Bidding Documents for Works
1
BIDDING DOCUMENTS
Comprehensive Stabilization Support to internally displaced persons (IDPs) and the Affected Population in Ukraine
Renovation of social infrastructure objectsin the communities of Lugansk, Donetsk and Odessa regions
WBS:
CS.0635.UA10.83.03.002
CS.0635.UA10.83.03.006
Prepared by
International Organization for Migration (IOM), Mission in Ukraine
8 Mykhailivska street, Kyiv, Ukraine, 01001
01 December 2015
1
Table of Contents
Invitation to Bid ……………………………………………………………………..……….2
Section 1. Instructions to Bidders...... 3
A. General...... 4
B. Bidding Documents...... 5
C. Preparation of Bids...... 6
D. Submission of Bids...... 8
E. Bid Opening and Evaluation...... 9
F. Award of Contract...... 9
Section 2. Forms of Bid and Bill of Quantities, Qualification Information, Letter of Acceptance, and Contract Agreement
Table of Standard Forms......
Standard Form: Contractor’s Bid......
Standard Form: Qualification Information......
Standard Form: Letter of Acceptance......
Standard Form: Construction Contract ...... 18
Section 3. Technical Specifications...... 33
Section 4. Security Forms...... 34
Annex A Form: Bid Security...... 34
Annex B Form: Bid Securing Declaration…………………………………….35
Annex C Form: Performance Bank Guarantee...... 36
Annex D Form: Bank Guarantee for Advance Payment...... 37
1
INVITATION TO BID
No.:UA1-2015-2001
Date: 01.12.2015
International Organization for Migration, Mission in Ukraine(IOM) is an intergovernmental humanitarian organization established in 1951 and is committed to the principle that humane and orderly migration benefits both migrants and society.
In the framework ofthe project“Comprehensive Stabilization Support to IDPs and the Affected Population in Ukraine”funded by European Union,IOM Bids Evaluation and Award Committee (“BEAC”) now invites interested Contractors to bid for the proposedRenovation of social infrastructure objects in the communities ofLugansk, Donetsk and Odessa regions, namely:
1)Renovation services of the Local School in Kolomyichykha;
2)Renovation services of the School in Nyzhnia Duvanka;
3)Renovation services of the Municipal House of Culture “Kreminna” in Kreminna;
4)Renovation services of the RKZOZ “Center for medical and sanitary assistance” in Oleksandrivka;
5)Renovation services of the KLPZ “Dobropillia Central District Hospital” in Dobropillia;
6)Renovation services of the Children and Youth Creative Centre in Dobropillia;
7)Renovation services of the Izmail Central Public Library for Adults named after I.P. Kotlyarevskogo in Izmail;
8)Renovation services of the Shulhynka house of Culture in Shulhynka;
9)Renovation services of the First Aid Obstetric Point in Baidivka;
10)Renovation services of the Elementary School in Baidivka;
11)Renovation services of the Children’s Polyclinic in Rubizhne town;
12)Renovation services of the First-aid station (FAS) in Kolomyichykha.
Bids shall be valid for a period of 60 calendar daysafter submission of Bids and must be accompanied and shall be delivered to the BEAC at IOM,8, Mykahilivska str., Kyiv, 010. Deadline for submission of bids– 21 December 2015 by 10:00. Late bids shall be rejected.
The prices of the renovation of social infrastructure objects works shall be quoted in USD VAT excluded.
The unit rates and prices may be quoted by the Bidder in the Ukranian Hryvnyas excluding VAT, in a form of cost estimate documents (in case of using officially recognized in Ukraine software package for construction estimates calculation such as : АВК, ІВК etc.) or in the USD excluding VAT.
In case the bid contained VAT it shall be rejected.
The works are to be executed in the framework of the international technical assistance project, which, according to the Resolution of the Cabinet of Ministers dd. 15.02.2002 №153, is a justification for granting the tax exemption for the contractor, as it is required statutorily and in accordance with the Ukraine international treaties.
The winning Bidder(s), if registered in Ukraine, fills the VAT Declaration in accordance to Annex 6 to the Order of the Ministry of Finance of Ukraine dd. 25.11.2011, # 1492 "On approval of the reporting form and procedure of its completing and tax reporting of value-added tax," indicates the basis for the tax exemption, including the number of project registration card, which made the purchase of goods and services, and an appropriate international agreement.
