Bid Standard
Bid Standard
Bid Standard
Procurement of Small
Works
April 2008
iii
Foreword
This Standard Bidding Document for Procurement of Small Works has been prepared by the
World Bank. The Standard Bidding Document for Procurement of Small Works is based on
the Master Document for Procurement of Small Works, prepared by the Multilateral
Development Banks and International Financing Institutions.
The Standard Bidding Document for Procurement of Small Works reflects the structure and
the provisions of the Master Procurement Document for the Procurement of Small Works,
except where specific considerations within The World Bank have required a change.
iv
Preface
This Standard Bidding Document for Procurement of Small Works has been prepared for use
in contracts financed by the International Bank for Reconstruction and Development (IBRD)
and its affiliate, the International Development Association (IDA),1 involving “smaller”
contracts – valued at generally less than US$10 million by International Competitive Bidding
(ICB), though it may also be adapted to National Competitive Bidding (NCB). This
document is intended as a model in the award of admeasurement (unit prices or unit rates in a
bill of quantities) and lump sum types of contracts, which are the most common in Works
contracting.
Lump sum contracts are used in particular for buildings and other forms of construction
where the Works are well defined and are unlikely to change in quantity or specification, and
where encountering difficult or unforeseen site conditions (for example, hidden foundation
problems) is unlikely. Lump sum contracts should be used for Works that can be defined in
their full physical and qualitative characteristics before bids are called, or where the risks of
substantial design variations are minimal, such as bus shelters or school ablution units. In
lump sum contracts, the concept of priced “activity schedules” is used, to enable payments to
be made on the basis of percentage completion of each activity.
If the user has questions regarding the use of this SBD, the appropriate Bank’s official should
be consulted.
1
IBRD and IDA are generally called the World Bank. Since the procurement requirements for IBRD
and IDA are identical, “World Bank” in these Bidding Documents refers to both IBRD and IDA, and
“loan” refers to either an IBRD loan or an IDA credit. However, for the Invitation for Bids, the
distinctions are retained.
v
Summary Description
This Standard Bidding Document for Procurement of Small Works and its User’s Guide is to
be used when a prequalification process has not taken place before bidding and, therefore,
postqualification applies. A brief description of these documents is given below.
PROCUREMENT DOCUMENTS
Employer: _____________
Country: _____________
Section 1 - Instructions to Bidders 1-ix
Table of Clauses
A. General.......................................................................................................................1-5
1. Scope of Bid...............................................................................................................1-5
2. Source of Funds..........................................................................................................1-5
3. Fraud and Corruption..................................................................................................1-5
4. Eligible Bidders..........................................................................................................1-7
5. Eligible Materials, Equipment and Services...............................................................1-9
C. Preparation of Bids................................................................................................1-12
9. Cost of Bidding.........................................................................................................1-12
10. Language of Bid.......................................................................................................1-12
11. Documents Comprising the Bid...............................................................................1-12
12. Letter of Bid and Schedules......................................................................................1-13
13. Alternative Bids........................................................................................................1-13
14. Bid Prices and Discounts..........................................................................................1-13
15. Currencies of Bid and Payment................................................................................1-14
16. Documents Comprising the Technical Proposal......................................................1-14
17. Documents Establishing the Qualifications of the Bidder........................................1-15
18. Period of Validity of Bids.........................................................................................1-15
19. Bid Security..............................................................................................................1-15
20. Format and Signing of Bid.......................................................................................1-17
26. Confidentiality..........................................................................................................1-20
1-4
F. Award of Contract..................................................................................................1-25
A. General
1. Scope of Bid 1.1 The Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of the Works as specified in
Section 6 (Employer’s Requirements). The name, identification,
and number of contracts of this bidding are provided in the
BDS.
2. Throughout 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.
3. Source of Funds 4. The Borrower or Recipient (hereinafter called “Borrower”)
indicated in the BDS has applied for or received financing
(hereinafter called “funds”) from the World Bank (hereinafter
called “the Bank”) toward the cost of the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding
Document is issued.
5. Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with the
terms and conditions of the financing agreement between the
Borrower and the Bank (hereinafter called the Loan Agreement),
and will be subject in all respects to the terms and conditions of
that Loan Agreement. No party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to
the funds.
6. Fraud and 7. It is the Bank’s policy to require that Borrowers (including
Corruption beneficiaries of Bank loans), as well as bidders, suppliers, and
contractors and their subcontractors under Bank-financed
contracts, observe the highest standard of ethics during the
procurement and execution of such contracts.2 In pursuance of
2
In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the
procurement process or contract execution for undue advantage is improper.
1-6 Section I - Instructions to Bidders
contract
13. Eligible 13.1 The materials, equipment and services to be supplied under the
Materials, Contract shall have their origin in eligible source countries as
Equipment and defined in ITB 4.2 above and all expenditures under the Contract
Services will be limited to such materials, equipment, and services. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
13.2 For purposes of ITB 5.1 above, “origin” means the place where
the materials and equipment are mined, grown, produced or
manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that
differs substantially in its basic characteristics or in purpose or
utility from its components.
1-10 Section I - Instructions to Bidders
16. The Bidder is encouraged to visit and examine the Site of Works
and its surroundings and obtain for itself, on its own risk and
responsibility, 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.
16.1 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands
for the purpose of such visit, but only upon the express condition
that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the
inspection.
16.2 The Bidder’s designated representative is invited to attend a pre-
bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
16.3 The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Employer not later than one
week before the meeting.
16.4 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Bidders who have
acquired the Bidding Document in accordance with ITB 6.3. Any
modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an addendum pursuant
to ITB 8 and not through the minutes of the pre-bid meeting.
16.5 Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
17. Amendment of 17.1 At any time prior to the deadline for submission of bids, the
Bidding Employer may amend the Bidding Document by issuing
Document addenda.
17.2 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 Employer in accordance with ITB
6.3.
1-12 Section I - Instructions to Bidders
C. Preparation of Bids
18. Cost of Bidding 19. The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
20. Language of Bid 21. The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, 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 in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid,
such translation shall govern.
22. Documents 22.1 The Bid shall comprise the following:
Comprising the
Bid (a) Letter of Bid;
(b) completed Schedules, in accordance with ITB 12 and 14,
or as stipulated in the BDS;
(c) Bid Security or Bid Securing Declaration, in accordance
with ITB 19;
(d) alternative bids, at Bidder’s option and if permissible, in
accordance with ITB 13;
(e) written confirmation authorizing the signatory of the Bid
to commit the Bidder, in accordance with ITB 20.2;
(f) documentary evidence in accordance with ITB 17
establishing the Bidder’s qualifications to perform the
contract;
(g) Technical Proposal in accordance with ITB 16;
(h) In the case of a bid submitted by a joint venture (JV), the
JV agreement, or letter of intent to enter into a JV including
a draft agreement, indicating at least the parts of the Works
to be executed by the respective partners; and
Section I - Instructions to Bidders 1-13
31.2 The price to be quoted in the Letter of Bid shall be the total price
of the Bid, excluding any discounts offered.
