Bieterverfahren - Dokumente
- (firstlaw) - Das nachfolgende Dokument beschreibt die Erfordernisse
bei öffentlichen Ausschreibungen der Weltbank. Es hat internationalen
Standard und kann auch als Standard für andere Ausschreibungen gelten:
sample bidding document has been prepared jointly by the Inter-American
Development Bank (IDB) and the World Bank in close consultation with the
Asian Development Bank for use by borrowers in the procurement of goods
through international competitive bidding. The sample bidding document is
intended to serve as a model; its use is not mandatory. However, the
procedures and practices presented in this document have been developed
through broad internation experience, and are recommended for use in
projects that are financed in whole or in part by any of the above banks.
This second edition reflects the experience gained over the past three
years with the use of the first edition.
and their procurement agencies are free to use the documents after
completing the specific details in the places indicated and deleting any
inappropriate alternative provisions. The following directions should be
observed when using the document:
Specific details, such as the "name of the Purchaser", "address
for bid submission", etc., should be furnished in the space provided,
which is underlined. The information to be filled in is indicated within
Footnotes are not part of the text of the document, but they contain
instructions which the borrower should strictly follow. The final document
should contain no footnotes;
The criteria for bid evaluation (para 26.4) and the various methods of
evaluation (para 26.5) should be carefully reviewed. Only those that are
selected to be used for the procurement in question should be retained,
and the rest should be deleted; and
The Special Conditions of Contract included in the sample documents are
only illustrative of the provisions that should be drafted specifically by
the Purchaser for each procurement.
should mention if this sample bidding document has been used in the
preparation of bidding documents that are submitted to the Bank for review.
published September 1983
edition March 1986
Section I. INVITATION FOR BIDS (IFB)
(of Issuance of Invitation)
The (name of Borrower) has received
a loan from the (name of Funds) of the (Name of International Financial
Institution) in various currencies towards the cost of (Name of Project)
and it is intended that part of the proceeds of this loan will be applied
to eligible payments under the contract for (Title of Contract).
The (Name of the Purchaser) now invites sealed bids from eligible bidders
for the supply of (Brief Description of the Goods and Related Services).
Interested eligible Bidders may obtain further information from and
inspect the bidding documents at the office of: (Name of Appropriate
(Mailing Address of Appropriate Office for Enyuiry and Issuance of bidding
Documents and Cable/Telex Numbers).
A complete set of Bidding Documents may be purchased by any interested
eligible Bidder on the submission of a written application to the above
and upon payment of a non-refundable fee of --------------------
All bids must be accompanied by a security of (Fixed Sum or Percentage of
and must be delivered to the above office
on or before (Hours) on (Date).
Bids will be opened in the presence of Bidders' representatives who choose
to attend at (Time and Date) at the offices of (-----------------------).
II. INSTRUCTIONS TO BIDDERS
Source of Funds.... 7
Eligible Bidders.... 7
Eligible Goods and Services....
Cost of Bidding.... 7
Bidding Documents.... 8
Content of Bidding Documents....
Clarification of Bidding Documents....
Amendment of Bidding Documents....
Preparation of Bids.... 9
Language of Bid.... 9
Documents Comprising the Bid....
Bid Form.... 9
Bid Prices.... 10
Bid Currencies.... 11
Documents Establishing Bidder's Eligibility and Qualifications....
Documents Establishing Godds Eligibility and Conformity to Bid
Bid Security.... 13
Period of Validity of Bids....
Format and Signing of Bid.... 14
Submission of Bids.... 14
Sealing and Marking of Bids....
Deadline for Submission of Bids....
Late Bids.... 15
Modification and Withdrawal of Bids....
Bid Opening and Evaluation.... 16
Opening of Bids by Purchaser....
Clarification of Bids.... 16
Preliminary Examination.... 16
Conversion to Single Currency....
Evaluation and Comparison of Bids....
Domestic Preference (for World Bank) or Margin of Preference (for
Contacting the Purchaser.... 22
Award of Contract.... 22
Award Criteria.... 23
Purchaser's Right to Vary Quantities at Time of Award....
Purchaser's Right to Accept Any Bid and to Reject Any or All Bids....
Notification of Award.... 23
Signing of Contract.... 23
Performance Security.... 24
II. INSTRUCTIONS TO BIDDERS
Source of Funds
The (Name of Borrower) has received
from the (Name of Funds) of the (Name of the IFI), hereinafter referred to
as "International Financial Institutions" (IFI), in various
currencies, equivalent to US dollars
towards the cost of the (Name of Project) and intends to apply part of the
proceeds of this loan to eligible payments under the Contract(s) for which
this Invitation for Bid is issued. Payment by the IFI will be made only at
the request of the (Name of Borrower) and upon approval by the IFI in
accordance with the terms and conditions of the loan agreement and will be
subject in all respects to the terms and conditions of that agreement.