For unit rates calculation or total amount calculation in USD one shall use UN operational rate of exchange as of the calculation date (the actual value of the exchange rate is indicated here:
Payment shall be made in the Invoice currency, according to UN operational exchange rate as of the date of payment.
IOM reserves the right to accept or reject any bids, and to cancel the procurement process and reject all bids at any time prior to award of Contract, without obligation to inform the affected Bidder/s of the ground for IOM action.
Very truly yours,
Roman Lyubchenko
BEAC Chairperson
IOM is encouraging companies to use recycled materials or materials coming from sustainable resources or produced using a technology thathas lower ecological footprints.
Section 1. Instructions to Bidders
Instructions to Bidders
A. General
1.Scope of Bid / 1.1 IOM invites bids for Renovation of social infrastructure objects in the communities ofLuhansk, Donetsk, Odessa regions:1)Renovation services of the Local School in Kolomyichykha;
2)Renovation services of the School in Nyzhnia Duvanka;
3)Renovation services of the Municipal House of Culture “Kreminna” in Kreminna;
4)Renovation services of the RKZOZ “Center for medical and sanitary assistance” in Oleksandrivka;
5)Renovation services of the KLPZ “Dobropillia Central District Hospital” in Dobropillia;
6)Renovation services of the Children and Youth Creative Centre in Dobropillia;
7)Renovation services of the Izmail Central Public Library for Adults named after I.P. Kotlyarevskogo in Izmail;
8)Renovation services of the Shulhynka house of Culture in Shulhynka;
9)Renovation services of the First Aid Obstetric Point in Baidivka;
10)Renovation services of the Elementary School in Baidivka;
11)Renovation services of the Children’s Polyclinic in Rubizhne town;
12)Renovation services of the First-aid station (FAS) in Kolomyichykha.
1.2The successful Bidder will be expected to complete the Works by the Intended Completion Date. The terms of the Works is up to 5 (five) months from the time of the contract signing.
2.Eligible Bidders / 2.1This Invitation for Bids is open to all bidders from eligible countries. Any materials, equipment, and services to be used in the performance of the Contract shall have their origin in eligible source countries.
2.2Enterprises in the IOM Mission’s country may only participate if they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of IOM.
2.3Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by IOM in accordance with sub-clause 24.1.
3.Qualification of the Bidder / 3.1All bidders shall provide in Section 2, Forms of Bid and Qualification Information, and a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.
3.2If IOM has not undertaken pre-qualification of potential bidders, all bidders shall include the following information and documents with their bids in Section 2.
(a)copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidder;
(b)copies of the original documents to authorize to carry out construction works;
(c) total monetary value of construction work performed for each of the last five years;
(d)experience in works of a similar nature and size for each of the last five years, and details of work under way or contractually committed; and clients who may be contacted for further information on those contracts;
(e)major items of construction equipment proposed to carry out the Contract;
(f)evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources);
3.3To qualify for award of the Contract, bidders shall meet the following minimum qualifying criteria:
(a)experience as prime contractor in the construction of at least 3 works of a nature and complexity equivalent to the Works over the last five years.
(b)a Contract Manager with five years’ experience in works of an equivalent nature and volume, including no less than three years as Manager
4.One Bid per Bidder / 4.1Each Bidder shall submit only one Bid.
5.Cost of Bidding / 5.1The Bidder shall bear all costs associated with the preparation and submission of his Bid and IOM will in no case be responsible or liable for those costs.
6.Site Visit / 6.1The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense.
B.Bidding Documents
7.Content of Bidding Documents / 7.1The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 9:Section1Instructions to Bidders
2Forms of Bid, Qualification Information, Letterof
Acceptance, Construction Contract
3 Technical Specifications
4Forms of Securities
7.2Complete copiesof the bidding documents are supplied to the prospective Bidder. The number of copies to be completed and returned with the Bid shall be one original copy.
8.Clarification of Bidding Documents / 8.1A prospective Bidder requiring any clarification of the bidding documents may notify IOM in writing to the e-mail address will respond to any request for clarificationreceived by posting the reply on IOM website not later than 3days prior to the deadline for submission of bids.The information does not include identifying its source.
9.Amendment of Bidding Documents / 9.1Before the deadline for submission of bids, IOM may modify the bidding documents by issuing addendum.
