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Weltbank: Bieterverfahren - Dokumente

BERLIN - (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:

 PROCUREMENT OF GOODS

THE WORLD BANK

INTER-AMERICAN DEVELOPMENT BANK

 March 1986

PREFACE

This 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.

Borrowers 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:

 

(I) 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 parentheses;

(II) 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;

(III) 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

(IV) 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.

 

Borrowers should mention if this sample bidding document has been used in the preparation of bidding documents that are submitted to the Bank for review.

 

 

Originally published September 1983

Revised edition March 1986

ISBN 0-8213-0780-0


TABLE OF CONTENTS
Section I. INVITATION FOR BIDS (IFB)

 

Date: (of Issuance of Invitation)

Loan No.: ---------------------------------

IFB No.: -----------------------------------

 

1. The (name of Borrower) has received[1] 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).

2. The (Name of the Purchaser) now invites sealed bids from eligible bidders for the supply of (Brief Description of the Goods and Related Services).

3. Interested eligible Bidders may obtain further information from and inspect the bidding documents at the office of: (Name of Appropriate Purchasing Unit),[2] (Mailing Address of Appropriate Office for Enyuiry and Issuance of bidding Documents and Cable/Telex Numbers).

4. 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 -------------------- .[3]

5. All bids must be accompanied by a security of (Fixed Sum or Percentage of Bid Amount)[4] and must be delivered to the above office[5] on or before (Hours) on (Date).

6. Bids will be opened in the presence of Bidders' representatives who choose to attend at (Time and Date) at the offices of (-----------------------).


Section II. INSTRUCTIONS TO BIDDERS

TABLE OF CLAUSES

 

Clause.... .... Page

Number.... Topic.... Number

 

                   A. Introduction.... 7

1..... Source of Funds.... 7

2..... Eligible Bidders.... 7

3..... Eligible Goods and Services.... 7

4..... Cost of Bidding.... 7

                   B. Bidding Documents.... 8

5..... Content of Bidding Documents.... 8

6..... Clarification of Bidding Documents.... 8

7..... Amendment of Bidding Documents.... 8

                   C. Preparation of Bids.... 9

8..... Language of Bid.... 9

9..... Documents Comprising the Bid.... 9

10..... Bid Form.... 9

11..... Bid Prices.... 10

12..... Bid Currencies.... 11

13..... Documents Establishing Bidder's Eligibility and Qualifications.... 12

14..... Documents Establishing Godds Eligibility and Conformity to Bid Documents.... 12

15..... Bid Security.... 13

16..... Period of Validity of Bids.... 14

17..... Format and Signing of Bid.... 14

                   D. Submission of Bids.... 14

18..... Sealing and Marking of Bids.... 14

19..... Deadline for Submission of Bids.... 15

20..... Late Bids.... 15

21..... Modification and Withdrawal of Bids.... 15

                   E. Bid Opening and Evaluation.... 16

22..... Opening of Bids by Purchaser.... 16

23..... Clarification of Bids.... 16

24..... Preliminary Examination.... 16

25..... Conversion to Single Currency.... 17

26..... Evaluation and Comparison of Bids.... 17

27..... Domestic Preference (for World Bank) or Margin of Preference (for IDB).... 21

28..... Contacting the Purchaser.... 22

                   F. Award of Contract.... 22

29..... Postqualification.... 22

30..... Award Criteria.... 23

31..... Purchaser's Right to Vary Quantities at Time of Award.... 23

32..... Purchaser's Right to Accept Any Bid and to Reject Any or All Bids.... 23

33..... Notification of Award.... 23

34..... Signing of Contract.... 23

35..... Performance Security.... 24


Section II. INSTRUCTIONS TO BIDDERS

A. Introduction

1. Source of Funds

1.1 The (Name of Borrower) has received[6] a loan[7] 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.

2. Elibigle Bidders

2.1 This Invitation for Bids is open to all suppliers from eligible source countries as defined under the guidelines for Procurement of the IFI.