31.3 Unconditional discounts, if any, and the methodology for their
application shall be quoted in the Letter of Bid, in accordance
with ITB 12.1.
31.4 If so indicated in ITB 1.1, bids are invited for individual
contracts or for any combination of contracts (packages). Bidders
wishing to offer any price reduction for the award of more than
one Contract shall specify in their bid the price reductions
applicable to each package, or alternatively, to individual
Contracts within the package. Price reductions or discounts shall
be submitted in accordance with ITB 14.3, provided the bids for
all contracts are submitted and opened at the same time.
31.5 Unless otherwise provided in the BDS and the Conditions of
Contract, the prices quoted by the Bidder shall be fixed. If the
prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of
the Conditions of Contract, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the Schedule
of Adjustment Data in Section IV (Bidding Forms) and the
Employer may require the Bidder to justify its proposed indices
and weightings.
31.6 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids, shall be included in
the rates and prices and the total bid price submitted by the
Bidder.
32. Currencies of 32.1 The currency(ies) of the bid shall be as specified in the BDS.
Bid and Payment
32.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in the
prices shown in the appropriate form(s) of Section IV, in which
case a detailed breakdown of the foreign currency requirements
shall be provided by Bidders.
33. Documents 33.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule and
Technical any other information as stipulated in Section IV (Bidding
Proposal Forms), in sufficient detail to demonstrate the adequacy of the
Bidders’ proposal to meet the work requirements and the
completion time.
Section I - Instructions to Bidders 1-15
55. Deviations, 55.1 During the evaluation of bids, the following definitions apply:
Reservations,
and 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.
56. Determination of 56.1 The Employer’s determination of a bid’s responsiveness is to be
Responsiveness based on the contents of the bid itself, as defined in ITB11.
56.2 A substantially responsive bid is one that meets the requirements
of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
56.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section 6
(Employer’s Requirements) have been met without any material
deviation, reservation or omission.
57. If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
58. Nonconformities, 59. Provided that a bid is substantially responsive, the Employer may
Errors, and waive any nonconformities in the bid.
Omissions
60. Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
1-22 Section I - Instructions to Bidders
30.3;
(f) application of all the evaluation factors indicated in Section
III (Evaluation and Qualification Criteria);
68.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.
68.4 If this Bidding Document allows Bidders to quote separate prices
for different contracts, and to award multiple contracts to a single
Bidder, the methodology to determine the lowest evaluated price
of the contract combinations, including any discounts offered in
the Letter of Bid, is specified in Section III (Evaluation and
Qualification Criteria).
68.5 If the bid for an admeasurement contract, which results in the
lowest Evaluated Bid Price, is seriously unbalanced, front loaded
or substantially below updated estimates in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analyses, taking into consideration
the schedule of estimated Contract payments, the Employer may
require that the amount of the performance security be increased
at the expense of the Bidder to a level sufficient to protect the
Employer against financial loss in the event of default of the
successful Bidder under the Contract.
69. Comparison of 69.1 The Employer shall compare all substantially responsive bids in
Bids accordance with ITB 34.2 to determine the lowest evaluated bid.
70. Qualification of 70.1 The Employer shall determine to its satisfaction whether the
the Bidder Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III (Evaluation and Qualification Criteria).
70.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 17.1.
70.3 An affirmative determination of qualification shall be a
prerequisite for award of the Contract to the Bidder. A negative
determination shall result in disqualification of the bid, in which
event the Employer shall proceed to the next lowest evaluated
bid to make a similar determination of that Bidder’s
qualifications to perform satisfactorily.
Section I - Instructions to Bidders 1-25
71. Employer’s Right 71.1 The Employer reserves the right to accept or reject any bid, and
to Accept Any to annul the bidding process and reject all bids at any time prior
Bid, and to to contract award, without thereby incurring any liability to
Reject Any or Bidders. In case of annulment, all bids submitted and
All Bids specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
72. Award Criteria 72.1 Subject to ITB 37.1, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
73. Notification of 73.1 Prior to the expiration of the period of bid validity, the Employer
Award shall notify the successful Bidder, in writing, via the Letter of
Acceptance included in the Contract Forms, that its bid has been
accepted. At the same time, the Employer shall also notify all
other Bidders of the results of the bidding, and shall publish in
UNDB online and in the dgMarket the results identifying the bid
and lot numbers and the following information: (i) name of each
Bidder who submitted a Bid; (ii) bid prices as read out at Bid
Opening; (iii) name and evaluated prices of each Bid that was
evaluated; (iv) name of bidders whose bids were rejected and the
reasons for their rejection; and (v) name of the winning Bidder, and
the Price it offered, as well as the duration and summary scope of
the contract awarded.
73.2 Until a formal contract is prepared and executed, the notification
of award shall constitute a binding Contract.
74. The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after notification of award in
accordance with ITB 39.1, requests in writing the grounds on
which its bid was not selected.
75. Signing of 75.1 Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
75.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to
the Employer.
1-26 Section I - Instructions to Bidders
76. Performance 76.1 Within twenty-eight (28) days of the receipt of notification of
Security award from the Employer, the successful Bidder shall furnish the
performance security in accordance with the conditions of
contract, subject to ITB 34.5, using for that purpose the
Performance Security Form included in Section IX (Contract
Forms), or another form acceptable to the Employer. 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 Employer. A foreign institution providing a
bond shall have a correspondent financial institution located in
the Employer’s Country.
76.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Employer may
award the Contract to the next lowest evaluated Bidder whose
offer is substantially responsive and is determined by the
Employer to be qualified to perform the Contract satisfactorily.
76.3 The above provision shall also apply to the furnishing of a
domestic preference security if so required.
77. Adjudicator 77.1 The Employer proposes the person named in the BDS to be
appointed as Adjudicator under the Contract, at the hourly fee
specified in the BDS, plus reimbursable expenses. If the Bidder
disagrees with this proposal, the Bidder should so state in his
Bid. If, in the Letter of Acceptance, the Employer does not agree
on the appointment of the Adjudicator, the Employer will request
the Appointing Authority designated in the Particular Conditions
of Contract (PCC) pursuant to Clause 23.1 of the General
Conditions of Contract (GCC), to appoint the Adjudicator.
1-27
ITB 1.1 The name of the bidding process is: [insert complete name]
The identification number of the bidding process is: [insert identification
number]
The number and identification of lots comprising this bidding process is:
[insert number of lots and identification number of each lot, if
applicable]
ITB 2.1 The name of the Project is: [insert name of the Project]
ITB 4.1(a) The individuals or firms in a JV, [insert “shall” or “shall not”] be jointly
and severally liable.
B. Bidding Documents
ITB 7.1
For clarification purposes only, the Employer’s address is:
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: : [insert telephone number, including country and city codes]
Facsimile number: [insert phone number, with country and city codes]
Electronic mail address: [insert email address, if applicable]
Requests for clarification should be received by the Employer no later
than: [insert no. of days].
