Section 4. Bidding Forms

List of Forms

 

Bid Submission Form

Priced Schedules

Bid Security Form (Bank Guarantee)

Qualification Information Form

Note: All forms shown the information to be completed by the Bidder in bold in square brackets e.g. [insert date] etc.

 

Note to Bidders: This Bid Submission Form should be on the letterhead of the Bidder and should be signed by a person with the proper authority to sign documents that are binding on the Bidder. If the Bidder objects to the Adjudicator proposed by the Employer in the bidding documents, he should so state in his Bid, and present an alternative candidate, together with the candidate’s daily fees and biographical data, in accordance with Clause 34 of the Instructions to Bidders.

Bid Submission Form

Date: [insert date]

Procurement Reference No.: [insert procurement reference number]

Page [insert page number] of [insert total number of pages] pages

To: [insert complete name of Employer]

We, the undersigned, declare that:

We have examined and have no reservations to the Bidding Documents, including Addenda No.: [insert the number and issuing date of each Addenda];

We offer to execute the [insert the name and procurement reference number of the Contract] in conformity with the Bidding Documents for the Contract Price of [insert amount in numbers and words] Ethiopian Birr, excluding any discounts offered at (d) below;

The advance payment required is Ethiopian Birr:

The discounts offered and the methodology for their application are: …………………

Unconditional Discounts. If our bid is accepted, the following discounts shall apply. [Specify in detail each discount offered and the specific item to which it applies.]

Methodology of Application of the Discounts. The discounts shall be applied using the following method: [Specify in detail the method that shall be used to apply the discounts];

Conditional Discounts. If our bid(s) are accepted, the following discounts shall apply. [Specify in detail each discount offered and the specific item to which it applies.]

Methodology of Application of the Discounts. The discounts shall be applied using the following method: [Specify in detail the method that shall be used to apply the discounts];

Our bid shall be valid for a period of [specify the number of days that the bid is valid for] calendar days from the date fixed for the bid submission deadline in accordance with ITB Sub-Clause 20.1, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

We, including any subcontractors or suppliers for any part of the contract, have nationality from the following eligible countries: [insert the nationality of the Bidder, including that of all parties that comprise the Bidder, if the Bidder is a JV, and the nationality each subcontractor and supplier]

We have no conflict of interest in accordance with ITB Sub-Clause 3.2;

Our firm, its affiliates or subsidiaries—including any subcontractors or suppliers for any part of the contract—has not been debarred from participation in public procurement by the Government of the Federal Democratic Republic of Ethiopia, in accordance with ITB Sub-Clause 3.4;

We have read and understood the provisions on fraud and corruption in ITB Clause 35 and we undertake to abide by the Code of Ethical Conduct for Bidders during the procurement process and the execution of any resulting contract;

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.

We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.

We accept the appointment of [insert name of adjudicator proposed in the BDS] as the Adjudicator. [or] We do not accept the appointment of [insert name of adjudicator proposed in the BDS] as the Adjudicator, and propose instead that [insert name] be appointed as Adjudicator, whose daily fees and biographical data are attached.

Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the Bid]

Name: [insert complete name of person signing the Bid]

 

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

 

 

 

 

Note to Bidders: Bidders shall submit a fully priced Bills of Quantities for Admeasurement Contracts or Schedule of Activities for Lump Sum Contract as provided in Section 6 of the Bidding Documents.

Each page of the Bills of Quantities or the Schedule of Activities should be signed by a person with the proper authority to sign documents for the Bidder.

Priced Schedules

(Bills of Quantities or Schedule of Activities)

Note to Bidders: This Bid Security should be on the letterhead of the issuing Financial Institution and should be signed by a person with the proper authority to sign the Bid Security. It should be included by the Bidder in its bid, in accordance with ITB Clause 16.

Bid Security (Bank Guarantee)

Date: [insert date]

Procurement Reference No.: [insert procurement reference number]

Page [insert page number] of [insert total number of pages] pages

 

To: [insert complete name of Employer]

Whereas [insert complete name of Bidder] (hereinafter "the Bidder") has submitted its bid dated [insert date (as day, month and year) of bid submission] for procurement reference no. [insert procurement reference no] for the construction of [insert name of Contract], hereinafter called "the Bid."

KNOW ALL PEOPLE by these presents that WE [insert complete name of bank issuing the Bid Security], of [insert city of domicile and country of nationality] having our registered office at [insert full address of the issuing institution] (hereinafter "the Bank"), are bound unto [insert complete name of the Employer] (hereinafter "the Employer") in the sum of [specify in words the amount and currency of the bid security (specify the amount and currency in figures)], for which payment well and truly to be made to the aforementioned Employer, the Bank binds itself, its successors or assignees by these presents.