3. Eligible Goods and Services

3.1 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.

3.2 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.

3.3 The origin of goods and services is district from the nationality of the Bidder.

4. Cost of Bidding

4.1 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 process.

B. The Bidding Documents

5. Content of Bidding Documents

5.1 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:

(a) Instuctions to Bidders;

(b) General Conditions of Contract;

(c) Special Conditions of Contract;

(d) Schedule of Requirements;

(e) Technical Specifications;

(f) Bid Form and Price Schedules;

(g) Bid Security Form;

(h) Contract Form; and

(i) Performance Security Form.

5.2. 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.

6. Clarification of Bidding Documents

6.1 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.

7. Amendment of Bidding Documents

7.1 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.

7.2 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.

7.3 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.

C. Preparation of Bids

8. Language of Bid

8.1 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 (----------------------)[8] language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by a (----------------------)8 translation of its pertinent passages in which case, for purposes of interpretation of the bid, the (----------------------)8 translation shall govern.

9. Documents Comprising the Bid

9.1 The bid prepared by the Bidder shall comprise the following components:

(a) A Bid Form and a Price Schedule completed in accordance with Clauses 10, 11 and 12;

(b) 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;

(c) 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

(d) Bid security furnished in accordance with Clause 15.

10. Bid Form

10.1 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.

10.2[9] 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:


(a) 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 20 %[10] of the ex-factory price;

(b) 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[11]; and

(c) Group C: bids offering goods of foreign origin to be imported by the Purchaser directly or through the supplier's local agent.

10.39 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.

11. Bid Prices

11.1 The Bidder shall indicate on the appropriate Price Schedule attached to these documents the unit prices[12] and total Bid Prices of the goods proposes to supply under the Contract.

11.2 Prices indicated on the Price Schedule shall be entered separately in the following manner:

(a) For goods offered from within the Purchaser's country:

(I) 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:

a. on the components and raw material used in the manufacture or assembly of goods quoted ex-factory; or

b. on the previously imported goods of foreign origin quoted ex-showroom, ex-warehouse or off-the shelf.

(II) any purchaser-country sales and other taxes which will be payable on the goods if this Contract is awarded;

(III)[13] charges for inland transportation, insurance and other local costs incidental to delivery of the goods to their final destination; and

(IV) the cost of incidental services listed in Clause -------------------- of the Special Conditions of Contract.


(b) For goods offered from abroad:

(I) 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.

(II)[14] the price of the goods quoted FOB port of shipment;

(III)[15] 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

(III) the cost of incidental services listed in Clause ------------------ of the Special Conditions of Contract.

11.3 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.

11.4[16] 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.

Alternative

11.4[17] 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 evaluation.

12. Bid Correncies

12.1 Prices shall be quoted in the follogwing currencies:

(a)17 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

(b) 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).[18]

12.2 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.18.1

13. Documents Establishing Bidder's Eligiblity and Qualifications

13.1 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.

13.2 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 Clause 2.

13.3 The documentary evidence of the Bidder's qualifications to perform the Contract if its bid is accepted, shall establish to the Purchaser's satisfaction:

(a) 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.

(b) that the Bidder has the financial, technical and production capability necessary to perform the Contract; and

(c) 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.

14. Documents Establishing goods' Eligibility and Conformity to Bidding Documents

14.1 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.

14.2 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.

14.3 The doumentary evidence of the goods' and services' conformity to the Bidding Douments may be in the form of literature, drawings and data, and shall furnish:

 

(a) a detailed description of the goods' essential technical and performance characteristics;

(b) 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[19], following commencement of the goods used by the Purchaser; and

(c) 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.

14.4 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.

15. Bid Security[20]

15.1 Pursunat to Clause 9, the Bidder shall furnish, as part of its bid, bid security in the amount of (---------------------).[21]

15.2 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 para. 15.7.

