1
GOVERNMENT OF......
PROJECT......
BID [TENDER] NO......
NATIONAL COMPETITIVE BIDDING
(One-Envelope Bidding Process without e-Procurement)
(FOR ITEM RATE/ADMEASUREMENT CONTRACTS IN CIVIL WORKS)
(Upto US$ 20 Million)
NAME OF WORK:
PERIOD OF SALE OF :FROM
BIDDING DOCUMENTTO
TIME AND DATE OF:DATE ———— TIME ———— HOURS
PRE-BID CONFERENCE
LAST DATE AND TIME FOR :DATE ———— TIME ———— HOURS
RECEIPT OF BIDS
* TIME AND DATE OF OPENING :DATE ———— TIME ———— HOURS OF BIDS
PLACE OF OPENING OF BIDS:
:
:
OFFICER INVITING BIDS:
* Should be the same as for the deadline for receipt of bids or promptly thereafter.
April 2017
INVITATION FOR BID
(IFB)
GOVERNMENT OF ……………..
………………….………PROJECT
INVITATIONS FOR BIDS (IFB)
NATIONAL COMPETITIVE BIDDING
Date:
Bid No.:
- The Government of India has received/applied for/intends to apply forfinancing from the World Bank towards the cost of ……………..Project and intends to apply a part of the funds to cover eligible payments under the contracts[1] for construction of works as detailed below.
- Bidding will be conducted through National Competitive Bidding procedures agreed with the World Bank. Bidding is open to all eligible bidders as defined in theWorld Bank’s Guidelines:Procurement of Goods, Works and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers, January 2011[modify if required,thedate/month of applicable Guidelines edition as per legal agreement].Bidders from India should, however, be registered with the Government of ……………....or other State Governments/Government of India, or State/Central Government Undertakings.
- Bidders from India, who are not registered as above, on the date of bidding, can also participate provided they get themselves registered by the time of contract signing, if they become successful bidders. Bidders are advised to note the clauses on eligibility (Section I Clause 4) and minimum qualification criteria (Section III – Evaluation and Qualification Criteria), to qualify for the award of the contract.In addition, please refer to paragraphs 1.6 and 1.7 of the World Bank’s Guidelines setting forth the World Bank’s policy on conflict of interest.
- The …………………………(Implementing Agency)invites sealed bids for the construction of works detailed below in the table. The bidders may submit bids for any or all of the works indicated therein.
- Bidding documents (and additional copies) may be purchased from the office of ………………..from……to…... for a non-refundable fee (three sets) as indicated in the table, in the form of cash or Demand Draft on any Scheduled/Nationalized bankpayableat…………in favour of………………… Interested bidders may obtain further information at the same address. Bidding documents requested by mail will be dispatched by courier/speed post on payment of an extra amount of Rs…….. The ……..(Implementing Agency) will not be held responsible for the postal delay if any, in the delivery of the documents or non-receipt of the same.(In cases where the bidding documents are allowed to be downloaded from the website……………please state clearly whether payment towards the cost of bid documents should accompany the bid submission, or it can be downloaded and used without any payment. In all such cases, the bidder would be responsible for ensuring that any addenda available on the website is also downloaded and incorporated.)
- All Bids must be accompanied by a bid security of the amount specified for the work in the table below, drawn in favour of …………. Bid security will have to be in any one of the forms as specified in the bidding document and shall have to be valid for 45 days beyond the validity of the bid.
- Bids must be delivered to……………………………on or before…………..hours on…….. (Date) and will be publically opened on the same day at…… hours, in the presence of the bidders designated representatives who wish to attend. If the office happens to be closed on the date of receipt of the bids as specified, the bids will be received and opened on the next working day at the same time and venue. Late Bids will be rejected.
- A pre-bid meeting will be held on………………….. at ………….hrs. at the office of …………………….to clarify the issues and to answer questions on any matter that may be raised at that stage as stated in ITB Clause 7.4 of ‘Instructions to Bidders’ of the bidding document.
- Other details can be seen in the bidding documents.
- The address for communication is as under:
(a)Name & Designation of Officer ……………………………….
(b)Official Address ………………………………………………..
(c)Email ………………………………………………………….
(d)Telephone …………………………………………………….
TABLE
Package No / Name of Work / Bid Security *(Rs.) / Cost of Document
(Rs.) / Period of Completion
1 / 2 / 3 / 4 / 5
Seal of office
Note * - The values should be rounded off to the nearest ten thousands of rupees.
The IFB should be identical to that which appeared in the press/ website.
PART 1 – Bidding Procedures
Section I. Instructions to Bidders
This Section of the Bidding Documents should provide the information necessary for bidders to prepare responsive bids, in accordance with the requirements of the Employer. It should also give information on bid submission, opening and evaluation, and on the award of Contract.
Matters governing the performance of the Contractor, payments under the Contract, or matters affecting the risks, rights, and obligations of the parties under the Contract are not normally included in this Section, but rather under Section VIII, General Conditions of Contract(GCC), and/or Section IX, Particular Conditions of Contract (PCC). If duplication of a subject is inevitable in the different sections of the documents, care must be exercised to avoid contradictions between clauses dealing with the same matter.
These Instructions to Bidders shall not be part of the Contract Agreement and shall cease to have effect once the Contract is signed.