ITB 7.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place. If a Pre-Bid
1-28
meeting will take place, it will be at the following date, time and place:
[insert date, time & place below, if applicable]
Time:
Place:
A site visit conducted by the Employer [insert “shall be” or “shall not
be”] organized.
C. Preparation of Bids
ITB 11.1 (b) The following schedules shall be submitted with the bid: [insert schedules
that must be submitted with the Bid, including the priced Bill of
Quantities for admeasurement contracts and Schedule of Prices for lump
sum contracts]
ITB 11.1 (i) The Bidder shall submit with its bid the following additional documents:
[insert type of any additional documents not already listed in ITB 11.1
that must be submitted with the Bid].
ITB 13.1 Alternative bids [insert “shall be” or “shall not be”] permitted.
ITB 13.2 Alternative times for completion [insert “shall be” or “shall not be”]
permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III (Evaluation and Qualification Criteria).
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [insert parts of the Works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III (Evaluation and Qualification Criteria).
ITB 14.6 The prices quoted by the Bidder [insert “shall be” or “shall not be”]
subject to adjustment during the performance of the Contract.
[Choose one of the following options as appropriate.]
ITB 15.1
[In case of ICB] The prices shall be quoted by the bidder in: [insert the
currency] A Bidder expecting to incur expenditures in other currencies for
inputs to the Works supplied from outside the Employer’s country
(referred to as the “foreign currency requirements”) and wishing to be paid
Section II - Bid Data Sheet 1-29
[or]
[In case of NCB] The prices shall be quoted by the bidder in: [insert the
local currency]
ITB 18.1 The bid validity period shall be: [insert the number of days deemed
appropriate.] days.
[Choose one of the following options as appropriate.]
ITB 19.1
- A bid security or a Bid Securing Declaration shall not be required.
[or]
- The Bidder shall furnish a bid security in the amount of [insert amount
and currency].
[or]
- The Bidder shall furnish a Bid Securing Declaration.
ITB 20.1 In addition to the original of the bid, the number of copies is: [insert
number of copies required].
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall indicate: [insert “
(a) The name and description of the documentation required to
demonstrate the authority of the signatory to sign the Bid such as a
Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV an
undertaking signed by all parties (i) stating that all parties shall be
jointly and severally liable, if so required in accordance with ITB
4.1(a), and (ii) nominating a Representative who shall have the
authority to conduct all business for and on behalf of any and all
the parties of the JV during the bidding process and, in the event
the JV is awarded the Contract, during contract execution.”]
1-30 Section II - Bid Data Sheet
ITB 21.1 (b) If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be: [insert a description of
the electronic bidding submission procedures].
ITB 22.1 For bid submission purposes only, the Employer’s address is: [insert all
required and applicable information]
Attention:
Street Address:
Floor/Room number:
City:
ZIP Code:
Country:
The deadline for bid submission is:
Date:
Time:
ITB 25.1 The bid opening shall take place at: [insert all required and applicable
information]
Street Address:
Floor/Room number:
City:
Country:
Date:
Time:
ITB 25.1 If electronic bid submission is permitted in accordance with ITB 21.1, the
specific bid opening procedures shall be: [insert description of the
procedures.]
This section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders if the bidding was not preceded by a prequalification exercise and postqualification
is applied. In accordance with ITB 34 and ITB 36, no other methods, criteria and factors shall
be used. The Bidder shall provide all the information requested in the forms included in
Section 4 (Bidding Forms).
Table of Criteria
1. Evaluation...............................................................................................................1-34
2. Qualification............................................................................................................1-35
2.1 Eligibility..................................................................................................................1-35
2.2 Historical Contract Non-Performance......................................................................1-36
2.3 Financial Situation....................................................................................................1-37
2.4 Experience................................................................................................................1-39
2.5 Personnel..................................................................................................................1-41
2.6 Equipment.................................................................................................................1-41
1-34
1. Evaluation
In addition to the criteria listed in ITB 34.1 (a) – (e) the following criteria shall
apply:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include an assessment of
the Bidder's technical capacity to mobilize key equipment and personnel for
the contract consistent with its proposal regarding work methods, scheduling,
and material sourcing in sufficient detail and fully in accordance with the
requirements stipulated in Section VI (Employer's Requirements).
1.2 Multiple Contracts
Pursuant to Sub-Clause 34.4 of the Instructions to Bidders, if Works are
grouped in multiple contracts, evaluation will be as follows:
1.3 Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be
evaluated as follows:
1.4 Technical Alternatives
Technical alternatives, if permitted under ITB 13.4, will be evaluated as
follows:
1.5 Margin of Preference [Applicable for ICB only]
If a margin of preference shall apply under ITB 33.1, the procedure will be as
follows as:
Section III - Evaluation and Qualification Criteria 1-35
2. Qualification
2.1 Eligibility
Factor
Criteria
Bidder
Sub-Factor Documentation
Requirement Single Entity Joint Venture, Consortium or Association Required
All partners Each At least one
combined partner partner
2.1.1 Nationality Nationality in accordance Must meet Existing or Must meet N/A Form ELI –1.1 and
with ITB 4.2. requirement intended JV requirement 1.2, with attachments
must meet
requirement
2.1.2 Conflict of No- conflicts of interests as Must meet Existing or Must meet N/A Letter of Bid
Interest described in ITB 4.3. requirement intended JV requirement
must meet
requirement
2.1.3 Bank Not having been declared Must meet Existing JV Must meet N/A Letter of Bid
Ineligibility ineligible by the Bank as requirement must meet requirement
described in ITB 4.4. requirement
2.1.4 Government Compliance with conditions Must meet Must meet Must meet Form ELI –1.1 and
N/A
Owned Entity of ITB 4.5 requirement requirement requirement 1.2, with attachments
2.1.5 Ineligibility Not having been excluded as Letter of Bidt
based on a United a result of the Borrower’s
Nations resolution or country laws or official Existing JV
Must meet Must meet
Borrower’s country regulations, or by an act of must meet N/A
requirement requirement
law compliance with UN Security requirement
Council resolution, in
accordance with ITB 4.8
1-36 Section III - Evaluation and Qualification Criteria
Criteria
Bidder
Sub-Factor Documentation
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each At least one
combined partner partner
2.2.1 History of non- Non-performance of a Form CON - 2
performing contracts contract did not occur within
the last __________ (_)
years prior to the deadline
for application submission,
based on all information on
Must meet Must meet
fully settled disputes or
requirement requirement
litigation. A fully settled N/A
by itself or as by itself or
dispute or litigation is one N/A
partner to as partner to
that has been resolved in
past or past or
accordance with the Dispute
existing JV existing JV
Resolution Mechanism
under the respective
contract, and where all
appeal instances available to
the bidder have been
exhausted.