Except as the IFI may specifically otherwise agree, no party other than
the (Name of Borrower) shall derive any rights from the loan agreement or
have any claim to the loan proceeds.
This Invitation for Bids is open to all suppliers from eligible source
countries as defined under the guidelines for Procurement of the IFI.
Eligible Goods and Services
All goods and ancillary services to be supplied under the Contract shall
have their origin in eligible source countries, defined under the
Guidelines for Procurement of the IFI and all expenditures made under the
Contract will be limited to such goods and services.
For purposes of this clause, "origin" means the place where the
goods are mined, grown or produced or from which the ancillary services
are supplied. Goods are produced when, through manufacturing, processing
or substantial and major assembling of components, a commercially
recognized product results that is substantially different in basi
characteristics or in purpose or utility from its components.
The origin of goods and services is district from the nationality of the
Cost of Bidding
The Bidder shall bear all costs associated with the preparation and
submission of its bid, and the (Name of Purchaser), hereinafter referred
to as "the Purchaser", will in no case be responsible or liable
for those costs, regardless of the conduct or outcome of the bidding
The Bidding Documents
Content of Bidding Documents
The goods required, bidding procedures and contract terms are prescribed
in the Bidding Documents. In addition to the Invitation for Bids, the
Bidding Documents include:
Instuctions to Bidders;
General Conditions of Contract;
Special Conditions of Contract;
Schedule of Requirements;
Bid Form and Price Schedules;
Bid Security Form;
Contract Form; and
Performance Security Form.
The Bidder is expected to examine all instructions, froms, terms and
specifications in the Bidding Documents. Failure to furnish all
information required by the Bidding Documents or submission of a bid not
substantially responsible to the Bidding Doduments in every respect will
be at the Bidder's risk and may result in the rejection of its bid.
Clarification of Bidding Documents
A prospective Bidder requiring any clarification of the Bidding Documents
may notify the Purchaser in writing or by telex or cable at the
Purchaser's mailing address indicated in the Invitation for Bids. The
Purchaser will respond in writing to any request for clarification of the
Bidding Documents which if receives no later than 30 days prior to the
deadline for the submission of bids prescribed by the Purchaser. Written
copies of the Purchaser's response (including an explanation of the query
but without identifying the source of inquiry) will be sent to all
prospective Bidders which have received the Bidding Documents.
Amendment of Bidding Documents
At any time prior to the deadline for submission of bids, the Purchaser
may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective Bidder, modify the Bidding
Documents by amendment.
The amendment will be notified in writing or by telex or cable to all
prospective Bidders which have received the Bidding Documents and will be
binding on them.
In order to afford prospective Bidders reasonable time in which to take
the amendment into account in preparing their bids, the Purchaser may, at
its discretion, extend the deadline for the submission of bids.
Preparation of Bids
Language of Bid
The Bid prepared by the Bidder and all correspondence and documents
relating to the bid exchanged by the Bidder and the Purchaser, shall be
written in the (----------------------)
language, provided that any printed literature furnished by the Bidder may
be written in another language so long as accompanied by a (----------------------)
translation of its pertinent passages in which case, for purposes of
interpretation of the bid, the (----------------------)
translation shall govern.
Documents Comprising the Bid
The bid prepared by the Bidder shall comprise the following components:
A Bid Form and a Price Schedule completed in accordance with Clauses 10,
11 and 12;
Documentary evidence established in accordance with Clause 13 that the
Bidder is eligible to bid and is qualified to perform the contract if its
bid is accepted;
Documentary evidence established in accordance with Clause 14 that the
goods and anillary services to be supplied by the Bidder are eligible
goods and services and conform to the Bidding Documents; and
Bid security furnished in accordance with Clause 15.
The Bidder shall complete the Bid Form and the appropriate Price Schedule
furnished in the Bidding Documents, indicating for the goods to be
supplied, a brief description of the goods, their country of origin,
quantity and prices.
For the purpose of granting a margin of domestic preference pursuant to
Clause 27, the Purchaser will classify the bid, when submitted, in one of
three groups, as follows:
Group A: Bids offering goods manufactured in the Purchaser's country for
which the domestic value added in the manufacturing cost is not less than
of the ex-factory price;
Group B: Bids offering goods manufactured in the Purchaser's country for
which the domestic value added in the manufacturing cost is less than 20 %
of the ex-factory price, and for goods for foreign origin already located
in the Purchaser's country;
Group C: bids offering goods of foreign origin to be imported by the
Purchaser directly or through the supplier's local agent.
To facilitate this classification by the Purchaser, the Bidder
shall complete whichever version of the Price Schedule furnished in the
Bidding Documents is appropriate, provided however that the completion of
an incorrect version of the Price Schedule by the Bidder will not result
in rejection of its bid but merely in the Purchaser's reclassification of
the bid into tis appropriate bid group.
The Bidder shall indicate on the appropriate Price Schedule attached to
these documents the unit prices
and total Bid Prices of the goods proposes to supply under the Contract.