Section 1 - Instructions to Bidders
Table of Clauses
A.General
1.Scope of Bid
2.Source of Funds
3.Corrupt and Fraudulent Practices
4.Eligible Bidders
5.Eligible Materials, Equipment and Services
B.Contents of Bidding Document
6.Sections of Bidding Document
7.Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
8.Amendment of Bidding Document
C.Preparation of Bids
9.Cost of Bidding
10.Language of Bid
11.Documents Comprising the Bid
12.Letter of Bid and Schedules
13.Alternative Bids
14.Bid Prices and Discounts
15.Currencies of Bid and Payment
16.Documents Comprising the Technical Proposal
17.Documents Establishing the Qualifications of the Bidder
18.Period of Validity of Bids
19.Bid Security
20.Format and Signing of Bid
D.Submission and Opening of Bids
21.Sealing and Marking of Bids
22.Deadline for Submission of Bids
23.Late Bids
24.Withdrawal, Substitution, and Modification of Bids
25.Bid Opening
E.Evaluation and Comparison of Bids
26.Confidentiality
27.Clarification of Bids
28.Deviations, Reservations, and Omissions
29.Determination of Responsiveness
30.Nonconformities, Errors, and Omissions
31.Correction of Arithmetical Errors
32.Conversion to Single Currency
33.Margin of Preference
34.Sub-contractors
35.Evaluation of Bids
36.Comparison of Bids
37.Qualification of the Bidder
38.Employer’s Right to Accept Any Bid, and to Reject Any or All Bids
F.Award of Contract
39.Award Criteria
40.Notification of Award
41.Signing of Contract, Publication of award and Recourse to unsuccessful Bidders
42.Performance Security
43.Adjudicator or Dispute Review Expert
Section I - Instructions to Bidders
- General
- Scope of Bid
1.2Throughout this Bidding Document:
(a)the term “in writing” means communicated in written form and delivered against receipt;
(b)except where the context requires otherwise, words indicating the singular also include the plural and words indicating the plural also include the singular; and
(c)“day” means calendar day.
- Source of Funds
2.2 Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the Loan (or other financing) account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).
- Corrupt and Fraudulent Practices
3.2In further pursuance of this policy, Bidders shall permit and shall cause its agents (whether declared or not), sub-contractors, sub-consultants, service providers, or suppliers and any personnel thereof, to permit the Bank to inspect all accounts, records and other documents relating to any prequalification process, bid submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
- Eligible Bidders
4.1.2Bids submitted by a joint venture of two or more firms as members when permitted as per BDS ITB Clause 4.1.1 shall comply with the following requirements:
[a]the bid shall include all the information listed in Bidders Qualification Forms for all the Members. The maximum number of members in the Joint Venture shall be as specified in theBDS;
[b]the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on all members;
[c]one of the members shall be nominated as being in charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the members;
[d]the member in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all members of the joint venture and the entire execution of the contract, including payment, shall be done exclusively with the member in charge;
[e]all members of the joint venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned under (c) above, as well as in the bid and in the Agreement [in case of a successful bid];
[f]The joint venture agreement should indicate precisely the role of all members of JV in respect of planning, design, construction equipment, key personnel, work execution, and financing of the project. All members of JV should have active participation in the execution during the currency of the contract. This should not be varied/modified subsequently without prior approval of the Employer;
[g]The joint venture agreement should be registered in place specified inBDS so as to be legally valid and binding on members; and
[h]a copy of the Joint Venture Agreement entered into by the members shall be submitted with the bid. Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the event of a successful bid shall be signed by all members and submitted with the bid, together with a copy of the proposed Agreement.
4.2A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this bidding process, if the Bidder:
(a)directly or indirectly controls, is controlled by 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 through common third parties, that puts it in a position to influence the bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or
(e)participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which such Bidder is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or
(f)any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the bid; or
(g)any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager (Engineer) for the Contract implementation; or
(h)would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
(i)has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (ii) would be involved in the implementation or supervision of such contract unlessthe conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the procurement process and execution of the contract.
4.3A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.7. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed sub-contractors or sub-consultants for any part of the Contract including related Services.
4.4A Bidder that has been sanctioned by the Bank in accordance with the above ITB 3.1, including in accordance with the Bank’s Guidelines on Preventing and Combating Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants (“Anti-Corruption Guidelines”), shall be ineligible to be prequalified for, bid 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.
4.5Bidders that are Government-owned enterprises or institutions in the Employer’s Country may participate only if they can establish that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not dependent agencies of the Employer. To be eligible, a government-owned enterprise or institution shall establish to the Bank’s satisfaction, through all relevant documents, including its Charter and other information the Bank may request, that it: (i) is a legal entity separate from the government (ii) does not currently receive substantial subsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged to pass on its surplus to the government, can acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be declared bankrupt; and (iv) is not bidding for a contract to be awarded by the department or agency of the government which under their applicable laws or regulations is the reporting or supervisory authority of the enterprise or has the ability to exercise influence or control over the enterprise or institution.
4.6Not used.
4.7Firms 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.
4.8Bidder shall provide such evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request
4.9 Not used
- Eligible Materials, Equipment and Services
- Contents of Bidding Document
- Sections of Bidding Document
PART 1Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Section VI- Bank Policy-Corrupt and Fraudulent Practices
PART 2Work’s Requirements
Section VII - Works Requirements
PART 3Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract (GCC)
Section IX - Particular Conditions of Contract (PCC)