Sealed with the Common Seal of this bank, this [insert day in numbers] day of [insert month], [insert year].

THE CONDITIONS of this obligation are the following:

1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid Submission Form, except as provided in ITB Sub-Clause 20.2; or

2. If the Bidder, having been notified of the acceptance of its bid by the Employer, during the period of bid validity, fails or refuses to:

(a) Execute the Contract; or

(b) Furnish the Performance Security, in accordance with the ITB Clause 33; or

(c) Accept the correction of its bid by the Employer, pursuant to ITB Clause 27.

We undertake to pay the Employer up to the above amount upon receipt of its first written demand, without the Employer having to substantiate its demand, provided that in its demand the Employer state that the amount claimed by it is due to it, owing to the occurrence of one or more of the above conditions, specifying the occurred conditions.

 

 

This guarantee shall remain in force up to and including twenty-eight (28) days after the period of bid validity, as stated in the Bid Submission Form or as it may be extended by the Bidder, notice of which extension(s) to the Bank is hereby waived. Any demand in respect thereof should be received by the Bank no later than the above date.

This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

Name: [insert complete name of person signing the Bid Security] In the capacity of [insert legal capacity of person signing the Bid Security]

Signed: [insert signature of person whose name and capacity are shown above]

Duly authorized to sign the bid for and on behalf of: [insert complete name of bank]

Dated on ____________ day of __________________, _______ [insert date of signing]

Note to Bidders: The information to be filled in by bidders in the following pages will be used for purposes of post-qualification or for verification of pre-qualification as provided for in Clause 4 of the Instructions to Bidders. This information will not be incorporated in the Contract. Attach additional pages as necessary. If used for pre-qualification verification, the Bidder should fill in updated information only.

Qualification Information Form

1. Individual Bidders or Individual Members of Joint Ventures

1.1 Constitution or legal status of Bidder: [attach copy]

Place of registration: [insert]

Principal place of business: [insert]

Power of attorney of signatory of Bid: [attach]

1.2 Average annual volume of construction work performed in the previous number of years specified in Section 3, in the currency specified in Section 3, Evaluation and Qualification Criteria: [insert details below and state average]

Year:

         

Volume:

         

 

1.3 Work performed as prime Contractor on works of a similar nature and volume over the last five years. The values should be indicated in the same currency used for Item 1.2 above. Also list details of work under way or committed, including expected completion date.

Project name and country

Name of client and contact person

Type of work performed and year of completion

Value of contract

(a)

(b)

     

 

1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all information requested below. Refer to Section 3, Evaluation and Qualification Criteria.

 

Item of equipment

Description, make, and age (years)

Condition (new, good, poor) and number available

Owned, leased (from whom?), or to be purchased (from whom?)

(a)

(b)

etc.

     

 

1.5 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data.

Position

Name

Qualifications

Years of experience (general)

Years of experience in proposed position

(a)

(b)

       

 

1.6 Proposed subcontracts and firms involved.

Sections of the Works

Value of subcontract

Subcontractor

(name and address)

Experience in similar work

(a)

(b)

     

 

1.7 Financial reports for the last five years: balance sheets, profit and loss statements, auditors’ reports, etc. List below and attach copies.

1.8 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of support documents.

1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide references if contacted by the Employer.

1.10 Information on current litigation in which the Bidder is involved.

Other party (ies)

Cause of dispute

Amount involved

(a)

(b)

   

 

1.11 Proposed Program (work method and schedule). Descriptions, drawings, and charts, as necessary, to comply with the requirements of the bidding documents.

2. Joint Ventures

2.1 The information listed in 1.1 - 1.10 above shall be provided for each partner of the joint venture.

2.2 The information in 1.11 above shall be provided for the joint venture.

2.3 Attach the power of attorney of the signatory(ies) of the Bid authorizing signature of the Bid on behalf of the joint venture.

2.4 Attach the Agreement among all partners of the joint venture (and which is legally binding on all partners), which shows that

(a) All partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;

(b) One of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and

(c) The execution of the entire Contract, including payment, shall be done exclusively with the partner in charge.

3. Additional Requirements

3.1 Bidders should provide any additional information required in Sections 2 or 3 of the Bidding Document or to fulfil the requirements of Sub-Clause 4.1 of the Instructions to Bidders, if applicable.