Prices indicated on the Price Schedule shall be entered separately in the
For goods offered from within the Purchaser's country:
the price of the goods, quoted ex-factory, ex-showroom, ex-warehouse or
off-the-shelf, as applicable, including all customs duties and sales and
other taxes already paid or payable:
on the components and raw material used in the manufacture or assembly of
goods quoted ex-factory; or
on the previously imported goods of foreign origin quoted ex-showroom,
ex-warehouse or off-the shelf.
any purchaser-country sales and other taxes which will be payable on the
goods if this Contract is awarded;
charges for inland transportation, insurance and other local costs
incidental to delivery of the goods to their final destination; and
the cost of incidental services listed in Clause --------------------
of the Special Conditions of Contract.
For goods offered from abroad:
the price of the goods quoted CIF port-of entry in the Purchaser's country.
In quoting the price, the Bidder shall be free to use ocean transportation
through vessels registered in any eligible source country, or through
shipping conferences in which th majority of th shipping lines are from
such eligible source countries. Similarly, the Bidder may obtain insurance
services from any eligible source country.
the price of the goods quoted FOB port of shipment;
estimated charges for port handling charges, inland transportation,
Insurance and other local costs incidental to delivery of the goods from
the port of entry to their final destination; and
the cost of incidental services listed in Clause ------------------
of the Special Conditions of Contract.
The Bidder's separation of price components in accordance with para. 11.2
above will be solely for the purpose of facilitating the comparision of
bids by the Purchaser and will not in any way limit the Purchaser's right
to contract on any of the terms offered.
Fixed Price. Prices quoted by the Bidder shall be fixed during the
Bidder's performance of the Contract and not subject to variation on any
account. A bid submitted with an adjustable price quotation will be
treated as non-responsive and rejected, pursuant to Clause 24.
Price Adjustment. Prices quoted by the Bidder shall be subject to
adjustment during the performance of the Contract to reflect changes in
the cost of labor and material components in accordance with the
procedures specified in the Special Conditions of Contract. A bid
submitted with a fixed price quotation will not be rejected, but the price
adjustment would be treated as zero. Pursuant to para. 26.2(c), the price
adjustment provision will not be taken into consideration in bid
Prices shall be quoted in the follogwing currencies:
For goods and services which the Bidder will supply from within the
Purchaser's country, the prices shall be quoted in the currency of the
Purchaser's country; and
For goods and services which the Bidder will supply from outside the
Purchaser's country, the prices shall be quoted either in the currency of
the Bidder's home country, or in (ans international trading currency).
Further, a Bidder expecting to incur a portion of its expenditures in the
performance of the Contract in more than one currency, and wishing to be
paid accordingly, shall so indicate in its bid. In such a case, either (I)
the bid shall be expressed in different currencies and the respective
amounts in each currency together making up the total price, or (II) the
total bid price shall be expressed in one currency and payments required
in other currencies expressed as a percentage of the bid price along with
the exchange rate used in such calculation.1
Documents Establishing Bidder's Eligiblity and Qualifications
Pursuant to Clause 9, the Bidder shall furnish, as part of its bid,
documents establishing the Bidder's eligibility to bid and its
qualifications to perform the Contract if its bid is accepted.
The documentary evidence of the Bidder's eligibility to bid shall
establish to the Purchaser's satisfaction that the Bidder, at the trime of
submission of its bid, is from an eligible source country as defined under
The documentary evidence of the Bidder's qualifications to perform the
Contract if its bid is accepted, shall establish to the Purchaser's
that, in the case of a Bidder offering to supply goods under the Contract
which the Bidder did not manufacture or otherwise produce, the Bidder has
been duty authorized by the goods' manufacturer or producer to supply the
goods in the Purchaser's country.
that the Bidder has the financial, technical and production capability
necessary to perform the Contract; and
that, in the case of a Bidder not doing business within the Purchaser's
country, the Bidder is or will be (if successful) represented by an agent
in that country equipped and able to carry out the Supplier's maintenance,
repair and spare parts-stocking obligations prescribed by the Conditions
of the Contract and/or Technical Specifications.
Documents Establishing goods' Eligibility and Conformity to Bidding
Pursuant to Clause 9, the Bidder shall furnish, as part of its bid,
documents establishing the eligibility and conformity to the Bidding
Documents of all goods and services which the Bidder proposes to supply
under the Contract.
The documentary evidence of the goods and services eligibility shall
consist of a statement in the Price Schedule on the country of origin of
the goods and services offered which shall be confirmed by a certificate
of origin issued at the time of shipment.
The doumentary evidence of the goods' and services' conformity to the
Bidding Douments may be in the form of literature, drawings and data, and
a detailed description of the goods' essential technical and performance
a list giving full paricualrs, including available sources and current
prices, of all spare parts, special tools, etc., necessary for the proper
and continuing functioning of the goods for a period of two years,
following commencement of the goods used by the Purchaser; and
a clause-by-clause commentary on the Purchaser's Technical Specifications
demonstrating the goods' and services' substantial responsiveness to those
specifications or a statement of deviations and exceptions to the
provisions of the Technical Specifications.