15.3 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) 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

(b) A cashier's check, certified check or cash.

15.4 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.

15.5 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.

15.6 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.


15.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid-Form; or

(b) in the case of a successful Bidder, if the Bidder fails:

(I) to sign the Contract in accordance with Clause 34; or

(II) to furnish performance security in accordance with Clause 35.

16. Period of Validity of Bids

16.1 Bids shall remain valid for (-----------------------)[22] 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.

16.2 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 its bid.

17. Format and Signing of Bid

17.1 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.

17.2 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.

 

D. Submission of Bids

18. Sealing and Marking of Bids

18.1 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" and "copy".


18.2 The inner and outer envelopes shall be:

(a) addressed to the Purchaser at the following address:

------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------

(b) bear (the Project Name), the Invitation for Bids (IFB) number, and the words "DO NOT OPEN BEFORE --------------------------------------".

18.3 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".

18.4 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 premature opening.

19. Deadline for Submission of Bids

19.1 Bids must be received by the Purchaser at the address specified under para. 18.2 no later than (Hours) on (Date).

19.2 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.

20. Late Bids

20.1 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.

21. Modification and Withdrawal of Bids

21.1 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.

21.2 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.

21.3 No bid may be modified subsequent to the deadline for submission of bids.

21.4 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.

 


E. Bid Opening and Evaluation

22. Opening of Bids by Purchaser

22.1 The Purchaser will open bids, in the presence of bidders', representatives who choose to attend, at (Date and Time)[23] and in the following location (Address). The Bidders' representatives who are present shall sign  a register evidencing their attendance.

22.2 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.

22.3 The Purchaser will prepare minutes of the bid opening.

23. Clarification of Bids

23.1 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.

24. Preliminary Examination

24.1 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.

24.2 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.

24.3 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.

24.4 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.

24.5 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 any Bidder.

25. Conversion to Single Currency (World Bank)

25.1[24] 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[25] 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 similar transactions.

Alternative A:

on (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 Clause 16).

Alternative B:

on the date of decision to award.[26] 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.

Alternative (IDB)

25.1[27] 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.

26. Evaluation and Comparison of Bids

26.1 The Purchaser will evaluate and compare the bids previously determined to be substantially responsive, pursuant to Clause 24.

26.2 The Purchaser's evaluation of a bid will exclude and not take into account:

(a) 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;

(b) 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

(c) any allowance for price adjustment during the period of execution of the Contract, if privided in the bid.

26.3 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 country.

26.4[28] 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 Technical Specifications:

(a) Cost of inland transportation, insurance and other costs within the Purchaser's country incidental to delivery of the goods to their final destination;

(b) Delivery schedule offerend in the bid;

(c) Deviation in payment schedule from that specified in the Special Conditions of Contract;

(d) The cost of components, spare parts and service;

(e) The availability in the Purchaser's country of spare parts and after-sales services tor the equipment offered in the bid;

(f) The projected operating and maintenance costs during the life of the equipment;

(g) The performance and productivity of the equipment offered; and

(h) The quality and adaptability of the equipment offered.

26.5[29] Pursuant to para. 26.4 the following evaluation methods will be followed:

(a) Inland Transportation, ex-factory/form port of entry, Insurance and Incidentals:

(I) 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.

OR

(II) 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.

OR

(III) Inland transportation cost shall be computed on the following tariff:

a. (------------------) per kg/ton per km

b. (------------------) per cubic meter/cubic yard per km

The above costs will be added to the ey-factory/DIF bid price.

(b) Delivery Schedule:

(I) 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 (--------------------) %[30] 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.

OR

(II) 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.

OR

(III) 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.

Bids 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.

(c) Deviation in Payment Schedule:

(I) 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.

OR

(II) 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.


(d) Cost of spare Parts:

(I) 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 price.

OR

(II) 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.

OR

(III) 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.

(e) Spare Parts and After Sales Service Facilities in the Purchaser's Country:

The 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.

