB 4.3, other than alternative Bids
submitted in accordance with ITB 13;
(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not
subject to, and not controlled by any entity or individual that is subject to, a temporary
suspension or a debarment imposed by the World Bank Group or a debarment imposed
by the World Bank Group in accordance with the Agreement for Mutual Enforcement
of Debarment Decisions between the World Bank and other development banks.
Further, we are not ineligible under the Purchaser‘s Country laws or official
regulations or pursuant to a decision of the United Nations Security Council;
Section IV – Bidding Forms 48
(l) State-owned enterprise or institution: [select the appropriate option and delete the
other] [We are not a state-owned enterprise or institution] / [We are a state-owned
enterprise or institution but meet the requirements of ITB 4.6];
(m) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract:
[insert complete name of each Recipient, its full address, the reason for which each
commission or gratuity was paid and the amount and currency of each such
commission or gratuity]
(n) Binding Contract: We understand that this Bid, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract
between us, until a formal contract is prepared and executed;
(o) Purchaser Not Bound to Accept: We understand that you are not bound to accept the
lowest evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may
receive; and
(p) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no
person acting for us or on our behalf engages in any type of Fraud and Corruption.
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert
complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached
with the Bid Schedules.
Section IV – Bidding Forms 49
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
2. In case of JV, legal name of each member: [insert legal name of each member in JV]
7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.4.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents
establishing:
Legal and financial autonomy
Operation under commercial law
Establishing that the Bidder is not under the supervision of the Purchaser
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership. [If required under BDS ITB 45.1, the successful Bidder shall provide additional
information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 50
[The Bidder shall fill in this Form in accordance with the instructions indicated below. The
following table shall be filled in for the Bidder and for each member of a Joint Venture].
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the
supervision of the Purchaser, in accordance with ITB 4.6.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 45.1, the successful Bidder shall provide additional information on
beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 51
[insert [insert name of good] [insert [insert [insert number [insert unit price CIP [insert total CIP [insert the corresponding [insert total price of the line item]
number country of quoted of units to be per unit] price per line item] price per line item]
of the origin of the Delivery supplied and
item] Good] Date] name of the
physical unit]
Total Price
Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert Date]
Section IV – Bidding Forms 54
Price Schedule: Goods Manufactured Outside the Purchaser’s Country, already imported*
Date: _________________________
(Group C Bids, Goods already imported) RFB No: _____________________
Alternative No: ________________
Currencies in accordance with ITB 15 Page N ______ of ______
1 2 3 4 5 6 7 8 9 10 11 12
Line Item Description of Goods Country of Delivery Quantity Unit price Custom Duties Unit Price net Price per line Price per line item Sales and other Total Price per line
N Origin Date as and including and Import Taxes of custom item net of for inland taxes paid or item
defined by physical Custom Duties paid per unit in duties and Custom Duties transportation and payable per item (Col. 9+10)
Incoterms unit and Import accordance with import taxes, in and Import other services if Contract is
Taxes paid, in ITB 14.8(c)(ii) , accordance Taxes paid, in required in the awarded (in
accordance [to be supported with ITB 14.8 accordance with Purchaser‘s accordance with
with ITB by documents] (c) (iii) ITB 14.8(c)(i) Country to convey ITB 14.8(c)(iv)
14.8(c)(i) (Col. 6 minus (Col. 58) the goods to their
Col.7) final destination, as
specified in BDS in
accordance with
ITB 14.8 (c)(v)
[insert [insert name of [insert [insert [insert [insert unit [insert custom [insert unit [ insert price per [insert price per [insert sales and [insert total price per
number of Goods] country of quoted number of price per unit] duties and taxes price net of line item net of line item for inland other taxes line item]
the item] origin of Delivery units to be paid per unit] custom duties custom duties transportation and payable per item
the Good] Date] supplied and import and import other services if Contract is
and name taxes] taxes] required in the awarded]
of the Purchaser’s
physical Country]
unit]
Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include
any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the
Purchaser. For clarity the Bidders are asked to quote the price including import duties, and additionally to provide the import duties and the price net of import
duties which is the difference of those values.]
Section IV – Bidding Forms 55
1 2 3 4 5 6 7 8 9 10
Line Description of Goods Delivery Date Quantity Unit price Total EXW Price per line item for Cost of local labor, Sales and other taxes payable Total Price per
Item as defined by and EXW price per line inland transportation and raw materials and per line item if Contract is line item
N Incoterms physical item other services required in components from awarded (in accordance with (Col. 6+7)
unit (Col. 45) the Purchaser‘s Country to with origin in the ITB 14.8(a)(ii)
convey the Goods to their Purchaser‘s Country
final destination % of Col. 5
[insert [insert name of Good] [insert quoted [insert [insert EXW [insert total [insert the corresponding [Insert cost of local [insert sales and other taxes [insert total
number Delivery number of unit price] EXW price per price per line item] labor, raw material payable per line item if price per item]
of the Date] units to line item] and components Contract is awarded]
item] be from within the
supplied Purchase’s country
and name as a % of the EXW
of the price per line item]
physical
unit]
Total Price
Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
Section IV – Bidding Forms 56
[insert [insert name of Services] [insert country [insert delivery date at [insert number of units to be supplied and [insert unit price per [insert total price per
number of of origin of the place of final name of the physical unit] item] item]
the Services] destination per Service]
Service ]
[The bank shall fill in this Bank Guarantee Form in accordance with the instructions
indicated.]
RFB No.: [Purchaser to insert reference number for the Request for Bids]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint
venture shall be the name of the joint venture (whether legally constituted or prospective) or
the names of all members thereof] (hereinafter called "the Applicant") has submitted or will
submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of
________________ under Request for Bids No. __________ _ (―the RFB‖).
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________
(____________) upon receipt by us of the Beneficiary‘s complying demand, supported by
the Beneficiary‘s statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant‘s
Letter of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry
date of the Bid validity or any extension thereof provided by the Applicant has failed
to: (i) sign the contract agreement, or (ii) furnish the performance security, in
accordance with the Instructions to Bidders (―ITB‖) of the Beneficiary‘s bidding
document.
Section IV – Bidding Forms 58
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of
copies of the Contract agreement signed by the Applicant and the performance security
issued to the Beneficiary in relation to such Contract agreement; or (b) if the Applicant is not
the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary‘s
notification to the Applicant of the results of the Bidding process; or (ii) twenty-eight days
after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.
_____________________________
[Signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
Section IV – Bidding Forms 59
[The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.]