2.2.2 Pending All pending litigation shall in Form CON – 2
Must meet Must meet
Litigation total not represent more than
requirement requirement
______________ percent
by itself or as by itself or as
(_____%) of the Bidder’s N/A N/A
partner to partner to
net worth and shall be treated
past or past or
as resolved against the
existing JV existing JV
Bidder.
Section III - Evaluation and Qualification Criteria 1-37
Criteria
Bidder Documentation
Sub-Factor
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each At least one
combined partner partner
2.3.1 Historical Submission of audited
Financial balance sheets or if not
Performance required by the law of the
bidder’s country, other
financial statements
acceptable to the Employer,
for the last ____ [ ] years to
Must meet Must meet Form FIN – 3.1 with
demonstrate the current N/A N/A
requirement requirement attachments
soundness of the bidders
financial position and its
prospective long term
profitability.
(criterion 1)
(criterion 2)
_____________
2.3.2. Average Minimum average annual
Must meet
Annual Turnover turnover of Must meet
_________
__________________, _________
percent
calculated as total certified Must meet Must meet percent
(_____%) of Form FIN –3.2
payments received for requirement requirement (_____%) of
the
contracts in progress or the
requirement
completed, within the requirement
last______( ) years
2.3.3. Financial The Bidder must demonstrate Must meet Must meet
Resources access to, or availability of, Must meet Must meet _________ _________
financial resources such as Form FIN –3.3
requirement requirement percent percent
liquid assets, unencumbered (_____%) of (_____%) of
1-38 Section III - Evaluation and Qualification Criteria
Criteria
Bidder Documentation
Sub-Factor
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each At least one
combined partner partner
real assets, lines of credit,
and other financial means,
other than any contractual
advance payments to meet:
(i) the following cash-flow
requirement: the
…………………………… requirement the
…………………………… requirement
…………
and
(ii) the overall cash flow
requirements for this contract
and its concurrent
commitments.
Section III - Evaluation and Qualification Criteria 1-39
2.4 Experience
Factor
Criteria
Bidder
2.4 Experience
Factor
Criteria
Bidder
2.5 Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that
meet the following requirements:
Total Work
In Similar Works
Similar
No. Position Experience
Experience
(years)
(years)
1
2
3
4
5
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Forms included in Section IV, Bidding Forms.
2.6 Equipment
The Bidder must demonstrate that it will have access to the key Contractor’s
equipment listed hereafter:
No. Equipment Type and Characteristics Minimum Number required
1
2
3
4
5
The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV.
Section IV - Bidding Forms 1-43
Table of Forms
Letter of Bid........................................................................................................................1-44
Schedules.............................................................................................................................1-46
Technical Proposal.............................................................................................................1-51
Bidder’s Qualification........................................................................................................1-55
Letter of Bid
The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and address.
Note: All italicized text is for use in preparing these form and shall be deleted from the
final products.
Date: _______________
Bidding No.: _______________
Invitation for Bid No.: _______________
To:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
____________________________________________________________________;
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
___________________________;
(d) The discounts offered and the methodology for their application are: _____________;
(e) Our bid shall be valid for a period of ________ [insert validity period as specified in
ITB 18.1.] days from the date fixed for the bid submission deadline in accordance
with the Bidding Documents, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;
(f) If price adjustment provisions apply, the Table(s) of Adjustment Data shall be
considered part of this Bid;7
(g) If our bid is accepted, we commit to obtain a performance security in accordance with
the Bidding Document;
(h) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from eligible countries;
7
Include if price adjustment provisions apply in the Contract in accordance with PCC Sub-Clause 13.8
Adjustments for Changes in Cost.
Section IV - Bidding Forms 1-45
(i) We, including any subcontractors or suppliers for any part of the contract, do not have
any conflict of interest in accordance with ITB 4.3;
(j) We are not participating, as a Bidder or as a subcontractor, in more than one bid in
this bidding process in accordance with ITB 4.3, other than alternative offers
submitted in accordance with ITB 13;
(k) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for
any part of the contract, has not been declared ineligible by the Bank, under the
Employer’s country laws or official regulations or by an act of compliance with a
decision of the United Nations Security Council;
(l) We are not a government owned entity / We are a government owned entity but meet
the requirements of ITB 4.5;8
(m) We have paid, or will pay the following commissions, gratuities, or fees with respect
to the bidding process or execution of the Contract: 9
(n) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a
formal contract is prepared and executed;
(o) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive; and
(p) If awarded the contract, the person named below shall act as Contractor’s
Representative: ________________________________________________________
Name:
Signed:
Duly authorized to
sign the Bid for and on
behalf of:
Date:
8
Use one of the two options as appropriate.
9
If none has been paid or is to be paid, indicate “none”.
1-46 Section IV - Bidding Forms
Schedules
Bill of Quantities/ Schedules of Prices
Schedule of Payment Currencies
Separate tables may be required if the various sections of the Works (or of the Bill of
Quantities) will have substantially different foreign and local currency requirements. The
Employer should insert the names of each Section of the Works.
A B C D
Rate of Percentage of
Local Currency
Name of Payment Amount of Exchange Net Bid Price (NBP)
Equivalent
Currency Currency to Local 100xC
C=AxB
Currency NBP
Local currency
1.00
Foreign Currency #1
Foreign Currency #2
Foreign Currency #3
If the Bidder wishes to quote in more than one foreign currency, this table should be repeated
for each foreign currency.
Bidder’s Bidder’s
Index Index Source of Base Value Equivalent in
Currency in Proposed
Code Description Index and Date FC1
Type/Amount Weighting
Nonadjustable — — — A:
B:
C:
D:
E:
Total 1.00
1-48 Section IV - Bidding Forms
10
The amount of the Bond shall be denominated in the currency of the Employer’s country or the
equivalent amount in a freely convertible currency.
1-50 Section IV - Bidding Forms
Technical Proposal
Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
1-52 Section IV - Bidding Forms
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification
Criteria). The data on their experience should be supplied using the Form below for each
candidate.
1. Title of position
Name
2. Title of position
Name
3. Title of position
Name
4. Title of position
Name
5. Title of position
Name
6. Title of position
Name
etc. Title of position
Name
Section IV - Bidding Forms 1-53
The Bidder shall provide all the information requested below. Fields with asterix (*) shall be
used for evaluation.
Position*
From* To* Company, Project , Position, and Relevant Technical and Management
Experience*
1-54 Section IV - Bidding Forms
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and
Qualification Criteria). A separate Form shall be prepared for each item of equipment listed, or
for alternative equipment proposed by the Bidder. The Bidder shall provide all the information
requested below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.
Type of Equipment*
The following information shall be provided only for equipment not owned by the Bidder.
Address of owner
Fax Telex
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder
1-56 Section IV - Bidding Forms
Date: ______________________
Bidding No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
Form CON – 2
Historical Contract Non-Performance
Contract non-performance did not occur during the stipulated period, in accordance with
Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria)
Contract non-performance during the stipulated period, in accordance with Sub-Factor
2.2.1 of Section III(Evaluation and Qualification Criteria).
No pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria)
Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria), as indicated below
Year Outcome as Total Contract
Percent of Contract Identification Amount (current
value, US$
Total Assets equivalent)
Contract Identification:
______ ______ Name of Employer: ___________
Address of Employer:
Matter in dispute:
Contract Identification:
______ ______ Name of Employer: ___________
Address of Employer:
Matter in dispute:
Section IV - Bidding Forms 1-59
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments on
all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
2.
3.
4.
5.
etc.
1-60 Section IV - Bidding Forms
Financial Situation
Historical Financial Performance
Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies
Historic financial statements must be complete, including all notes to the financial
statements
*Average annual turnover calculated as total certified payments received for work in
progress or completed over the number of years specified in Section III (Evaluation and
Qualification Criteria), Sub-Factor 2.3.2, divided by that same number of years.
Section IV - Bidding Forms 1-63
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Section III
(Evaluation and Qualification Criteria)
Source of financing Amount (US$ equivalent)
1.
2.
3.
4.
1-64 Section IV - Bidding Forms
Experience
General Experience
*List calendar year for years with contracts with at least nine (9) months activity per year starting with the
earliest year
Section IV - Bidding Forms 1-65
Role in Contract
Contractor Management Subcontractor
Contractor
Total contract amount __________________________ US$________
__ __
If partner in a JV or subcontractor,
specify participation of total contract __________% _____________ US$_______
amount
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
1-66 Section IV - Bidding Forms
Complexity _________________________________
Methods/Technology _________________________________
Information
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract
Contractor Management Subcontractor
Contractor
Total contract amount _________________________ US$________
If partner in a JV or subcontractor,
specify participation of total contract __________% _____________ US$________
amount
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
1-68 Section IV - Bidding Forms
Information
Description of the key activities in
accordance with Sub-Factor 2.4.2b) of
Section III (Evaluation and Qualification
Criteria):
1-69
1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and IDA
Credits, dated May 2004, the Bank permits firms and individuals from all countries to offer
goods, works and services for Bank-financed projects. As an exception, firms of a Country or
goods manufactured in a Country may be excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, 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 the
Goods or Works required, or
Para 1.8 (a) (ii): 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 from that Country or any
payments to persons or entities in that Country.
2. For the information of borrowers and bidders, at the present time firms, goods and services
from the following countries are excluded from this bidding:
Table of Contents
Specifications.........................................................................................................................2-4
Drawings................................................................................................................................2-5
Supplementary Information....................................................................................................2-6
2-4
Specifications
A set of precise and clear Specifications is a prerequisite for bidders to respond realistically
and competitively to the requirements of the Employer without qualifying or conditioning
their bids. In the context of international competitive bidding, the Specifications must be
drafted to permit the widest possible competition and, at the same time, present a clear
statement of the required standards of workmanship, materials, and performance of the goods
and services to be procured. Only if this is done shall the objectives of economy, efficiency,
and fairness in procurement be realized, responsiveness of bids be ensured, and the
subsequent task of Bid evaluation facilitated. The Specifications should require that all
goods and materials to be incorporated in the Works be new, unused, of the most recent or
current models, and incorporate all recent improvements in design and materials unless
provided otherwise in the Contract.
Samples of Specifications from previous similar projects in the same country are useful in to
prepare Specifications. The use of metric units is encouraged by the World Bank. Most
Specifications are normally written specially by the Employer or Project Manager to suit the
Contract Works in hand. There is no standard set of Specifications for universal application
in all sectors in all countries, but there are established principles and practices, which are
reflected in these documents.
There are considerable advantages in standardizing General Specifications for repetitive
Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions prevail.
The General Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in construction, although not necessarily to be used in a
particular Works Contract. Deletions or addendums should then adapt the General
Specifications to apply them to the particular Works.
Care must be taken in drafting Specifications to ensure that they are not restrictive. In the
Specifications of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used,
whether national standards of the Borrower’s country or other standards, the Specifications
should state that goods, materials, and workmanship that meet other authoritative standards,
and which ensure substantially equal or higher quality than the standards mentioned, shall
also be acceptable. To that effect, the following sample clause may be inserted in the Special
Conditions or Specifications.
“Equivalency of Standards and Codes
Wherever reference is made in the Contract to specific standards and codes to be met by the
goods and materials to be furnished, and work performed or tested, the provisions of the
latest current edition or revision of the relevant standards and codes in effect shall apply,
unless otherwise expressly stated in the Contract. Where such standards and codes are
national, or relate to a particular country or region, other authoritative standards that ensure a
substantially equal or higher quality than the standards and codes specified shall be accepted
subject to the Project Manager’s prior review and written consent. Differences between the
Section 6 – Employer’s Requirements 2-5
standards specified and the proposed alternative standards shall be fully described in writing
by the Contractor and submitted to the Project Manager at least 28 days prior to the date
when the Contractor desires the Project Manager’s consent. In the event the Project Manager
determines that such proposed deviations do not ensure substantially equal or higher quality,
the Contractor shall comply with the standards specified in the documents.”
These Notes for Preparing Specifications are intended only as information for the Employer
or the person drafting the bidding documents. They should not be included in the final
documents.
2-6 Section VI – Employer’s Requirements
Drawings
Insert here a list of Drawings. The actual Drawings, including site plans, should be attached
to this section or annexed in a separate folder.
Section 6 – Employer’s Requirements 2-7
Supplementary Information
3-1
These General Conditions of Contract (GCC), read in conjunction with the Particular
Conditions of Contract (PCC) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a trend
in the construction industry towards simpler, more straightforward language.
The GCC can be used for both smaller admeasurement contracts and lump sum contracts.