(f) Operating and maintenance Costs:

Since 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:

(I) fuelcosts shall be based on (----------------) kms/hours of operation per year for (----------------) years at a fuel price of (----------------);

(II) 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

(III) all future costs will be discounted to present value at a discount factor of (----------------) percent.

(g) Performance and Productivity of the Equipment:

(I) 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.

OR

(II) 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.

Alternative

26.5 Merit Point System:[31]

The following merit point system for weighing evaluation factors will be applied:

(Choose from

the range of)

Evaluated price of the equipment                                       60 to 90

Price of common list spare parts                                                  0 to 20

Technical features, maintenance and operating costs             0 to 20

Service and spare parts availability                                         0 to 20

Standardization                                                                          0 to 20

Total                                                                                               100

The bid scoring the highest number of points will be deemed to be the lowest evaluated bid.

27. Domestic Preference (for World Bank) OR margin of Prefernce (for IDB)[32] (World Bank)

27.1 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.

27.2 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.

27.3 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.

27.4 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 comparison only:

(a) 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;

or


(b) 15 % of the CIF Bid Price of such goods, if the customs duties and taxes esceed 15 % of the CIF price of such goods.

If 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.

Alternative (IDB)

27.1 In the comparison of evaluated bids, local suppliers are entitled to a margin of preference according to the following criteria:

(a) 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;

(b) 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 deductions for:

(I) import duties paid on significant raw materials or manufactured components; and

(II) 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

(c) 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.

28. Contacting the Purchaser

28.1 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.

28.2 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.

 

F. Award of Contract

29. Postqualification[33]

29.1 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 Contract.

29.2 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.

29.3 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.

30. Award Criteria

30.1 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 Contract satisfactorily.

31. Purchaser's Right to Vary Quantities at Time of Award

31.1[34] 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.

32. Purchaser's Right to Accept Any Bid and to Reject Any or All Bids

32.1 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.

33. Notification of Award

33.1 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.

33.2 The notification of award will consitute the formation fo the Contract.

33.3 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.

34. Signing of Contract

34.1 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.

34.2 Within 30 days of receipt of the Contract Form, the successful Bidder shall sign and date the Contract and return it to the Purchaser.

35. Performance Security

35.1 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.

35.2 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 bids.


Section III. GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

 


Section III. GENERAL CONDITIONS OF CONTRACT

1. Definitions

1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) "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;

(b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations;

(c) "The Goods" means all of the equipment, machinery, and/or other materials which the Supplier is required to supply to the Purchaser under the Contract;

(d) "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 Contract;

(e) "The Purchaser" means the Organization purchasing the Goods;

(f) "The Supplier" means the individual or firm supplying the Goods under this Contract; and

(g) 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.

2. Application

2.1 These General Conditions shall apply to the extent that they are not superceded by provisions in ogher parts of the Contract.

3. Country of Origin

3.1 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.

3.2 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.

3.3 The origin of Goods and services is distinct from the nationality of the Supplier.

4. Standards

4.1 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.

5. Use of Contract Documents and Information

5.1 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.

5.2 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.

5.3 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.

6. Patent Rights

6.1 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.

7. Performance Security

7.1 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.

7.2 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.

7.3 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) 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

(b) A cashier's check, certified check, or cash.

7.4 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.

8. Inspections and Tests

8.1

 


[1] Substitute "has applied for" if appropriate,

[2] The office for enquiry and issuance of bidding documents and that for bid submission may or may not be the same.

[3] The fee chargeable should only be nomimal to defray reproduction and mailing costs and to ensure that only bona fide Bidders will request for Bidding Documents. An amount of between US$ 50 and US$ 200 is deemed appropriate.

[4] If bid security is required insert appropriate information from "Instructions to Bidders", Clause 15. (Delete this paragraph if no bid security is required.)

[5] Substitute the Purchaser's address for bid submission if different from its address for enquiry and issuance of Bid Documents.