1
The amount of the Bond shall be denominated in the currency of the Purchaser‘s Country or the equivalent
amount in a freely convertible currency.
Section IV – Bidding Forms 60
**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid
Section IV – Bidding Forms 62
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.]
Section IV – Bidding Forms 63
Manufacturer’s Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign documents
that are binding on the Manufacturer. The Bidder shall include it in its Bid, if so indicated in
the BDS.]
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
WHEREAS
We [insert complete name of Manufacturer], who are official manufacturers of [insert type
of goods manufactured], having factories at [insert full address of Manufacturer‘s factories],
do hereby authorize [insert complete name of Bidder] to submit a Bid the purpose of which is
to provide the following Goods, manufactured by us [insert name and or brief description of
the Goods], and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 28 of the
General Conditions of Contract, with respect to the Goods offered by the above firm.
We confirm that we do not engage or employ forced labor or persons subject to trafficking or
child labor, in accordance with Clause 14 of the General Conditions of Contract.
In reference to ITB 4.8 and ITB 5.1, for the information of the Bidders, at the present time
firms, goods and services from the following countries are excluded from this Bidding
process:
Under ITB 4.8(a) and ITB 5.1: [insert a list of the countries following approval by the Bank to
apply the restriction or state “none”].
Under ITB 4.8(b) and ITB 5.1: [insert a list of the countries following approval by the Bank to
apply the restriction or state “none”]
Section VI – Fraud and Corruption 67
1
For the avoidance of doubt, a sanctioned party‘s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Section VI – Fraud and Corruption 69
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and
information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits;
and obtaining third party verification of information.
Part 2 – Supply Requirements 71
Contents
4. Drawings ............................................................................................................................ 96
Line Description of Goods Quantity Physica Final Delivery (as per Incoterms) Date
Item l unit Destination
Earliest Latest Delivery Bidder’s offered
N (Project Site)
Delivery Date Date Delivery date [to be
as specified
provided by the
in BDS
Bidder]
1. If applicable
Section VII – Schedule of Requirements 75
3. Technical Specifications
1. GENERAL REQUIREMENTS
The intent of this specification is to describe a diesel Station Wagon which shall be used
for transportation of passengers on-and-off roads in Ethiopia. It shall be constructed,
assembled and equipped with as per current manufacturing practices.
. Temperature : 0 - 55ºC
. Climate : Humid tropics – arid desert
. Altitude : Sea level - 2500 m
1.2 Warranty
12 months or 40,000 Km, whichever comes first with all conditions stipulated under
the bid instruction.
Manufacturer’s recommended spare parts list to value 15% of the vehicle price
shall be submitted with the offer. The current price quoted shall remain fixed at
least for one year.
The manufacturer or his delegated dealer shall give washing, lubrication and
inspection service before the vehicle is put in operation.
2. TECHNICAL SPECIFICATIONS
2.2 Engine
Fuel tank
. Capacity : 90 liters
. Filling Cap : Lockable
Injection pump : Manufacturer’s current standard
Injectors : Manufacturer’s current standard
Fuel filters : Equipped with pre-filter
2.9.2 Steering
3.
Performance Requirements
Turning radius curb to curb : ≤ 6.0 m
Gradeability (degree) : Shall be indicated
Maximum speed : ≥ 160 Km/hr
Fuel consumption : Shall be indicated
Certified engine test data : Shall be given
Certified braking distance
At average speed m :shall be given
4. TOOLS
5. OTHERS
White
8. MANUALS
The following list for each unit with price list shall be provided with the offer. The
quantity and items should be strictly followed.
Qty.
1. Oil filter assembly . . . . . . . . . . . . . . . . . . . . . . . . . 3 each
2. Fuel “ “ ......................... 3 “
3. Air cleaner element . . . . . . . . . . . . . . . . . . . . . . . . 3 “
4. Belts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “
5. Injector nozzle assembly . . . . . . . . . . . . . . . . . . . . 2 set each
6. Clutch disc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 each
7. Brake linings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 set each
8. Lenses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . 1 each
9. Fuses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “
10. Bulbs ( “ )........................... 1 set each
11. Shock absorbers (F & R) . . . . . . . . . . . . . . . . . . . 1 set each
12. Hoses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “ “
13. Wheel cylinder kit . . . . . . . . . . . . . . . . . . . . . . . . . 1 “ “
14. Engine top overall gasket . . . . . . . . . . . . . . . . . . . 1 “ “
15. Cable Speedo meter . . . . . . . . . . . . . . . . . . . . . . . 1 each
16. Cable parking brake . . . . . . . . . . . . . . . . . . . . . . . 1 “
17. Rubber wiper blade . . . . . . . . . . . . . . . . . . . . . . . . 1 “
1. GENERAL REQUIREMENTS
1.2 Warranty
12 months or 40,000 Km. whichever comes first with all conditions stipulated
under the bid instruction.
Manufacturer's recommended spare parts list to value 15% of the vehicle price
shall be submitted with the offer. The current price list shall remain fixed at
least for one year.
The manufacturer or his delegated dealer shall give washing, lubrication and
inspection service before the vehicle is put in operation.
2. TECHNICAL SPECIFICATIONS
2.1 Fundamental Requirements
Vehicle type.......... .............. STATION WAGON Hard TOP LWB DIESEL (10 -13 SEAT)
Gross vehicle weight ................. 2900-3300 Kg
Krebs weight............................... Shall be indicated
Seating capacity . . . . . . . . . . . .10 - 13 Persons
Fuel type ................................... Diesel
Drive .......................................... 4WD
2.2 Engine
Make & Model : Shall be indicated
Type : 4 cycle, diesel
Fuel tank
. Capacity : ≥90 liters
. Filling Cap : lockable
Injection pump : Manufacturer's current standard version
Injectors : Manufacturer's current standard version
Fuel filters : Equipped with pre-filter
2.4 Lubrication System
Transmission
2.9.2 Steering
Type : Left hand, power assisted
: Tilt-able steering
2.9.3 Brakes
Service brake : Diagonal split, dual circuit with tandem
master cylinder. The brake type shall be disk
at front and drum at the rear with automatic slack
adjuster.
ABS (EBS) Shall be Fitted
Parking Brake : Manufacturer's current standard
A complete spare tire with carrier shall be provided.(Spare tire locks shall be
fitted)
3. Performance Requirements
4. TOOLS
All essential standard manufacturers’ tools shall be provided with each vehicle.