9.2Any addendum thus issued shall be part of the bidding documents and shall be posted on IOM web siteas adjustment to the bidding documents.
9.3To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, IOM shall extend, as necessary, the deadline for submission of bids.
C.Preparation of Bids
10.Documents Comprising the Bid / 10.1The Bid submitted by the Bidder shall comprise the following:10.1.1Technical Documents –
a)Bid Security as to form, amount, and validity period;
b)Authority of the signing official;
c)Construction schedule;
d)Manpower schedule;
e)Construction methods;
f)List of contractor’s personnel (viz., Project Manager, Project Engineers, Materials Engineers, and Foremen), to be assigned to the contract to be Bid, with their complete qualification and experience data;
g)List of contractor’s equipment units, which are owned, leased, and/or under purchase agreements, supported by certification of availability of equipment from the equipment lessor/vendor for the duration of the project;
h)Construction safety and health program of the contractor;
i)Certificate from the Bidder under oath of its compliance with existing labor laws and standards;
j)All Bid Bulletins/Addendums
k)Any other documents as specified
10.1.2Financial Documents –
a)Contractors Bid and priced Bill of Quantities (cost estimates);
b)Detailed estimates including a summary sheet indicating the unit prices of construction materials, labor rates and equipment rentals used in coming up with the Bid;
c)Any other documents as specified
11.Bid Prices / 11.1The Contract shall be for the whole Works, as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder according to the technical scope of works.
11.2IOM enjoys the same tax/duty privilege like UN specialized agencies. IOM is VAT exempted.
11.3The rates and prices quoted by the Bidder shall not be subjected to adjustment during the performance of the Contract unless provided for in the Conditions of Contract.
12.Currencies of Bid and Payment / 12.1 Total Bid amount shall be quoted in USD.
The unit rates and prices shall be quoted by the Bidder in the UA Hryvnia or USD currency without VAT. The Bidders may quote prices per unit in UA Hryvnia (provided that the software package, used for construction estimates calculation, is officially recognized in Ukraine) or USD without VAT. In case the bid contained VAT it shall be rejected.
13.Bid Validity
14. Bid Security / 13.1Bids shall remain valid for 60 days.
13.2In exceptional circumstances, IOM may request that the bidders extend the period of validity for a specified additional period but in no case more than 30 days. The request and the bidders’ responses shall be made in writing or by cable.
14.1The Bidder shall provide, as a part of bid proposal documents, the Bid Security in the form of a bank guarantee from a reputable bank located in the country of IOM Mission or abroad for 2,5% for the advanced payment, or shall provide Bid Securing Declaration in case Bid Security is impossible to be issued.Please note that provision of Bid Security will constitute a competitive advantage over Bid Securing Declaration during evaluation of the Bids.
15.Format and Signing of Bid / 15.1The Bidder shall prepare one original of the documents comprising the Bid as described in Instructions to Bidders, bound with the volume containing the Form of Bid, and clearly marked “ORIGINAL.”
15.2The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to Sub-Clauses 3.2 (a) or 3.3 (b), as the case may be. All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid.
15.3The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Mission, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.
D. Submission of Bids
16.Sealing and Marking of Bids / 16.1The Bidder shall seal the original of the Bid in one outer envelope.16.2The outer envelope shall
(a)be addressed to:
International Organization for Migration, Mission in Ukraine
Procurement Unit
8, Mykhailivska Street, Kyiv, Ukraine, 01001
(b)bear the name and identification number of the Contract (UA1-2015-2001) and
(c)provide a warning not to open before the specified time and date for Bid opening as defined in Sub-clause19.1
16.3In addition to the identification required in Sub-Clause 16.2, the envelope shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late.
17.Deadline for Submission of Bids / 17.1Bids shall be delivered to IOM at the address specified above no later than10:00, 21 December 2015.
17.2IOM may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 9, in which case all rights and obligations of IOM and the bidders previously subject to the original deadline will then be subject to the new deadline.
18.Modification and Withdrawal of Bids / 18.1Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 17.
18.2Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in the envelopes additionally marked “MODIFICATION” or “WITHDRAWAL,” as appropriate.
18.3No Bid may be modified after the deadline for submission of Bids.
18.4Bidders may only offer discounts to, or otherwise modify the prices of their bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission.