3-4
Table of Clauses
A. General............................................................................................................................3-6
1. Definitions..................................................................................................................3-6
2. Interpretation..............................................................................................................3-8
3. Language and Law......................................................................................................3-9
4. Project Manager’s Decisions......................................................................................3-9
5. Delegation...................................................................................................................3-9
6. Communications.........................................................................................................3-9
7. Subcontracting............................................................................................................3-9
8. Other Contractors.......................................................................................................3-9
9. Personnel and Equipment.........................................................................................3-10
10. Employer’s and Contractor’s Risks..........................................................................3-10
11. Employer’s Risks......................................................................................................3-10
12. Contractor’s Risks....................................................................................................3-11
13. Insurance...................................................................................................................3-11
14. Site Data...................................................................................................................3-11
15. Contractor to Construct the Works...........................................................................3-12
16. The Works to Be Completed by the Intended Completion Date..............................3-12
17. Approval by the Project Manager.............................................................................3-12
18. Safety........................................................................................................................3-12
19. Discoveries...............................................................................................................3-12
20. Possession of the Site...............................................................................................3-12
21. Access to the Site......................................................................................................3-12
22. Instructions, Inspections and Audits.........................................................................3-13
23. Appointment of the Adjudicator...............................................................................3-13
24. Procedure for Disputes.............................................................................................3-13
B. Time Control.................................................................................................................3-14
25. Program....................................................................................................................3-14
26. Extension of the Intended Completion Date.............................................................3-14
27. Acceleration..............................................................................................................3-15
28. Delays Ordered by the Project Manager...................................................................3-15
29. Management Meetings.............................................................................................3-15
30. Early Warning...........................................................................................................3-15
C. Quality Control.............................................................................................................3-16
D. Cost Control..................................................................................................................3-16
Section VII – General Conditions of Contract 3-5
52. Completion...............................................................................................................3-23
53. Taking Over..............................................................................................................3-24
54. Final Account...........................................................................................................3-24
55. Operating and Maintenance Manuals.......................................................................3-24
56. Termination..............................................................................................................3-24
57. Fraud and Corruption................................................................................................3-25
58. Payment upon Termination......................................................................................3-26
59. Property....................................................................................................................3-27
60. Release from Performance........................................................................................3-27
61. Suspension of Bank Loan or Credit.........................................................................3-27
3-6 Section VII – General Conditions of Contract
(g) Drawings,
3. Language 3.1 The language of the Contract and the law governing the Contract
and Law are stated in the PCC.
4. Project 4.1 Except where otherwise specifically stated, the Project Manager
Manager’s shall decide contractual matters between the Employer and the
Decisions Contractor in the role representing the Employer.
5. Delegation 5.1 Otherwise specified in the PCC, the Project Manager may
delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor, and
may revoke any delegation after notifying the Contractor.
7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval
of the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.
8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other Contractors, as
referred to in the PCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The
11
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
3-10 Section VII – General Conditions of Contract
9. Personnel and 9.1 The Contractor shall employ the key personnel and use the
Equipment equipment identified in its Bid, to carry out the Works or other
personnel and equipment approved by the Project Manager. The
Project Manager shall approve any proposed replacement of key
personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those
proposed in the Bid.
9.2 If the Project Manager asks the Contractor to remove a person
who is a member of the Contractor’s staff or work force, stating
the reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the
work in the Contract.
10. Employer’s and 10.1 The Employer carries the risks which this Contract states are
Contractor’s Employer’s risks, and the Contractor carries the risks which this
Risks Contract states are Contractor’s risks.
11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate has
Risks been issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to
(i) use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable result
of the Works or
(ii) negligence, breach of statutory duty, or interference
with any legal right by the Employer or by any person
employed by or contracted to him except the
Contractor.
(b) The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country
where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate
has been issued, the risk of loss of or damage to the Works,
Plant, and Materials is an Employer’s risk except loss or damage
due to
Section VII – General Conditions of Contract 3-11
B. Time Control
25. Program 25.1 Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager
for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the
Works. In the case of a lump sum contract, the activities in the
Program shall be consistent with those in the Activity Schedule.
25.2 An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any
changes to the sequence of the activities.
25.3 The Contractor shall submit to the Project Manager for approval
an updated Program at intervals no longer than the period stated
in the PCC. If the Contractor does not submit an updated
Program within this period, the Project Manager may withhold
the amount stated in the PCC from the next payment certificate
and continue to withhold this amount until the next payment after
the date on which the overdue Program has been submitted. In
the case of a lump sum contract, the Contractor shall provide an
updated Activity Schedule within 14 days of being instructed to
by the Project Manager.
25.4 The Project Manager’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise the
Program and submit it to the Project Manager again at any time.
A revised Program shall show the effect of Variations and
Compensation Events.
26. Extension of 26.1 The Project Manager shall extend the Intended Completion Date
the Intended if a Compensation Event occurs or a Variation is issued which
Completion makes it impossible for Completion to be achieved by the
Date Intended Completion Date without the Contractor taking steps to
accelerate the remaining work, which would cause the Contractor
Section VII – General Conditions of Contract 3-15
29. Management 29.1 Either the Project Manager or the Contractor may require the
Meetings other to attend a management meeting. The business of a
management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early
warning procedure.
29.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties
for actions to be taken shall be decided by the Project Manager
either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.
30. Early Warning 30.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that
may adversely affect the quality of the work, increase the
Contract Price, or delay the execution of the Works. The Project
Manager may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the
Contract Price and Completion Date. The estimate shall be
3-16 Section VII – General Conditions of Contract
C. Quality Control
31. Identifying 31.1 The Project Manager shall check the Contractor’s work and
Defects notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities. The
Project Manager may instruct the Contractor to search for a
Defect and to uncover and test any work that the Project
Manager considers may have a Defect.
32. Tests 32.1 If the Project Manager instructs the Contractor to carry out a test
not specified in the Specification to check whether any work has
a Defect and the test shows that it does, the Contractor shall pay
for the test and any samples. If there is no Defect, the test shall
be a Compensation Event.
33. Correction of 33.1 The Project Manager shall give notice to the Contractor of any
Defects Defects before the end of the Defects Liability Period, which
begins at Completion, and is defined in the PCC. The Defects
Liability Period shall be extended for as long as Defects remain
to be corrected.
33.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified by
the Project Manager’s notice.
34. Uncorrected 34.1 If the Contractor has not corrected a Defect within the time
Defects specified in the Project Manager’s notice, the Project Manager
shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.
D. Cost Control
35. Contract Price 35.1 In the case of an admeasurement contract, the Bill of Quantities
shall contain priced items for the Works to be performed by the
Contractor. The Bill of Quantities is used to calculate the
Contract Price. The Contractor will be paid for the quantity of
the work accomplished at the rate in the Bill of Quantities for
each item.
Section VII – General Conditions of Contract 3-17
35.2 In the case of a lump sum contract, the Activity Schedule shall
contain the priced activities for the Works to be performed by the
Contractor. The Activity Schedule is used to monitor and control
the performance of activities on which basis the Contractor will
be paid. If payment for Materials on Site shall be made
separately, the Contractor shall show delivery of Materials to the
Site separately on the Activity Schedule.
36. Changes in the 36.1 In the case of an admeasurement contract:
Contract Price
(a) If the final quantity of the work done differs from the
quantity in the Bill of Quantities for the particular item by
more than 25 percent, provided the change exceeds 1
percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change.
(b) The Project Manager shall not adjust rates from changes in
quantities if thereby the Initial Contract Price is exceeded
by more than 15 percent, except with the prior approval of
the Employer.
(c) If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.
36.2 In the case of a lump sum contract, the Activity Schedule shall be
amended by the Contractor to accommodate changes of Program
or method of working made at the Contractor’s own discretion.
Prices in the Activity Schedule shall not be altered when the
Contractor makes such changes to the Activity Schedule.
37. Variations 37.1 All Variations shall be included in updated Programs, and, in the
case of a lump sum contract, also in the Activity Schedule,
produced by the Contractor.