5. OTHERS
Grease gun : 1 each
Jack, hydraulic with wheel wrench : 1 each
Fire extinguisher : 1
First aid kit : Provided
Warning triangle Reflector :provided
7. COLOR
White
8. MANUALS
The following list for each unit with price list shall be provided with the offer. The
quantity and items should be strictly followed.
Qty.
1. Oil filter assembly ................... 3 each
2. Fuel " " ......................... 3 "
3. Air cleaner element ................ 3 "
4. Belts........................................ 1 each
1. GENERAL REQUIREMENTS
The intent of this specification is to describe a 4WD pick -up, Double cab, Diesel
to be used for general service in Ethiopia. It shall be constructed, assembled and
equipped with as per current manufacturing practices.
. Temperature : 0 - 55ºC
. Climate : Humid tropics – arid desert
. Altitude : Sea level - 2500 m
1.2 Warranty
12 months or 50,000 Km, whichever comes first with all conditions
stipulated under the bid instruction.
Manufacturer’s recommended spare parts list to value 15% of the vehicle price
shall be submitted with the offer. The current price list shall remain fixed at least
for one year.
The manufacturer or his delegated dealer shall give washing, lubrication and
inspection service before the vehicle is put into operation.
2. TECHNICAL SPECIFICATIONS
2.2 Engine
Fuel tank
. Capacity : ≥ 130 liters
. Filling Cap : Lockable
Injection pump : Manufacturer’s current standard
Injectors : Manufacturer’s current standard
Fuel filters : Equipped with pre-filter
2.9 Chassis
Tires
. Type : Tube /Tubeless
. Size : ≥ 7.00 x 16-8 PR
3. TOOLS
All essentials standard manufacturer’s tools shall be provided with each vehicle.
4. OTHERS
6. COLOR White
7. MANUALS
The following list for each unit with price list shall be provided with the offer.
The quantity and items should be strictly followed
Qty.
1. Oil filter assembly . . . . . . . . . . . . . . . . . . . . . . . . . 3 each
2. Fuel “ “ ......................... 3 “
3. Air cleaner element . . . . . . . . . . . . . . . . . . . . . . . . 3 “
4. Belts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “
5. Injector nozzle assembly . . . . . . . . . . . . . . . . . . . 2 sets each
6. Clutch disc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 each
7. Brake linings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “
8. Lenses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . 1 each
9. Fuses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 “
10. Bulbs ( “ )........................... 1 “
11. Shock absorbers (F & R) . . . . . . . . . . . . . . . . . . . 1 set each
12. Hoses (various) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 each
13. Wheel cylinder kit . . . . . . . . . . . . . . . . . . . . . . . . . 1 set each
14. Engine top overall gasket . . . . . . . . . . . . . . . . . . . 1 “ “
15. Cable Speedo-meter . . . . . . . . . . . . . . . . . . . . . . . 1 each
16. Cable parking brake . . . . . . . . . . . . . . . . . . . . . . . 1 each
17. Rubber wiper blade . . . . . . . . . . . . . . . . . . . . . . . 1 each
4. Drawings
List of Drawings
Workability and Operations Inspections are needed for all lots and items.
Part 3 - Contract 99
PART 3 - Contract
Section VIII – General Conditions of Contract 100
Table of Clauses
5. Language........................................................................................................................ 104
7. Eligibility........................................................................................................................ 105
2. Contract 2.1 Subject to the order of precedence set forth in the Contract
Documents Agreement, all documents forming the Contract (and all parts
thereof) are intended to be correlative, complementary, and
mutually explanatory. The Contract Agreement shall be read as a
whole.
3. Fraud and 3.1 The Bank requires compliance with the Bank‘s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures
as set forth in the WBG‘s Sanctions Framework, as set forth in
Appendix 1 to the GCC.
3.2 The Purchaser requires the Supplier to disclose any commissions
or fees that may have been paid or are to be paid to agents or any
other party with respect to the Bidding process or execution of
the Contract. The information disclosed must include at least the
name and address of the agent or other party, the amount and
currency, and the purpose of the commission, gratuity or fee.
4. Interpretation 4.1 If the context so requires it, singular means plural and vice versa.
4.2 Incoterms
(a) Unless inconsistent with any provision of the Contract,
the meaning of any trade term and the rights and
obligations of parties thereunder shall be as prescribed by
Incoterms specified in the SCC.
(b) The terms EXW, CIP, FCA, CFR and other similar terms,
when used, shall be governed by the rules prescribed in
the current edition of Incoterms specified in the SCC and
published by the International Chamber of Commerce in
Paris, France.
4.3 Entire Agreement
The Contract constitutes the entire agreement between the
Purchaser and the Supplier and supersedes all communications,
negotiations and agreements (whether written or oral) of the
parties with respect thereto made prior to the date of Contract.
Section VIII – General Conditions of Contract 104
4.4 Amendment
No amendment or other variation of the Contract shall be valid
unless it is in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorized representative of each party
thereto.
4.5 Nonwaiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall
prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of
any breach of Contract operate as waiver of any
subsequent or continuing breach of Contract.
(b) Any waiver of a party‘s rights, powers, or remedies under
the Contract must be in writing, dated, and signed by an
authorized representative of the party granting such
waiver, and must specify the right and the extent to which
it is being waived.
4.6 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity
or unenforceability shall not affect the validity or enforceability
of any other provisions and conditions of the Contract.
6. Joint Venture, 6.1 If the Supplier is a joint venture, consortium, or association, all of
Consortium or the parties shall be jointly and severally liable to the Purchaser for
Association the fulfillment of the provisions of the Contract and shall
designate one party to act as a leader with authority to bind the
joint venture, consortium, or association. The composition or the
constitution of the joint venture, consortium, or association shall
not be altered without the prior consent of the Purchaser.
7. Eligibility 7.1 The Supplier and its Subcontractors shall have the nationality of
an eligible country. A Supplier or Subcontractor shall be
deemed to have the nationality of a country if it is a citizen or
constituted, incorporated, or registered, and operates in
conformity with the provisions of the laws of that country.
7.2 All Goods and Related Services to be supplied under the
Contract and financed by the Bank shall have their origin in
Eligible Countries. For the purpose of this Clause, origin means
the country where the goods have been grown, mined,
cultivated, produced, manufactured, or processed; or through
manufacture, processing, or assembly, another commercially
recognized article results that differs substantially in its basic
characteristics from its components.
8. Notices 8.1 Any notice given by one party to the other pursuant to the
Contract shall be in writing to the address specified in the
SCC. The term ―in writing‖ means communicated in written
form with proof of receipt.
8.2 A notice shall be effective when delivered or on the notice‘s
effective date, whichever is later.