For purposes of the commentary to be furnished pursuant to Clause 14.3(c)
above, the Bidder shall note that standards for workmanship, material and
equipment, and references to brand names or catalogue numbers designated
by the Purchaser in its Technical Specifications are intended to be
descriptive only and not restrictive. The Bidder may substitute
alternative standards, brand names and/or catalogue numbers in its bid,
provided that it demonstrates to the Purchaser's satisfaction that the
substitutions are substantially equivalent or superior to those designated
in the Technical Specifications.
Pursunat to Clause 9, the Bidder shall furnish, as part of its bid, bid
security in the amount of (---------------------).
The bid security is required to protect the Purchaser against the risk of
Bidder's conduct which would warrant the security's forteiture, pusuant to
The bid security shall be deominated in the currency of the bid or another
freely convertible currency, and shall be in one of the following forms:
A bank guarantee or irrevocable Letter of Credit issued by a bank located
in the Purchaser's country or abroad acceptable to the Purchaser, in the
form provided in the Bidding Documents or another form acceptable to the
Purchaser and valid for 30 days beyond the validity of the bid; or
A cashier's check, certified check or cash.
Any bid not secured in accordance with paras. 151 and 15.3 will be
rejected by the Purchaser as non-responsive, pursuant to Clause 24.
Unsuccessful Bidder's bid security will be discharged/returned as promptly
as possible but not later than 30 days after the expiration of the period
of bid validity prescribed by the Purchaser, pursuant to Clause 16.
The successful Bidder's bid security will be discharged upon the Bidders
executing the Contract, pursuant to Clause 34, and furnishing the
performance security, pusuant to Clause 35.
The bid security may be forfeited:
if a Bidder withdraws its bid during the period of bid validity specified
by the Bidder on the Bid-Form; or
in the case of a successful Bidder, if the Bidder fails:
to sign the Contract in accordance with Clause 34; or
to furnish performance security in accordance with Clause 35.
Period of Validity of Bids
Bids shall remain valid for (-----------------------)
days after the date of bid opening prescribed by the Purchaser, pursuant
to Clause 19. A bid valid for a shorter period may be rejected by the
Purchaser as non-responsive.
In exceptional circumstances, the Purchaser may solicit the Bidder's
consent to an extension of the period of validity. The request and the
responses thereto shall be made in writing (or by cable or telex). The bid
security provided under Clause 15 shall also be suitably extended. A
Bidder may refuse the request without forfeiting its bid security. A
Bidder granting the request will not be required nor permitted to modify
Format and Signing of Bid
The Bidder shall prepare (Number) copies of the bid, clearly marking each.
"Original Bid" and "Copy of Bid", as appropriate. In
the event of any discrepancy between them, the original shall govern.
The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons
duly authorized to bind the Bidder to the Contract. The latter
authorizations shall be indicated by written power-of attorney
accompanying the bid. All pages of the bid, except for unamended printed
literature, shall be initialed by the person or persons signing the bid.
Submission of Bids
Sealing and Marking of Bids
The Bidders shall seal the original and each copy of the bid in an inner
and an outer envelope, duly marking the envelopes as "original"
The inner and outer envelopes shall be:
addressed to the Purchaser at the following address:
bear (the Project Name), the Invitation for Bids (IFB) number, and the
words "DO NOT OPEN BEFORE
The inner envelope shall indicate the name and address of the Bidder to
enable the bid to be returned unopened in case it is declared "late".
If the outer envelope is not sealed and marked as required by para. 18.2,
the Purchaser will assume no responsibility for the bid's misplacement or
Deadline for Submission of Bids
Bids must be received by the Purchaser at the address specified under para.
18.2 no later than (Hours) on (Date).
The Purchaser may, at its discretion, extend this deadline for the
submission of bids by amending the Bidding Coduments in accordance with
Clause 7, in which case all rights and obligations of the Purchaser and
Bidders previously subject to the deadline will thereafter be subject to
the deadline as extended.
Any bid received by the Purchaser after the deadline for submission of
bids prescribed by the Purchaser, pursuant to Clause 19, will be rejected
and/or returned unopened to the Bidder.
Modification and Withdrawal of Bids
The Bidder may modify or withdraw its bid after the bid's submission,
provided that written notice of the modification or withdrawal is received
by the Purchaser prior to the deadline prescribed for submission of bids.
The Bidder's modification or withdrawal notice shall be prepared, sealed,
marked and dispatched in accordance with the provisions of Clause 18. A
withdrawal notice may also be sent by teley or cable but foilowed by a
signed confirmation copy, post marked not later than the deadline for
submission of bids.
No bid may be modified subsequent to the deadline for submission of bids.