E. Bid Opening and Evaluation
19.Bid Opening / 19.1IOM will open the bids on21of December 2015in the office of the IOM Mission in Ukraine, 8, Mykhailivska Street, Kyiv.19.2Envelopes marked “WITHDRAWAL” shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 17 shall not be opened.
19.3The bidders’ names, the Bid prices, the total amount of each Bid, any discounts, Bid modifications and withdrawals, the presence or absence of Bid Security, and such other details as IOM may consider appropriate, will be announced by IOM at the opening.
19.4IOM will prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-Clause 19.3.
19.5BEACwill evaluate the bids according to its compliance with technical specifications, bidding documents requirements, and other criteria, applying the scoring system in accordance with the table below:
Criteria / Max. score
1 / Offered contract price / 35
2 / Compliance with ToR / 35
3 / Relevant experience and assessed capacity / 15
4 / Reference-list and customer references / 10
5 / Provision of Bid Security in form of the bank guarantee / 5
Total / 100
20.Process to Be Confidential / 20.1Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence IOM’s processing of bids or award decisions may result in the rejection of his Bid.
F. Award of Contract
21.Notification of Award and Signing of Agreement / 21.1The Bidder whose Bid has been accepted will be notified of the award by IOM prior to expiration of the Bid validity period by cable, telex, or facsimile confirmed by registered letter. This letter (hereinafter called the “Letter of Acceptance”) will state the sum that IOM will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).21.2The Letter of Acceptance will constitute the formation of the Contract, subject to the Bidder furnishing the Performance Security in accordance with Clause 22 and signing the Agreement in accordance with Sub-Clause 21.3.
21.3The Agreement will incorporate all agreements between IOM and the successful Bidder. It will be signed by IOM and sent to the successful Bidder, within 28 days following the notification of award along with the Notice of Award. Within 21 days of receipt, the successful Bidder will sign the Agreement and deliver it to IOM.
21.4Upon the furnishing by the successful Bidder of the Performance Security, IOM will promptly notify the other bidders that their bids have been unsuccessful.
22.Performance Security / 22.1Within 21 days after receipt of the Notice of Award, the successful Bidder shall deliver to IOM a Performance Security and in the form of the Bank Guarantee, denominated in the type and proportions of currencies in the Notice of Award and in Accordance with the Conditions of Contract.
22.2If the Performance Security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued either (a) at the Bidder’s option, by a bank located in the country of IOM or a foreign bank through a correspondent bank located in the country of IOM, or (b) with the agreement of IOM directly by a foreign bank acceptable to IOM.
22.3Failure of the successful Bidder to comply with the requirements of Sub-Clause22.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.
23.Adjudicator / 23.1Any dispute or difference in view regarding the Agreement shall be settled in so far as it is possible, by mutual consultation and consent.
23.2If both parties fail to come to an agreement, the dispute shall be settled by arbitration under the auspices of United Nations Commission of International Trade Law (UNCITRAL).
24. Corrupt or Fraudulent Practices / 24.1IOM requires that all IOM Staff, Bidders/Contractors,manufacturers, suppliers or distributors, observe the highest standard of ethics during procurement and execution of all contracts. IOM shall reject any Bids put forward by Bidders or where applicable terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. In pursuance of this policy, IOM :
(a)defines, for the purposes of this provision, the terms set forth below as follows:
(i)“corrupt practice” means the offering, giving, receiving or soliciting directly or indirectly anything of value to influence the action of the Procuring/Contracting Entity in the procurement process or in contract execution;
(ii)“fraudulent practice” is any acts or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of a contract, to obtain a financial gain or other benefit to avoid an obligation;
(iii)“collusive practice” is an undisclosed arrangement between two or more contractors designed to artificially alter the results of the tender procedure to obtain a financial gain or benefit;
(iv)“coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or after the execution of a contract.
(b)will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;
(c)will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded an IOM financed contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, an IOM financed contract.
Section 2. Forms of Bid and Bill of Quantities, Qualification Information, Letter of Acceptance, and Contract Agreement
Table of Standard Forms
Standard Form: Contractor’s Bid and Bill of QuantitiesStandard Form: Qualification Information,
Standard Form: Letter of Acceptance,
Standard Form: Construction Contract
Standard Form: Contractor’s Bid
BID FORM