10. Settlement of 10.1 The Purchaser and the Supplier shall make every effort to
Section VIII – General Conditions of Contract 106
11. Inspections 11.1 The Supplier shall keep, and shall make all reasonable efforts to
and Audit by cause its Subcontractors to keep, accurate and systematic accounts
the Bank and records in respect of the Goods in such form and details as will
clearly identify relevant time changes and costs.
11.2 Pursuant to paragraph 2.2 e. of Appendix 1 to the General
Conditions the Supplier shall permit and shall cause its agents
(where declared or not), subcontractors, subconsultants, service
providers, suppliers, and personnel, to permit, the Bank and/or
persons appointed by the Bank to inspect the site and/or the
accounts, records and other documents relating to the procurement
process, selection and/or contract execution, and to have such
accounts, records and other documents audited by auditors
appointed by the Bank. The Supplier‘s and its Subcontractors‘ and
subconsultants‘ attention is drawn to Sub-Clause 3.1 (Fraud and
Corruption) which provides, inter alia, that acts intended to
materially impede the exercise of the Bank‘s inspection and audit
rights constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility pursuant
to the Bank‘s prevailing sanctions procedures).
12. Scope of 12.1 The Goods and Related Services to be supplied shall be as
Section VIII – General Conditions of Contract 107
13. Delivery and 13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and
Documents Completion of the Related Services shall be in accordance with the
Delivery and Completion Schedule specified in the Schedule of
Requirements. The details of shipping and other documents to be
furnished by the Supplier are specified in the SCC.
14. Supplier’s 14.1 The Supplier shall supply all the Goods and Related Services
Responsibilities included in the Scope of Supply in accordance with GCC
Clause 12, and the Delivery and Completion Schedule, as per
GCC Clause 13.
14.2 The Supplier, including its Subcontractors, shall not employ or
engage forced labor or persons subject to trafficking, as described
in GCC Sub-Clauses 14.3 and 14.4.
14.3 Forced labor consists of any work or service, not voluntarily
performed, that is exacted from an individual under threat of force
or penalty, and includes any kind of involuntary or compulsory
labor, such as indentured labor, bonded labor or similar labor-
contracting arrangements.
14.4 Trafficking in persons is defined as the recruitment, transportation,
transfer, harbouring or receipt of persons by means of the threat or
use of force or other forms of coercion, abduction, fraud,
deception, abuse of power, or of a position of vulnerability, or of
the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for the
purposes of exploitation.
14.5 The Supplier, including its Subcontractors, shall not employ or
engage a child under the age of 14 unless the national law specifies
a higher age (the minimum age).
14.6 The Supplier, including its Subcontractors, shall not employ or
engage a child between the minimum age and the age of 18 in a
manner that is likely to be hazardous, or to interfere with, the
child‘s education, or to be harmful to the child‘s health or physical,
mental, spiritual, moral, or social development.
14.7 Work considered hazardous for children is work that, by its nature
or the circumstances in which it is carried out, is likely to
jeopardize the health, safety, or morals of children. Such work
activities prohibited for children include work:
(a) with exposure to physical, psychological or sexual abuse;
(b) underground, underwater, working at heights or in
confined spaces;
(c) with dangerous machinery, equipment or tools, or
Section VIII – General Conditions of Contract 108
15. Contract Price 15.1 Prices charged by the Supplier for the Goods supplied and the
Related 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 authorized in the SCC.
16. Terms of 16.1 The Contract Price, including any Advance Payments, if
Payment applicable, shall be paid as specified in the SCC.
16.2 The Supplier‘s request for payment shall be made to the
Purchaser in writing, accompanied by invoices describing, as
appropriate, the Goods delivered and Related Services
performed, and by the documents submitted pursuant to GCC
Clause 13 and upon fulfillment of all other obligations
stipulated in the Contract.
16.3 Payments shall be made promptly by the Purchaser, but in no
case later than sixty (60) days after submission of an invoice or
request for payment by the Supplier, and after the Purchaser has
accepted it.
16.4 The currencies in which payments shall be made to the Supplier
under this Contract shall be those in which the Bid price is
expressed.
16.5 In the event that the Purchaser fails to pay the Supplier any
payment by its due date or within the period set forth in the
SCC, the Purchaser shall pay to the Supplier interest on the
amount of such delayed payment at the rate shown in the SCC,
for the period of delay until payment has been made in full,
whether before or after judgment or arbitrage award.
17. Taxes and 17.1 For goods manufactured outside the Purchaser‘s Country, the
Duties Supplier shall be entirely responsible for all taxes, stamp duties,
Section VIII – General Conditions of Contract 109
18. Performance 18.1 If required as specified in the SCC, the Supplier shall, within
Security twenty-eight (28) days of the notification of contract award,
provide a performance security for the performance of the
Contract in the amount specified in the SCC.
18.2 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.
18.3 As specified in the SCC, the Performance Security, if required,
shall be denominated in the currency(ies) of the Contract, or in a
freely convertible currency acceptable to the Purchaser; and
shall be in one of the format stipulated by the Purchaser in the
SCC, or in another format acceptable to the Purchaser.
18.4 The Performance Security shall be discharged by the Purchaser
and returned to the Supplier not later than twenty-eight (28)
days following the date of Completion of the Supplier‘s
performance obligations under the Contract, including any
warranty obligations, unless specified otherwise in the SCC.
19. Copyright 19.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Purchaser by
the Supplier herein shall remain vested in the Supplier, or, if
they are furnished to the Purchaser directly or through the
Supplier by any third party, including suppliers of materials, the
copyright in such materials shall remain vested in such third
party.
20. Confidential 20.1 The Purchaser and the Supplier shall keep confidential and shall
Information not, without the written consent of the other party hereto,
divulge to any third party any documents, data, or other
information furnished directly or indirectly by the other party
hereto in connection with the Contract, whether such
information has been furnished prior to, during or following
completion or termination of the Contract. Notwithstanding the
above, the Supplier may furnish to its Subcontractor such
Section VIII – General Conditions of Contract 110
21. Subcontracting 21.1 The Supplier shall notify the Purchaser in writing of all
subcontracts awarded under the Contract if not already specified
in the Bid. Notification by the Supplier, for addition of any
Subcontractor not named in the Contract, shall also include the
Subcontractor‘s declaration in accordance with Appendix 2 to the
GCC- Sexual exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration. Such notification, in
the original Bid or later shall not relieve the Supplier from any
of its obligations, duties, responsibilities, or liability under the
Contract.