No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Bid Form. Withdrawal of ab bid during this
interval may result in the Bidder's forfeiture of its bid security,
persuants to Clause 15.7.
Bid Opening and Evaluation
Opening of Bids by Purchaser
The Purchaser will open bids, in the presence of bidders', representatives
who choose to attend, at (Date and Time)
and in the following location (Address). The Bidders' representatives who
are present shall sign a
register evidencing their attendance.
The Bidders' names, bid prices, modifications, bid withdrawals and the
presence or absence, of the requisite bid security and such other details
as the Purchaser, at its descretion, may consider appropriate will be
announced at the opening.
The Purchaser will prepare minutes of the bid opening.
Clarification of Bids
to assist in the examination, evaluation and comparison of bids the
Purchaser may, at its discretion, ask the Bidder for a clarification of
its bid. The request for clarification and the response shall be in
writting and no change in the price or substance of the bid shall be
sought, offered or permitted.
The Purchaser will examine the bids to determine whether they are complete,
whether any computational errors have been made, whether required sureties
have been furnished, whether the documents have been properly signed, and
whether the bids are generally in ordern.
Arithmetical errors will be rectified on the following basis. if there is
a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail
and the total price shail be corrected. If the supplier does not accept
the correction of the errors, its bid will be rejected. If there is a
discrepancy between words and figures, the amount in words will prevail.
Prior to the detailed evaluation, pursuant to Clause 26, the Purchaser
will determine the substantial responsiveness of each bid to the Bidding
documents. For purposes of these Clauses, a substantially responsive bid
is one which conforms to all the terms and conditions of the Bidding
Documents without material deviations. The Purchaser's determination of ab
bid's responsiveness is to be based on the contents of the bid itself
without recourse to extrinsic evidence.
A bid determined as not substantially responsive will be rejected by the
Purchaser and may not subsequently be made responsive by the Bidder by
correction of the non-conformity.
The Purchaser may waive any minor informality or non-conformity or
irregularity in an bid which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking of
Conversion to Single Currency (World Bank)
To facilitate evaluation and comparison, the Purchaser will convert all
bid prices expressed in the amounts in various currencies in which bid
price is payable, to the local currency
of the Purchaser's country at the selling exchange rate established by the
Central Bank or any other commercial bank in the Purchaser's country, for
(insert a specific date not earlier than thirty (30) days prior to bid
opening and not later than expiry of the initial validity specified in
the date of decision to award.
The bids may be initially converted to a common currency at the exchange
rates on the date of bid opening to establish initail ranking. However, if
there is a change in the value of the currencies prior to the decision on
award, the bid prices will be re-evaluated at the exchange rates on the
date of decision to award. If the decision is taken beyond the original
date of expiry of bid vaidity, the exchange rates on the date of expiry of
the initial validity of bids, as specified in Clause 16, will be used.
To facilitate evaluation and comparison, the Purchaser will convert all
bid prices expressed in the amounts in the various currencies in which bid
price is payable, to the local currency of the Purchaser's country at the
selling exchange rate published by an official source and applicable to
similar tranactions on the day bids are opened or at such later dater (30
or 60 days after bid opening) as shall be specified in the call for bids.
Evaluation and Comparison of Bids
The Purchaser will evaluate and compare the bids previously determined to
be substantially responsive, pursuant to Clause 24.
The Purchaser's evaluation of a bid will exclude and not take into
in the case of goods manufactured in the Purchaser's country or goods of
foreign origin already located in the Purchaser's country, sales and other
similar taxes, which will be payable on the goods if a contract is awarded
to the Bidder;
in the case of goods of foreign origin offered form abroad, customs duties
and other similar import taxes which will be payable on the goods if the
Contract is awarded to the Bidder; and
any allowance for price adjustment during the period of execution of the
Contract, if privided in the bid.
The comparison shall be of ex-factory/ex-warehouse/off-the-shelf price of
the goods offered from within the Purchaser's country, such price to
include all costs as wll as duties and taxes paid or payable on components
and raw material incorporated or to be incorporated in the goods, and the
CIF port-of-entry price of the goods offered from outside the Purchaser's
The Purchaser's evaluation of a bid will take into account, in addition to
the bid price and the price of incidental services, the following factors,
in the manner and to the extent indicated in para. 26.5 and in the
Cost of inland transportation, insurance and other costs within the
Purchaser's country incidental to delivery of the goods to their final
Delivery schedule offerend in the bid;
Deviation in payment schedule from that specified in the Special
Conditions of Contract;
The cost of components, spare parts and service;
The availability in the Purchaser's country of spare parts and after-sales
services tor the equipment offered in the bid;
The projected operating and maintenance costs during the life of the
The performance and productivity of the equipment offered; and
The quality and adaptability of the equipment offered.