[6] Substitute "has applied for", as appropriate.

[7] In any reference to "loan", substitute "credit", as appropriate.

[8] Hereinafter inser "English", "French" or "Spanish" in the case of World Bank, and "English", "French", "Spanish" or "Portuguese" in the case of the IDB, as appropriate.

[9] Delete where a margin of domestic prefernce is not to be granted.

[10] IDB requires a 40 % domestic value added.

[11] Delete the last phrase "and for goods of foreign origin already located in the Purchaser's country" for IDB financed projects.

[12] If no unit prices are involved, delete "unit prices and".

[13] Optional paragraph, Delete if inapplicable.

[14] Optional. This should be in addition to (I) and is for the purpose of contracting on FOB basis if the Purchaser wishes to retain the option to arrange ocean transportation and insurance.

[15] Optional subparagraph. Delete if inapplicable. Even if the Bidder is not requested to include these estimated charges in its bid, the Purchaser may add th cost of inland transportation and other incidental costs for purposes of comparison of bids (see Clause 26).

[16] Alternatives. Delete the inapplicable alternative.

[17] Delete if local bidders offering goods from within the country can be permitted to quote and be paid in foreign currency and modity (b) suitably to cover all Bidders and goods.

[18] Insert a currency widely used in international trade. Alternatively, the Bidder may be permitted to quote in his home country currency or an international trading currency specified in the document or the European Currency Unit (ECU). If this option is used, the Purchaser should also indicate one of the ECU component currencies which would be used for purposes of converting bids in ECU to a common currency for bid comparison.

18.1  The European Currency Unit (ECU) can alsoa be permitted as a currency of expenditure for purchases outside the country of the bidder and the borrower.

[19] Modfy as appropriate.

[20] For small value purchases, bid security is not essential and may be dispensed with. If so, this clause number and title should be retained followed by the words, "not required".

[21] Insert amont deemed appropriate by the Purchaser, The amount may be expressed either as a fixed amount or as an amount not less than a specified percentage of the Bidder's bid price, preferably the former. Bid security shall be normally in the range of 2 % to 5 % of the bid amount.

[22] Insert the number of days deemed appropriate by the Purchaser. The period should be sufficient to permit completion of evaluation and comparison of bids, review of the recommended selection with the financing agency (if so required), obtaining of all necessary approvals, and notifying of the award. Normally, the validity period should be 90 days. For major anc complex plant and equipment, validity may be longer. For commodities, validity should be shorter. A realistic period should be specified in order to avoid the need for extensions.

[23] Should follow immediately or soon after bid closing.

[24] Alternative clauses; delete inapplicable clauses.

[25] Substitute another currency if mor convenient to the Purchaser.

[26] Date of decision on award should be defined by the Purchaser as the date of tender board's decision or the date of Government's approval.

[27] Alternative clause; delete if inapplicable.

[28] This is an optional paragraph and should be retained only when factors other than bid price are proposed to be considered in the evaluation. The list under items (a) to (h) is merely illustrative; only those factors which are intended to be evaluated should be retained and others should be deleted.

[29] If para. 26.4 is retained, for the factors listed under that paragraph the evaluation method should be outlined by choosing from among the various sample provisions included under this paragraph. Only one paragraph under each sub-heading will be applicable and the inapplicable provisions shall be deleted.

[30] Insert appropriate percentage figure. 2 % per month is a reasonable figure. The liquidated damages under Clause 23 of the General Conditions of Contract should be equal or higher.

[31] This method is useful only when a more elaborate quantification is either impractical or unjestified due to the small value of the procurement.

[32] This clause is optional and ought to be included only where the Purchaser intends to grant a margin of domestic preference in the comparison of bids.

[33] Wherever practicable and appropriate, specify minimum qualification requirements to be met if a prequalification procedure was not used prior to bidding.

[34] Optional clause to be used only where appropriate. Insert appropriate percentage figure. Normally should not exceed 15 %.

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