21.2 Subcontracts shall comply with the provisions of GCC Clauses
Section VIII – General Conditions of Contract 111
3 and 7.
23. Packing and 23.1 The Supplier shall provide such packing of the Goods as is
Documents required to prevent their damage or deterioration during transit
to their final destination, as indicated in the Contract. During
transit, the packing shall be sufficient to withstand, without
limitation, rough handling and exposure to extreme
temperatures, salt and precipitation, and open storage. Packing
case size and weights shall take into consideration, where
appropriate, the remoteness of the goods‘ final destination and
the absence of heavy handling facilities at all points in transit.
23.2 The packing, marking, and documentation within and outside
the packages shall comply strictly with such special
requirements as shall be expressly provided for in the Contract,
including additional requirements, if any, specified in the SCC,
and in any other instructions ordered by the Purchaser.
24. Insurance 24.1 Unless otherwise specified in the SCC, the Goods supplied
under the Contract shall be fully insured—in a freely
convertible currency from an eligible country—against loss or
damage incidental to manufacture or acquisition, transportation,
storage, and delivery, in accordance with the applicable
Incoterms or in the manner specified in the SCC.
Section VIII – General Conditions of Contract 112
25. Transportation 25.1 Unless otherwise specified in the SCC, responsibility for
and Incidental arranging transportation of the Goods shall be in accordance
Services with the specified Incoterms.
26. Inspections 26.1 The Supplier shall at its own expense and at no cost to the
and Tests Purchaser carry out all such tests and/or inspections of the
Goods and Related Services as are specified in the SCC.
26.2 The inspections and tests may be conducted on the premises of
the Supplier or its Subcontractor, at point of delivery, and/or at
the Goods‘ final destination, or in another place in the
Purchaser‘s Country as specified in the SCC. Subject to GCC
Sub-Clause 26.3, if conducted on the premises of the Supplier
or its Subcontractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Purchaser.
26.3 The Purchaser or its designated representative shall be entitled
to attend the tests and/or inspections referred to in GCC Sub-
Clause 26.2, provided that the Purchaser bear all of its own
costs and expenses incurred in connection with such attendance
including, but not limited to, all traveling and board and lodging
Section VIII – General Conditions of Contract 113
expenses.
26.4 Whenever the Supplier is ready to carry out any such test and
inspection, it shall give a reasonable advance notice, including
the place and time, to the Purchaser. The Supplier shall obtain
from any relevant third party or manufacturer any necessary
permission or consent to enable the Purchaser or its designated
representative to attend the test and/or inspection.
26.5 The Purchaser may require the Supplier to carry out any test
and/or inspection not required by the Contract but deemed
necessary to verify that the characteristics and performance of
the Goods comply with the technical specifications codes and
standards under the Contract, provided that the Supplier‘s
reasonable costs and expenses incurred in the carrying out of
such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress of
manufacturing and/or the Supplier‘s performance of its other
obligations under the Contract, due allowance will be made in
respect of the Delivery Dates and Completion Dates and the
other obligations so affected.
26.6 The Supplier shall provide the Purchaser with a report of the
results of any such test and/or inspection.
26.7 The Purchaser may reject any Goods or any part thereof that fail
to pass any test and/or inspection or do not conform to the
specifications. The Supplier shall either rectify or replace such
rejected Goods or parts thereof or make alterations necessary to
meet the specifications at no cost to the Purchaser, and shall
repeat the test and/or inspection, at no cost to the Purchaser,
upon giving a notice pursuant to GCC Sub-Clause 26.4.
26.8 The Supplier agrees that neither the execution of a test and/or
inspection of the Goods or any part thereof, nor the attendance
by the Purchaser or its representative, nor the issue of any report
pursuant to GCC Sub-Clause 26.6, shall release the Supplier
from any warranties or other obligations under the Contract.
27. Liquidated 27.1 Except as provided under GCC Clause 32, if the Supplier fails
Damages to deliver any or all of the Goods by the Date(s) of delivery or
perform the Related Services within the period specified in the
Contract, the Purchaser may without prejudice to all its other
remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage
specified in the SCC of the delivered price of the delayed
Goods or unperformed Services for each week or part thereof of
delay until actual delivery or performance, up to a maximum
deduction of the percentage specified in those SCC. Once the
Section VIII – General Conditions of Contract 114
28. Warranty 28.1 The Supplier warrants that all the Goods are new, unused, and
of the most recent or current models, and that they incorporate
all recent improvements in design and materials, unless
provided otherwise in the Contract.
28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further
warrants that the Goods shall be free from defects arising from
any act or omission of the Supplier or arising from design,
materials, and workmanship, under normal use in the conditions
prevailing in the country of final destination.
28.3 Unless otherwise specified in the SCC, the warranty shall
remain valid for twelve (12) months after the Goods, or any
portion thereof as the case may be, have been delivered to and
accepted at the final destination indicated in the SCC, or for
eighteen (18) months after the date of shipment from the port or
place of loading in the country of origin, whichever period
concludes earlier.
28.4 The Purchaser shall give notice to the Supplier stating the nature
of any such defects together with all available evidence thereof,
promptly following the discovery thereof. The Purchaser shall
afford all reasonable opportunity for the Supplier to inspect such
defects.
28.5 Upon receipt of such notice, the Supplier shall, within the
period specified in the SCC, expeditiously repair or replace the
defective Goods or parts thereof, at no cost to the Purchaser.
28.6 If having been notified, the Supplier fails to remedy the defect
within the period specified in the SCC, the Purchaser may
proceed to take within a reasonable period such remedial action
as may be necessary, at the Supplier‘s risk and expense and
without prejudice to any other rights which the Purchaser may
have against the Supplier under the Contract.
29. Patent 29.1 The Supplier shall, subject to the Purchaser‘s compliance with
Indemnity GCC Sub-Clause 29.2, indemnify and hold harmless the
Purchaser and its employees and officers from and against any
and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature,
including attorney‘s fees and expenses, which the Purchaser
may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right
registered or otherwise existing at the date of the Contract by
Section VIII – General Conditions of Contract 115
reason of:
(a) the installation of the Goods by the Supplier or the use of
the Goods in the country where the Site is located; and
(b) the sale in any country of the products produced by the
Goods.
Such indemnity shall not cover any use of the Goods or any
part thereof other than for the purpose indicated by or to be
reasonably inferred from the Contract, neither any
infringement resulting from the use of the Goods or any part
thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not
supplied by the Supplier, pursuant to the Contract.