37.2 The Contractor shall provide the Project Manager with a
quotation for carrying out the Variation when requested to do so
by the Project Manager. The Project Manager shall assess the
quotation, which shall be given within seven (7) days of the
request or within any longer period stated by the Project
Manager and before the Variation is ordered.
37.3 If the Contractor’s quotation is unreasonable, the Project
Manager may order the Variation and make a change to the
Contract Price, which shall be based on the Project Manager’s
own forecast of the effects of the Variation on the Contractor’s
costs.
37.4 If the Project Manager decides that the urgency of varying the
3-18 Section VII – General Conditions of Contract
39. Payment 39.1 The Contractor shall submit to the Project Manager monthly
Certificates statements of the estimated value of the work executed less the
cumulative amount certified previously.
40. Payments 40.1 Payments shall be adjusted for deductions for advance payments
and retention. The Employer shall pay the Contractor the
amounts certified by the Project Manager within 28 days of the
date of each certificate. If the Employer makes a late payment,
the Contractor shall be paid interest on the late payment in the
next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when
the late payment is made at the prevailing rate of interest for
commercial borrowing for each of the currencies in which
payments are made.
40.4 Items of the Works for which no rate or price has been entered in
shall not be paid for by the Employer and shall be deemed
covered by other rates and prices in the Contract.
subcontract to be let.
(f) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of the
Letter of Acceptance from the information issued to bidders
(including the Site Investigation Reports), from information
available publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with
an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons.
42. Tax 42.1 The Project Manager shall adjust the Contract Price if taxes,
duties, and other levies are changed between the date 28 days
before the submission of bids for the Contract and the date of the
last Completion certificate. The adjustment shall be the change
in the amount of tax payable by the Contractor, provided such
changes are not already reflected in the Contract Price or are a
result of GCC Clause 44.
43. Currencies 43.1 Where payments are made in currencies other than the currency
of the Employer’s country specified in the PCC, the exchange
rates used for calculating the amounts to be paid shall be the
exchange rates stated in the Contractor’s Bid.
44. Price 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only
Adjustment if provided for in the PCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amounts due in each
currency. A separate formula of the type indicated below applies
to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract
Price payable in a specific currency “c.”
Ac and Bc are coefficients12 specified in the PCC,
representing the nonadjustable and adjustable portions,
respectively, of the Contract Price payable in that specific
currency “c;” and
Imc is the index prevailing at the end of the month being
invoiced and Ioc is the index prevailing 28 days before Bid
opening for inputs payable; both in the specific currency “c.”
44.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.
45. Retention 45.1 The Employer shall retain from each payment due to the
12
The sum of the two coefficients A c and Bc should be 1 (one) in the formula for each currency.
Normally, both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed
cost elements or other nonadjustable components. The sum of the adjustments for each currency are added
to the Contract Price. [To be transferred to the User Guide]
3-22 Section VII – General Conditions of Contract
completed.
53. Taking Over 53.1 The Employer shall take over the Site and the Works within seven
days of the Project Manager’s issuing a certificate of Completion.
54. Final Account 54.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period.
The Project Manager shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56
days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Project Manager shall issue within 56
days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after
it has been resubmitted, the Project Manager shall decide on the
amount payable to the Contractor and issue a payment certificate.
55. Operating and 55.1 If “as built” Drawings and/or operating and maintenance manuals
Maintenance are required, the Contractor shall supply them by the dates stated
Manuals in the PCC.
55.2 If the Contractor does not supply the Drawings and/or manuals by
the dates stated in the PCC pursuant to GCC Sub-Clause 55.1, or
they do not receive the Project Manager’s approval, the Project
Manager shall withhold the amount stated in the PCC from
payments due to the Contractor.
56. Termination 56.1 The Employer or the Contractor may terminate the Contract if the
other party causes a fundamental breach of the Contract.
57. Fraud and 57.1 If the Employer determines that the Contractor has engaged in
Corruption corrupt, fraudulent, collusive, coercive or obstructive practices, in
competing for or in executing the Contract, then the Employer
may, after giving 14 days notice to the Contractor, terminate the
Contractor's employment under the Contract and expel him from
the Site, and the provisions of Clause 56 shall apply as if such
expulsion had been made under Sub-Clause 56.5 [Termination by
Employer].
57.2 Should any employee of the Contractor be determined to have
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the execution of the Works, then that employee
shall be removed in accordance with Clause 9.
57.3 For the purposes of this Sub-Clause:
(i) “corrupt practice”13 is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
13
“another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
3-26 Section VII – General Conditions of Contract
14
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement
process or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
15
“parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
16
a “party” refers to a participant in the procurement process or contract execution.
Section VII – General Conditions of Contract 3-27
Except where otherwise indicated, all PCC should be filled in by the Employer prior to
issuance of the Bidding Documents. Schedules and reports to be provided by the Employer
should be annexed.
A. General
GCC 1.1 (d) The financing institution is:
GCC 1.1 (s) The Employer is [insert name, address, and name of authorized
representative].
GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be [insert
date]
[If different dates are specified for completion of the Works by section
(“sectional completion” or milestones), these dates should be listed here]
GCC 1.1 (y) The Project Manager is [insert name, address, and name of authorized
representative].
GCC 1.1 (aa) The Site is located at [insert address of Site ] and is defined in drawings No.
[insert numbers]
GCC 1.1 (hh) The Works consist of [insert brief summary, including relationship to other
contracts under the Project].
GCC 2.2 Sectional Completions are: [insert nature and dates, if appropriate]
GCC 2.3(i) The following documents also form part of the Contract: [list documents]
GCC 3.1 The language of the contract is [insert name of the language. The language
shall be that of the bid].
The law that applies to the Contract is the law of [insert name of Country].
GCC 5.1 The Project manager [may or may not] delegate any of his duties and
responsibilities.
GCC 13.1 The minimum insurance amounts and deductibles shall be:
3-30
(a) for loss or damage to the Works, Plant and Materials: [insert
amounts].
(b) For loss or damage to Equipment: [insert amounts].
(c) for loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract [insert amounts].
(d) for personal injury or death:
(i) of the Contractor’s employees: [amount].
(ii) of other people: [amount].
GCC 14.1 Site Data are: [list Site Data]
GCC 20.1 The Site Possession Date(s) shall be: [insert location(s) and date(s)]
GCC 23.1 & Appointing Authority for the Adjudicator: [insert name of Authority].
GCC 23.2
GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator:
[insert hourly fees and reimbursable expenses].
GCC 24.4 [For smaller contracts, the institution is usually from the Employer’s
country. For larger contracts, and contracts that are likely to be awarded
to international contractors, it is recommended that the arbitration
procedure of an international institution]
Institution whose arbitration procedures shall be used: …………………
[For larger contracts with international contractors, it is recommended to
select one institution among those listed below; insert the corresponding
wording]
“United Nations Commission on International Trade Law (UNCITRAL)
Arbitration Rules:
Any dispute, controversy, or claim arising out of or relating to this
Contract, or breach, termination, or invalidity thereof, shall be settled by
arbitration in accordance with the UNCITRAL Arbitration Rules as at
present in force.”
or
“Rules of Conciliation and Arbitration of the International Chamber of
Commerce (ICC):
All disputes arising in connection with the present Contract shall be finally
settled under the Rules of Conciliation and Arbitration of the International
Chamber of Commerce by one or more arbitrators appointed in accordance
with said Rules.”