Pursuant to para. 26.4 the following evaluation methods will be followed:
Inland Transportation, ex-factory/form port of entry, Insurance and
Inland transportation, insurance and other incidental costs, for delivery
of the goods, form ex-factory/port of entry to project site will be
computed for each bid by the Purchaser on the basis of published tariffs
by the rail/road transport agencies, insurance companies and/or other
appropriate sources. To facilitate such computation, Bidders shall furnish
the deminsions and shipping weight and the approximate ex-factory CIF
value of each package.
Bidder shall quote separately for inland transportation, insurance and
other incidentals for delivery of goods to the project site. These costs
incurred in Purchaser's country shall be quoted in local currency.
Inland transportation cost shall be computed on the following tariff:
(------------------) per kg/ton
(------------------) per cubic
meter/cubic yard per km
above costs will be added to the ey-factory/DIF bid price.
The purchaser desires to have delivery of the goods covered under the
invitation, at the time specified in the Schedule of Requirements. The
estimated time of arrival of the goods at the project site should be
calculated for each bid after allowing for reasonable ocean and inland
transportation time. Treating the bid offering the scheduled time of
arrival as the base, a delivery "adjustment" will be calculated
for other bids at (--------------------)
of the ex-factory/CIF price for each month of delay beyond the base and
this will be added to the bid price for evaluation.
The goods covered under this invitation are required to be shipped (-------------------)
months after signing of the contract and establishment of the Letter of
Credit. No credit will be given to earlier deliveries and bids offering
delivery beyond (-----------------)
months of signing the Contract and establishment of the Letter of Credit
will be treated as unresponsive. Within this acceptable range (------------------) to (----------------------)
months, an adjustment of US$ (---------------------)
per month will be added to bids offered deliveries later than (-------------------)
months for evaluation.
The goods under this invitation are required to be shipped in accordance
with the following schedule, after establishment of Letter of Credit:
% not earlier than three months but not later than six months;
% not earlier than six months but not later than nine months;
% not earlier than nine months but not later than twelve months;
% not earlier than twelve months but not later than fifteen months.
offering deliveries earlier or later than the above schedule shall be
adjusted in the evaluation by adding a factor of 2 % of ex-factory/CIF
value per month to the bid price.
Deviation in Payment Schedule:
Bidders shall state their bid price for the payment schedule outlined in
the Special Conditions of Contract. Bids will be evaluated on the basis of
this base price. Bidders are, however, permitted to state an alternative
payment schedule and indicate the reduction in bid price they wish to
offer for such alternative payment schedule. The Purchaser may consider
the alternative payment schedule offered by the selcted Bidder.
The Special Conditions of Contract indicate the payment schedule offered
by the Purchaser. If a bid deviates from the schedule and if such
deviation is considered acceptable to the Purchaser, the bid will be
evaluated by calculating interest eamed for any earlier payments involved
in the terms outlined in the bid as compared to those stipulated in this
invitation, at a rate of (----------------)
percent per annum.
Cost of spare Parts:
Appendix (----------------) to
the Technical Specifications lists the items and quantities of major
assemblies, components and selcted items of spare parts, likely to be
required during the initial (----------------)
year period of operation of the plant. The total cost of these items and
quantities at the unit prices quoted in each bid will be added to the bid
The Purchaser will draw up a list of high usage value items of components
and spare parts anlong with estimated quantities of usage in the initial (----------------)
year period of operation. The total cost of these items and quantities
will be computed from spare parts unit prices submitted by the Bidder and
added to the bid price.
The Purchaser qill estimate the cost of spare parts usage in the initial (----------------)
year period of operation, based on information furnished by each Bidder as
well as on past experience of the Purchaser or other Purchasers similarly
place. Such costs shall be added to the bid price for evaluation.
Spare Parts and After Sales Service Facilities in the Purchaser's Country:
cost to the Purchaser of establishing the minimum service facilities and
parts, inventories, as outlined elsewhere in the bid invitation, if quoted
separately, shall be added to the bid price.
Operating and maintenance Costs:
the operating and maintenance costs of the equipment under procurement
form a major part of the life cycle cost of the equipment, these costs
will be evaluated as follows:
fuelcosts shall be based on (----------------) kms/hours of operation per year for (----------------)
years at a fuel price of (----------------);
spare parts costs shall be based on (----------------)
kms/hours of operation based on the guaranteed figures provided by the
Bidder in response to (----------------)
of the Technical Specifications or based on past actual figures for
similar equipment already in use with the Purchaser; and
all future costs will be discounted to present value at a discount factor
of (----------------) percent.
Performance and Productivity of the Equipment:
Bidders shall state the guaranteed performance or efficiency in response
to the Technical Specification. For each drop in the performance or
efficiency below the norm of 100, an adjustment of (US$ -----------------)
will be added to the bid price, representing the capitalized cost of
additional fuel/power/operating costs over the life of the plant.
Equipment offered shall have a minimum productivity specified under item (----------------)
of the Technical Specifications to be considered responsive. Evaluation
shall be based on the cost per unit of the actual productivity of equpment
offered in the bid.