29.2 If any proceedings are brought or any claim is made against the
Purchaser arising out of the matters referred to in GCC Sub-
Clause 29.1, the Purchaser shall promptly give the Supplier a
notice thereof, and the Supplier may at its own expense and in
the Purchaser‘s name conduct such proceedings or claim and
any negotiations for the settlement of any such proceedings or
claim.
29.3 If the Supplier fails to notify the Purchaser within twenty-eight
(28) days after receipt of such notice that it intends to conduct
any such proceedings or claim, then the Purchaser shall be free
to conduct the same on its own behalf.
29.4 The Purchaser shall, at the Supplier‘s request, afford all
available assistance to the Supplier in conducting such
proceedings or claim, and shall be reimbursed by the Supplier
for all reasonable expenses incurred in so doing.
29.5 `The Purchaser shall indemnify and hold harmless the Supplier
and its employees, officers, and Subcontractors from and
against any and all suits, actions or administrative proceedings,
claims, demands, losses, damages, costs, and expenses of any
nature, including attorney‘s fees and expenses, which the
Supplier may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right
registered or otherwise existing at the date of the Contract
arising out of or in connection with any design, data, drawing,
specification, or other documents or materials provided or
designed by or on behalf of the Purchaser.
31. Change in 31.1 Unless otherwise specified in the Contract, if after the date of 28
Laws and days prior to date of Bid submission, any law, regulation,
Regulations ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in the place of the
Purchaser‘s Country where the Site is located (which shall be
deemed to include any change in interpretation or application by
the competent authorities) that subsequently affects the Delivery
Date and/or the Contract Price, then such Delivery Date and/or
Contract Price shall be correspondingly increased or decreased,
to the extent that the Supplier has thereby been affected in the
performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced cost
shall not be separately paid or credited if the same has already
been accounted for in the price adjustment provisions where
applicable, in accordance with GCC Clause 15.
32. Force Majeure 32.1 The Supplier shall not be liable for forfeiture of its Performance
Security, liquidated damages, or termination for default if and to
the extent that its delay in performance or other failure to
perform its obligations under the Contract is the result of an
event of Force Majeure.
32.2 For purposes of this Clause, ―Force Majeure‖ means an event or
situation beyond the control of the Supplier that is not
foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the Supplier. Such
events may include, but not be limited to, acts of the Purchaser
in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions, and freight embargoes.
32.3 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
Section VIII – General Conditions of Contract 117
33. Change Orders 33.1 The Purchaser may at any time order the Supplier through
and Contract notice in accordance GCC Clause 8, to make changes within the
Amendments general scope of the Contract in any one or more of the
following:
(a) drawings, designs, or specifications, where Goods to be
furnished under the Contract are to be specifically
manufactured for the Purchaser;
(b) the method of shipment or packing;
(c) the place of delivery; and
(d) the Related Services to be provided by the Supplier.
33.2 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 in the Delivery/Completion
Schedule, or both, and the Contract shall accordingly be
amended. Any claims by the Supplier for adjustment under this
Clause must be asserted within twenty-eight (28) days from the
date of the Supplier‘s receipt of the Purchaser‘s change order.
33.3 Prices to be charged by the Supplier for any Related Services
that might be needed but which were not included in the
Contract shall be agreed upon in advance by the parties and
shall not exceed the prevailing rates charged to other parties by
the Supplier for similar services.
33.4 Value Engineering: The Supplier may prepare, at its own cost, a
value engineering proposal at any time during the performance of
the contract. The value engineering proposal shall, at a minimum,
include the following;
(a) the proposed change(s), and a description of the
difference to the existing contract requirements;
(b) a full cost/benefit analysis of the proposed change(s)
including a description and estimate of costs
(including life cycle costs) the Purchaser may incur in
implementing the value engineering proposal; and
(c) a description of any effect(s) of the change on
performance/functionality.
The Purchaser may accept the value engineering proposal if the
proposal demonstrates benefits that:
(a) accelerates the delivery period; or
Section VIII – General Conditions of Contract 118
34. Extensions of 34.1 If at any time during performance of the Contract, the Supplier
Time or its subcontractors should encounter conditions impeding
timely delivery of the Goods or completion of Related Services
pursuant to GCC Clause 13, the Supplier shall promptly notify
the Purchaser in writing of the delay, its likely duration, and its
cause. 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, in which
case the extension shall be ratified by the parties by amendment
of the Contract.
34.2 Except in case of Force Majeure, as provided under GCC
Clause 32, a delay by the Supplier in the performance of its
Delivery and Completion obligations shall render the Supplier
liable to the imposition of liquidated damages pursuant to GCC
Clause 26, unless an extension of time is agreed upon, pursuant
to GCC Sub-Clause 34.1.
36. Assignment 36.1 Neither the Purchaser nor the Supplier shall assign, in whole or
in part, their obligations under this Contract, except with prior
written consent of the other party.
37. Export 37.1 Notwithstanding any obligation under the Contract to complete
Restriction all export formalities, any export restrictions attributable to the
Purchaser, to the country of the Purchaser, or to the use of the
products/goods, systems or services to be supplied, which arise
from trade regulations from a country supplying those
products/goods, systems or services, and which substantially
impede the Supplier from meeting its obligations under the
Contract, shall release the Supplier from the obligation to
provide deliveries or services, always provided, however, that
the Supplier can demonstrate to the satisfaction of the Purchaser
and of the Bank that it has completed all formalities in a timely
manner, including applying for permits, authorizations and
licenses necessary for the export of the products/goods, systems
or services under the terms of the Contract. Termination of the
Contract on this basis shall be for the Purchaser‘s convenience
pursuant to Sub-Clause 35.3.
Section VIII – General Conditions of Contract 121
APPENDIX 1
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bank‘s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. ―corrupt practice‖ is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of
another party;
ii. ―fraudulent practice‖ is any act or omission, including misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain financial or other benefit or to avoid an obligation;
iii. ―collusive practice‖ is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the
actions of another party;
iv. ―coercive practice‖ is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
v. ―obstructive practice‖ is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation
into allegations of a corrupt, fraudulent, coercive, or collusive
practice; and/or threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank‘s
inspection and audit rights provided for under paragraph 2.2 e.
below.
Section VIII – General Conditions of Contract 122
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may
take other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of
any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection and/or
execution of the contract in question, without the Borrower having taken timely
and appropriate action satisfactory to the Bank to address such practices when
they occur, including by failing to inform the Bank in a timely manner at the time
they knew of the practices;
d. Pursuant to the Bank‘s Anti- Corruption Guidelines and in accordance with the
Bank‘s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner; 1 (ii) to be a
nominated2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract;
and (iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals documents and
in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents personnel, permit the Bank to inspect 3 all
accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors
appointed by the Bank.