Section VIII – Particular Conditions of Contract 3-31
or
“Rules of Arbitration Institute of the Stockholm Chamber of Commerce:
Any dispute, controversy, or claim arising out of or in connection with this
Contract, or the breach, termination, or invalidity thereof, shall be settled by
arbitration in accordance with the Rules of the Arbitration Institute of the
Stockholm Chamber of Commerce.”
or
“Rules of the London court of International Arbitration:
Any dispute arising out of or in connection with this Contract, including
any question regarding its existence, validity, or termination shall be
referred to and finally resolved by arbitration under the Rules of the London
Court of International Arbitration, which rules are deemed to be
incorporated by reference to this clause.”
The place of arbitration shall be: [Insert city and country]
B. Time Control
GCC 25.1 The Contractor shall submit for approval a Program for the Works within
[number] days from the date of the Letter of Acceptance.
GCC 25.3 The period between Program updates is [insert number] days.
The amount to be withheld for late submission of an updated Program is
[insert amount].
C. Quality Control
GCC 33.1 The Defects Liability Period is: [insert number] days.
[The Defects Liability Period is usually limited to 12 months, but could be
less in very simple cases]
D. Cost Control
GCC 43.1 The currency of the Employer’s country is: [insert name of currency of the
Employer’s country].
GCC 44.1 The Contract [insert “is” or “is not”] subject to price adjustment in
accordance with GCC Clause 44, and the following information regarding
coefficients [specify “does” or “does not”] apply.
[Price adjustment is mandatory for contracts which provide for time of
completion exceeding 18 months]
3-32 Section VIII – Particular Conditions of Contract
GCC 46.1 The liquidated damages for the whole of the Works are [insert percentage of
the final Contract Price] per day. The maximum amount of liquidated
damages for the whole of the Works is [insert percentage] of the final
Contract Price.
[Usually liquidated damages are set between 0.05 percent and 0.10 percent
per day, and the total amount is not to exceed between 5 percent and 10
percent of the Contract Price. If Sectional Completion and Damages per
Section have been agreed, the latter should be specified here]
GCC 47.1 The Bonus for the whole of the Works is [insert percentage of final
Contract Price] per day. The maximum amount of Bonus for the whole of
the Works is [insert percentage] of the final Contract Price.
[If early completion would provide benefits to the Employer, this clause
should remain; otherwise delete. The Bonus is usually numerically equal to
the liquidated damages.]
Section VIII – Particular Conditions of Contract 3-33
GCC 48.1 The Advance Payments shall be: [insert amount(s)] and shall be paid to the
Contractor no later than [insert date(s)].
GCC 49.1 The Performance Security amount is [insert amount(s) denominated in the
types and proportions of the currencies in which the Contract Price is
payable, or in a freely convertible currency acceptable to the Employer]
(a) Bank Guarantee: [insert percentage and amount(s)].
(b) Performance Bond: [insert percentage and amount(s)].
[A Bank Guarantee shall be unconditional (on demand) (see Section X.
Security Forms). An amount of 5 to 10 percent of the Contract Price is
commonly specified for Performance Bank Guarantees. A Performance
Bond is an undertaking by a bonding or insurance company (surety) to
complete the construction in the event of default by the Contractor, or to pay
the amount of the Bond to the Employer. An amount of 30 percent of the
Contract Price is commonly used internationally for this type of security
(see Section X. Security Forms).]
GCC 55.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC 58.1 is
[insert amount in local currency].
GCC 56.2 (g) The maximum number of days is: [insert number; consistent with clause
41.1 on liquidated damages].
GCC 58.1 The percentage to apply to the value of the work not completed, representing
the Employer’s additional cost for completing the Works, is [insert
percentage].
3-35
This Section contains forms which, once completed, will form part of the Contract. The
forms for Performance Security and Advance Payment Security, when required, shall only be
completed by the successful Bidder after contract award.
Table of Forms
Letter of Acceptance............................................................................................................3-36
Contract Agreement...........................................................................................................3-38
Performance Security.........................................................................................................3-40
Letter of Acceptance
. . . . . . . [date]. . . . . . .
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 Appendix to
Bid] . . . . . . . . . . for the Accepted Contract Amount of the equivalent 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 the Performance Security within 28 days in accordance
with the Conditions of Contract, using for that purpose the of the Performance Security
Form included in Section IX (Contract Forms) of the Bidding Document.
[or]
Contract Agreement
WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. .
. . .should be executed by the Contractor, and has accepted a Bid by the Contractor for the
execution and completion of these Works and the remedying of any defects therein,
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.
in the in the
presence of: presence of:
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
3-40 Section IX - Contract Forms
Performance Security
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called “the
Contractor”) has entered into Contract No. . . . . . [reference number of the Contract]. . . . .
dated . . . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of
Works]. . . . . (hereinafter called “the Contract”).
............................
[Seal of Bank and Signature(s)]
Note –
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency
acceptable to the Employer.
2
Insert the date twenty-eight days after the expected completion date. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the
Section IX - Contract Forms 3-41
expiration date established in the guarantee. In preparing this guarantee, the Employer 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 Employer’s
written request for such extension, such request to be presented to the Guarantor before the expiry of the
guarantee.”
3-42 Section IX - Contract Forms
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called “the
Contractor”) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated
. . . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of Works]. . .
. . (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance
payment in the sum . . . . . [name of the currency and amount in figures] 1. . . . . . (. . . . . [amount in
words]. . . . . ) is to be made against an advance payment guarantee.
At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of . . . . . [name of the currency and
amount in figures]*. . . . . . (. . . . . [amount in words]. . . . . ) upon receipt by us of your first demand
in writing accompanied by a written statement stating that the Contractor is in breach of its
obligation under the Contract because the Contractor used the advance payment for purposes
other than the costs of mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number .
. . . . [Contractor’s account number]. . . . . at . . . . . [name and address of the Bank]. . . . . .
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated 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 eighty (80)
percent of the Contract Price has been certified for payment, or on the . . . day
of . . . . . . . , . . . . . 2, 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, ICC Publication No.
458.
Note –
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
1 The Guarantor shall insert an amount representing the amount of the advance payment denominated either
in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency
acceptable to the Employer.
Section IX - Contract Forms 3-43
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the event
of an extension of the time for completion of the Contract, the Employer would need to request an extension of
this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration
date established in the guarantee. In preparing this guarantee, the Employer 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 Employer’s
written request for such extension, such request to be presented to the Guarantor before the expiry of the
guarantee.