Merit Point System:
following merit point system for weighing evaluation factors will be
price of the equipment
60 to 90
of common list spare parts
0 to 20
features, maintenance and operating costs
0 to 20
and spare parts availability
0 to 20
0 to 20
bid scoring the highest number of points will be deemed to be the lowest
Domestic Preference (for World Bank) OR margin of Prefernce (for IDB)
In the comparison of evaluated bids, the Purchaser will grant a margin of
preference to goods manufactured in the Purchaser's country, in accordance
with the following procedure, provided the Bidder shall have established
to the satisfaction of the Purchaser and the World Bank that the
manufacturing cost of such goods includes a domestic value added equal to
at least 20 % of the ex-factory bid price of such goods.
The Purchaser will first review the bids to confirm the appropriateness
of, and to modify as necessary, the bid group classification to which
bidders assigned their bids in preparing their Bid Forms and Price
Schedule, pursuant to Clause 11.
All evaluated bids in each group will then be compared among themselves,
to determine the lowest evaluated bid of each group. The lowest evaluated
bid of each group will next be compared with the lowest evaluated bids of
the other groups. If this comparison results in a bid from Group A or B
being the lowest, it will be selected for the award of the Contract.
If, as a result of the preceding comparison, the lowest bid is from Group
C, all Group C bids will then be further compared with the lowest
evaluated bid from Group A, after adding to the evaluated bid price of the
imported goods offered in each Group C bid for the purpose of this further
the amount of customs duties and other import taxes which a non-exempt
importer would have to pay for the importation of the goods offered in
each Group C bid;
15 % of the CIF Bid Price of such goods, if the customs duties and taxes
esceed 15 % of the CIF price of such goods.
the Group A bid in the further comparison is the lowest, it will be
selected for award. If not, the lowest evaluated bid from Group C, as
determined from the comparison under para. 27.3 above, will be selected.
In the comparison of evaluated bids, local suppliers are entitled to a
margin of preference according to the following criteria:
Goods shall be considered to be of local origin if the cost of the local
materials, labor and services used to produce the item constitutes not
less than 40 % of the cost of the finished product;
In comparing local and foreign bids, the bid or offered price of goods of
local origin shall be the delivered price at the project site, with
import duties paid on significant raw materials or manufactured
local sales, consumption and value added to taxes incorporated in the cost
of the items being offered. Proof of the amounts to be deducted under (I)
and (II) shall be established by the local bidder. The offered price by
foreign bidders shall be the CIF prices (less import taxes, consular and
port fees) plus handling and local transportation expenses from the port
to the project site; and
In adjudicating bids, a 15 % margin of preference or the actual import
duty, whichever is the lesser, shall be added to the CIF price of the
foreign offers expressed in their local currency equivalent.
Contacting the Purchaser
Subject to Clause 23, no Bidder shall contact the Purchaser on any matter
relating to its bid, from the time of the bid opening to the time the
Contract is awarded.
Any effort by a Bidder to influence the Purchaser in the Purchaser's bid
evaluation, bid comparison or contract award decisions may result in the
rejection of the Bidder's bid.
Award of Contract
In the absence of prequalification, the Purchaser will determine to its
satisfaction whether the Bidder selected as having submitted the lowest
evaluated responsive bid is qualified to satisfactorily perform the
The determination will take into account the Bidder's financial, technical
and production capabilities. It will be based upon an examination of the
documentary evidence of the Bidder's qualifications submitted by the
Bidder, pursuant to Clause 13, as well as such other information as the
Purchaser deems necessary and appropriate.
An affirmative determination will be a prerequisite for award of the
Contract to the Bidder. A negative determination will result in rejection
of the Bidder's bid, in which event, the Purchaser will proceed to the
next lowest evaluated bid to make a similar determination of that Bidder's
capabilities to perform satisfaction.
Subject to Clause 32, the Purchaser will award the Contract to the
successful Bidder whose bid has been determined to be substantially
responsive and has been determined as the lowest evaluated bid, provided
further that the Bidder is determined to be qualified to perform the
Purchaser's Right to Vary Quantities at Time of Award
The Purchaser resserves the right at the time of award of Contract to
increase or decrease by up to (--------------------)
the quantity of goods and services specified in the Schedule of
Requirements without any change in price or other terms and conditions.
Purchaser's Right to Accept Any Bid and to Reject Any or All Bids
The Purchaser reserves the right to accept or reject any bid, and to annul
the bidding process and reject all bids at any time prior to award of
Contract, without thereby incurring any liability to the affected Bidder
or Bidders or any obligation to inform the affected Bidder or Bidders of
the grounds for the Purchaser's action.
Notification of Award
Prior to the expiration of the period of bid validity, the Purchaser will
notify the successfull Bidder in writing by registered letter or by cable
or telex, to be confirmed in writting by registered letter, that its bid
has been accepted.