1
For the avoidance of doubt, a sanctioned party‘s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken
by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating
the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic
format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Section VIII – General Conditions of Contract 123
Section VIII – General Conditions of Contract 124
APPENDIX 2
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH)
Performance Declaration for Subcontractors*
[The following table shall be filled in by each subcontractor proposed by the Supplier, that was not named in the
Contract]
Subcontractor‘s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
We:
(a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
(b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
(c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations, and
were removed from the disqualification list. An arbitral award on the disqualification case has been made
in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Name of the person duly authorized to sign on behalf of the Subcontractor _______
GCC 1.1(i) The Purchaser‘s Country is: Federal Democratic Republic of Ethiopia
GCC 1.1(o) The Project Site(s)/Final Destination(s) is/are: Addis Ababa, Kality
Warehouse
GCC 1.1 (p) The term SEA/SH where used in the Contract has the following meaning:
―Sexual Exploitation and Abuse” “(SEA)” means the following:
Sexual Exploitation is defined as any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual
purposes, including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal or
coercive conditions.
“Sexual Harassment” “(SH)” is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature by contractor‘s personnel with other
contractor‘s, subcontractors‘ or employer‘s personnel.
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the
meaning of any trade term and the rights and obligations of the parties
thereunder shall not be as prescribed by Incoterms, they shall be as
prescribed by: Not Applicable
GCC 9.1 The governing law shall be the law of: Federal Democratic Republic of
Ethiopia
GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC
Clause 10.2 shall be as follows:
[The bidding document should contain one clause to be retained in the
event of a Contract with a foreign Supplier and one clause to be retained
in the event of a Contract with a Supplier who is a national of the
Purchaser’s Country. At the time of finalizing the Contract, the
respective applicable clause should be retained in the Contract. The
following explanatory note should therefore be inserted as a header to
GCC 10.2 in the bidding document.
“Clause 10.2 (a) shall be retained in the case of a Contract with a
foreign Supplier and clause 10.2 (b) shall be retained in the case of a
Contract with a national of the Purchaser’s Country.”]
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier
are
1) original and 3 copy of the non-negotiable , clean on-board bill of loading
marked ”freight prepaid”,
Section IX – Special Conditions of Contract 128
3) 5 original and 5 copy of the packing list identifying contents of each package
GCC 15.1 The prices charged for the Goods supplied and the related Services
performed shall not be adjustable.
If prices are adjustable, the following method shall be used to calculate
the price adjustment: Not Applicable
GCC 16.1 GCC 16.1—The method and conditions of payment to be made to the
Supplier under this Contract shall be as follows:
Payment for Goods and Services supplied from within the Purchaser‘s
Country shall be made in ETB, as follows:
(i) Advance Payment: Ten (10) percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract against a
simple receipt and a bank guarantee for the equivalent amount and
in the form provided in the bidding document or another form
acceptable to the Purchaser.
(ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid
on receipt of the Goods and upon submission of the documents
specified in GCC Clause 13.
GCC 16.5 The payment-delay period after which the Purchaser shall pay interest to
the supplier shall be 45 days.
The interest rate that shall be applied is for USD, the Secured Overnight
Financing Rate (SOFR); for GBP, Sterling Overnight Index Average
(SONIA); for JPY, the Tokyo Overnight Average Rate (TONA);for Euro,
EURIBOR; and for any other foreign currency, that would be agreed at
the pre-contract discussion‖
GCC 18.3 If required, the Performance Security shall be in the form of: Bank
Guarantee” or” a Performance Bond”
If required, the Performance security shall be denominated in “a freely
convertible currency acceptable to the Purchaser” or the currencies of
payment of the Contract, in accordance with their portions of the
Contract Price”.
GCC 18.4 Discharge of the Performance Security shall take place: After final
Acceptance
Section IX – Special Conditions of Contract 130
GCC 23.2 The packing, marking and documentation within and outside the packages
shall be: Logo of Ministry of Agriculture and a project Name: De-
Risking, Inclusion and Value Enhancement (DRIVE) of Pastoral
Economies in the Horn of Africa Project.
GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the
Incoterms.
GCC 26.2 The Inspections and tests shall be conducted at: at final delivery places/
Project sites
GCC 27.1 The liquidated damage shall be: 0.5 % per week
GCC 27.1 The maximum amount of liquidated damages shall be: 10% of the
contract amount
GCC 28.3 The period of validity of the Warranty shall be: 365 days
For purposes of the Warranty, the place(s) of final destination(s) shall be:
Addis Ababa, Ministry of Agriculture warehouse,
GCC 28.3—In partial modification of the provisions, the warranty period
shall be 12 months or 50,000 Km from date of acceptance of the Goods,
whichever occurs earlier. The Supplier shall, in addition, comply with the
performance and/or consumption guarantees specified under the Contract.
If, for reasons attributable to the Supplier, these guarantees are not
attained in whole or in part, the Supplier shall, at its discretion, either:
GCC 33.4 If the value engineering proposal is approved by the Purchaser the
amount to be paid to the Supplier shall be 50%.
Section X – Contract Forms 131
Table of Forms
[Send this Notification to the Bidder’s Authorized Representative named in the Bidder
Information Form]
For the attention of Bidder‘s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The
Notification must be sent to all Bidders simultaneously. This means on the same date and
as close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)
2. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid.
If the Bid’s price was evaluated include the evaluated price as well as the Bid price
as read out.]
Section X - Contract Forms 133
[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do
NOT include: (a) a point by point comparison with another Bidder’s Bid or (b)
information that is marked confidential by the Bidder in its Bid.]
this case, we will provide the debriefing as soon as practicable, and normally no later than
fifteen (15) Business Days from the date of publication of the Contract Award Notice.
6. Standstill Period
DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
Section X - Contract Forms 135
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended as stated in Section 4 above.
If you have any questions regarding this Notification please do not hesitate to contact us.
Signature: ______________________________________________
Name: ______________________________________________
Title/position: ______________________________________________
Telephone: ______________________________________________
Email: ______________________________________________
Section X – Contract Forms 136
For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who
ultimately owns or controls the Bidder by meeting one or more of the following conditions:
In response to your request in the Letter of Acceptance dated [insert date of letter of
Acceptance] to furnish additional information on beneficial ownership: [select one option as
applicable and delete the options that are not applicable]
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:
OR
(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of
the following conditions. [If this option is selected, the Bidder shall provide explanation on
why it is unable to identify any Beneficial Owner]
directly or indirectly holding 25% or more of the shares
directly or indirectly holding 25% or more of the voting rights
directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Bidder]‖
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert
complete name of person duly authorized to sign the Bid]___________
Title of the person signing the Bid: [insert complete title of the person signing the
Bid]______
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]_____
Date signed [insert date of signing] day of [insert month], [insert year]_____
*
In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the
event that the Bidder is a joint venture, each reference to ―Bidder‖ in the Beneficial Ownership Disclosure Form
(including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be
attached with the Bid Schedules.
Section X – Contract Forms 138
Letter of Acceptance
[use letterhead paper of the Purchaser]
[date]
To: [name and address of the Supplier]
This is to notify you that your Bid dated [insert date] for execution of the [insert name of the
contract and identification number, as given in the SCC] for the Accepted Contract Amount
of [insert amount in numbers and words and name of currency], as corrected and modified
in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish (i) the Performance Security within 28 days in accordance with
the Conditions of Contract, using for that purpose one of the Performance Security Forms
and (ii) the additional information on beneficial ownership in accordance with BDS ITB 45.1
within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in
Section X, - Contract Forms, of the Bidding Document.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Contract Agreement
[The successful Bidder shall fill in this form in accordance with the instructions indicated]
BETWEEN
(1) [insert complete name of Purchaser], a [insert description of type of legal
entity, for example, an agency of the Ministry of .... of the Government of
{insert name of Country of Purchaser}, or corporation incorporated under the
laws of {insert name of Country of Purchaser}] and having its principal place
of business at [insert address of Purchaser] (hereinafter called ―the
Purchaser‖), of the one part, and
(2) [insert name of Supplier], a corporation incorporated under the laws of
[insert: country of Supplier] and having its principal place of business at
[insert: address of Supplier] (hereinafter called ―the Supplier‖), of the other
part:
WHEREAS the Purchaser invited Bids for certain Goods and ancillary services, viz., [insert
brief description of Goods and Services] and has accepted a Bid by the Supplier for the
supply of those Goods and Services
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other contract documents.
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 the laws of [insert the name of the Contract governing law country] on the
day, month and year indicated above.
Performance Security
Option 1: (Bank Guarantee)
[The bank, as requested by the successful Bidder, shall fill in this form in accordance with
the instructions indicated]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that _ [insert name of Supplier, which in the case of a joint venture shall be the
name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No. [insert
reference number of the contract] dated [insert date] with the Beneficiary, for the supply of _
[insert name of contract and brief description of Goods and related Services] (hereinafter called "the
Contract").
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
( ) [insert amount in words] ,1 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary‘s
complying demand supported by the Beneficiary‘s statement, whether in the demand itself or
in a separate signed document accompanying or identifying the demand, stating that the
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing
to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the …. Day of ……, 2…2, and any demand for
payment under it must be received by us at this office indicated above on or before that date.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, and denominated either in the currency (ies) of the Contract or a
freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 18.4. The
Purchaser should note that in the event of an extension of this date for completion of the Contract, the
Purchaser would need to request an extension of this guarantee from the Guarantor. Such request must be
Section X – Contract Forms 142
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
in writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Purchaser might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months] [one year], in response to the Beneficiary’s written request for such extension, such request to
be presented to the Guarantor before the expiry of the guarantee.”
Section X - Contract Forms 143
By this Bond [insert name of Principal] as Principal (hereinafter called ―the Supplier‖) and
[insert name of Surety] as Surety (hereinafter called ―the Surety‖), are held and firmly bound
unto [insert name of Purchaser] as Obligee (hereinafter called ―the Supplier‖) in the amount
of [insert amount in words and figures], for the payment of which sum well and truly to be
made in the types and proportions of currencies in which the Contract Price is payable, the
Supplier and the Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS the Supplier has entered into a written Agreement with the Purchaser dated the
day of , 20 , for [name of contract and brief
description of Goods and related Services] in accordance with the documents, plans,
specifications, and amendments thereto, which to the extent herein provided for, are by
reference made part hereof and are hereinafter referred to as the Contract.
NOW, THEREFORE, the Condition of this Obligation is such that, if the Supplier shall
promptly and faithfully perform the said Contract (including any amendments thereto), then
this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Supplier shall be, and declared by the Purchaser to be, in default under the
Contract, the Purchaser having performed the Purchaser‘s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a Bid or Bids from qualified Bidders for submission to the Purchaser for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Purchaser and the Surety of the lowest responsive Bidder,
arrange for a Contract between such Bidder and Purchaser and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the Balance of the Contract
Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The
term ―Balance of the Contract Price,‖ as used in this paragraph, shall mean the
total amount payable by Purchaser to Supplier under the Contract, less the amount
properly paid by Purchaser to the Supplier; or
(3) pay the Purchaser the amount required by Purchaser to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Section X – Contract Forms 144
Any suit under this Bond must be instituted not later than twenty-eight (28) days following
the date of completion of the Supplier‘s performance of its obligations under the Contract,
including any warranty obligations.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Purchaser named herein or the heirs, executors, administrators, successors, and
assigns of the Purchaser.
In testimony whereof, the Supplier has hereunto set his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his legal representative, this day of 20 .
SIGNED ON on behalf of
By in the capacity of
In the presence of
SIGNED ON on behalf of
By in the capacity of
In the presence of
Section X - Contract Forms 145
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that [insert name of Supplier, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called ―the Applicant‖) has entered into
Contract No. [insert reference number of the contract] dated [insert date] with the
Beneficiary, for the execution of [insert name of contract and brief description of Goods and
related Services] (hereinafter called "the Contract").
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
( ) [insert amount in words] 1 upon receipt by us of the Beneficiary‘s complying
demand supported by the Beneficiary‘s statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating either that the
Applicant:
(a) has used the advance payment for purposes other than toward delivery of Goods;
or
(b) has failed to repay the advance payment in accordance with the Contract
conditions, specifying the amount which the Applicant has failed to repay.
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Purchaser.
Section X – Contract Forms 146
A demand under this guarantee may be presented as from the presentation to the Guarantor
of a certificate from the Beneficiary‘s bank stating that the advance payment referred to
above has been credited to the Applicant on its account number [insert number] at [insert
name and address of Applicant’s bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90)
percent of the Accepted Contract Amount, has been certified for payment, or on the [insert
day] day of [insert month], 2 [insert year], whichever is earlier. Consequently, any demand
for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No.758, except that the supporting statement under Article 15(a)
is hereby excluded.
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[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.