The notification of award will consitute the formation fo the Contract.
Upon the successful Bidder's furnishing of performance security pursuant
to Clause 35, the Purchaser will promptly notify each unsuccessful Bidder
and will discharge its bid security, pursuant to Clause 15.
Signing of Contract
At the same time as the Purchaser notifies the successful Bidder that its
bid has been accepted, the Purchaser will send the Bidder the Contract
Form provided in the Bidding Documents, incorporating all agreements
between the parties.
Within 30 days of receipt of the Contract Form, the successful Bidder
shall sign and date the Contract and return it to the Purchaser.
Within 30 days of the receipt of notification of award from the Purchaser,
the successful Bidder shall furnish the performance security in accordance
with the Conditions of Contract, in the Performance Security Form provided
in the Bidding Documents or another form acceptable to the Purchaser.
Failure of the successful Bidder to comply with the requirement of Clause
34 or Claus 35 shall constitute sufficient grounds for the annulment of
the award and forfeiture of the bid security, in which event the Purchaser
may make the award to the next lowest evaluated bidder or call for new
III. GENERAL CONDITIONS OF CONTRACT
III. GENERAL CONDITIONS OF CONTRACT
In this Contract, the following terms shall be interpreted as indicated:
"The Contract" meanx the agreement entered into between the
Purchaser and the Supplier, as recorded in the Contract Form signed by the
parties, including all attachments and appendices therto and all documents
incorporated by reference therein;
"The Contract Price" means the price payable to the Supplier
under the Contract for the full and proper performance of its contractual
"The Goods" means all of the equipment, machinery, and/or other
materials which the Supplier is required to supply to the Purchaser under
"Services" means services ancillary to the supply of the Goods,
such as transportation and insurance, and any other incidental services,
such as installation, commissioning, provision of technical assistance,
training and other such obligations of the Supplier covered under the
"The Purchaser" means the Organization purchasing the Goods;
"The Supplier" means the individual or firm supplying the Goods
under this Contract; and
IFI meanx the International Financial Insitution and stands for the World
Bank OR the International Development Association, OR the Inter-American
Development Bank, as defined in the Special Conditions of Contract.
These General Conditions shall apply to the extent that they are not
superceded by provisions in ogher parts of the Contract.
Country of Origin
All Goods and Services supplied under the Contract shall have their origin
in the member countries and territories eligible under the rules of the
IFI financing the Contract. These rules are explained under the Special
Conditions of Contract.
For purposes of this clause "origin" means the place where the
Goods were mined, grown or produced, or from which the Services are
supplied. Goods are produced when, through manufactoring, processing or
substantial and major assembling of components, a commercially recognized
new product results that is substantially different in basic
characteristics or in purpose or utility from its components.
The origin of Goods and services is distinct from the nationality of the
The Goods supplied under this Contract shall conform to the standards,
mentioned in the Technical Specifications, and, when no applicable
standard is mentioned, to the authoritative standard appropriate to the
Goods' country of origin and such standards shall be the latest issued by
the concerned insitution.
Use of Contract Documents and Information
The Supplier shall not, without the Purchaser's prior written consent,
disclose the Contract, or any provision thereof, or any specification,
plan, drawing, pattern, sample or information furnished by or on behalf of
the Purchaser in connection therewith, to any person other than a person
employed by the Supplier in the performance of the Contract. Disclosure to
any such employed person shall be made in confidence and shall extend only
so far as may be necessary for purposes of such performance.
The Supplier shall not, without the Purchaser's prior written consent,
make use of any document or information enumerated in para. 5.1 except for
purposes performing the Contract.
Any document, other than the Contract itself, enumerated in para. 5.1
shall remain the property of the Purchaser and shall be returned (in all
copies) to the Purchaser on completion of the Supplier's performance under
the Contract if so required by the Purchaser.
The Supplier shall indemnify the Purchaser against all third-party claims
of infringement of patent, trademark or industrial designs rights arising
from use of the Goods or any part thereof in the Purchaser's country.
Within 30 days after the Supplier's receipt of notification of award of
the Contract, the Supplier shall furnish performance security to the
Purchaser in the amount specified in the Special Conditions of contract.
The proceeds of the performance security shall be payable to the Purchaser
as compensation for any loss resulting from the Supplier's failure to
complete its obligations under the Contract.
The Performance Security shall be denominated in the currency of the
Contract or in a freely convertible currency acceptable to the Purchaser,
and shall be in one of the following forms:
A bank guarantee or irrevocable Letter of Credit, issued by a bank located
in the Purchaser's country or abroad acceptable to the Purchaser, and in
the form provided in the Bidding Documents or another from acceptable to
the Purchaser; or
A cashier's check, certified check, or cash.
The performance security will be discharged by the Purchaser and returned
to the supplier not later than 30 days following the date of completion of
the Supplier's performance obligations, including any warranty
obligations, under the Contract.
Inspections and Tests