亚洲开发银行工程招标文件范本（适合于资格预审）2006年10月版

亚洲开发银行工程招标文件（适合于资格预审）2006年10月版 STANDARD BIDDING DOCUMENT Procurement of Works - Following Prequalification - Asian Development Bank October 2006 Foreword This Standard Bidding Document for the Procurement of Works (SBD Works) has been prepared by the Asian Development Bank (ADB) and is based on the Master Procurement Document entitled “Bidding Document for the Procurement of Works”, prepared by multilateral development banks and other public international financial institutions which reflects the majority view of these institutions. This document has the structure and the provisions of the Master Procurement Document, except where ADB-specific considerations have required a change. An important feature of this SBD is that it can be used with minimum changes, as it does not contain explanations, footnotes or examples. The SBD is only available in electronic format. This SBD is supported by a User’s Guide. The User’s Guide contains detailed explanations and recommendations to Employers on how to prepare a specific Bidding Document for the procurement of works and how to evaluate bids. The User’s Guide is not a part of the Bidding Document. To obtain further information on procurement under ADB-assisted projects, contact Project Coordination and Procurement Division Central Operations Services Office Asian Development Bank P.O. Box 789, 0980 Manila, Philippines Email: procurement@adb.org Fax: (63-2) 636 2475 BIDDING DOCUMENT Procurement of Works Issued on: Invitation for Bids No.: ICB No.: Employer: Country: Preface This Bidding Document for the Procurement of Works has been prepared by . . . . . . . and is based on the Standard Bidding Document for the Procurement of Works (SBD Works) issued by the Asian Development Bank dated . . . . . . . . . . . ADB’s SBD Works has the structure and the provisions of the Master Procurement Document entitled “Bidding Documents for the Procurement of Works”, prepared by multilateral development banks and other public international financial institutions except where ADB-specific considerations have required a change. Procurement of Works ADB Standard Bidding Document Table of Contents - Summary Description PART I BIDDING PROCEDURES Section 1 - Instructions to Bidders (ITB) -------------------------------------------- 1-1 This section specifies the procedures to be followed by Bidders in the preparation and submission of their Bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of contract. Section 2 - Bid Data Sheet (BDS) ---------------------------------------------------- 2-1 This section consists of provisions that are specific to each procurement and supplement the information or requirements included in Section 1 - Instructions to Bidders. Section 3 - Evaluation and Qualification Criteria (EQC) ----------------------- 3-1 This Section contains the criteria to determine the lowest evaluated bid and the qualifications of the Bidder to perform the contract. Section 4 - Bidding Forms (BDF) ---------------------------------------------------- 4-1 This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid. Section 5 - Eligible Countries (ELC) ------------------------------------------------ 5-1 This section contains the list of eligible countries. PART II REQUIREMENTS Section 6 - Employer’s Requirements (ERQ) -------------------------------------- 6-1 This Section contains the Specification, the Drawings, and supplementary information that describe the Works to be procured. PART III CONDITIONS OF CONTRACT AND CONTRACT FORMS Section 7 - General Conditions of Contract (GCC) ------------------------------ 7-1 This Section contains the general clauses to be applied in all contracts. The General Conditions shall be the Conditions of Contract for Construction for Building and Engineering Works designed by the Employer (red book), First Edition, 1999 prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). These Conditions are subject to the variations and additions set out in Section 8 (Particular Conditions of Contract). Section 8 - Particular Conditions of Contract (PCC) ---------------------------- 8-1 This Section contains provisions which are specific to each contract and which modify or supplement the GCC. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. Section 9 - Contract Forms (COF) ---------------------------------------------------- 9-1 This Section contains forms, which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award. Procurement of Works ADB Standard Bidding Document Section I. Instructions to Applicants Table of Clauses Page A. General .................................................................................................................. 1-3 1. Scope of Application 1-3 2. Source of Funds 1-3 3. Corrupt Practices 1-3 4. Eligible Applicants 1-4 5. Eligible Materials, Equipment and Services 1-5 B. Contents of Prequalification Document .................................................................. 1-5 6. Sections of the Prequalification Document 1-5 7. Clarification of Prequalification Document 1-6 8. Amendment of Prequalification Document 1-6 C. Preparation of Applications .................................................................................... 1-6 9. Cost of Applications 1-6 10. Language of Application 1-6 11. Documents Comprising the Application 1-6 12. Application Submission Sheet 1-7 13. Documents Establishing the Eligibility of the Applicant 1-7 14. Documents Establishing the Qualifica-tions of the Applicant 1-7 15. Signing of the Application and Number of Copies 1-7 D. Submission of Applications .................................................................................... 1-7 16. Sealing and Marking of Applications 1-7 17. Deadline for Submission of Applications 1-8 18. Late Applications 1-8 19. Opening of Applications 1-8 E. Evaluation of Applications ..................................................................................... 1-8 20. Confidentiality 1-8 21. Clarification of Applications 1-8 22. Responsive-ness of Applications 1-8 23. Margin of Preference 1-9 24. Subcontractors 1-9 F. Prequalification of Applicants ................................................................................ 1-9 25. Evaluation of Applications 1-9 26. Employer’s Right to Accept or Reject Applications 1-9 Procurement of Works ADB Standard Bidding Document 27. Prequalification of Applicants 1-9 28. Notification of Prequalification 1-9 29. Invitation to Bid 1-10 30. Changes in Qualifications of Applicants 1-10 Procurement of Works ADB Standard Bidding Document A. General 1. Scope of 1.1 In connection with the Invitation for Prequalification indicated in Section Application II, Application Data Sheet (ADS), the Employer, as defined in the ADS, issues this Prequalification Document to applicants interested in bidding for the works described in Section VI, Scope of Contract. The number of contracts and the name and identification of each contract as well as the International Competitive Bidding (ICB) number corresponding to this prequalification, are provided in the ADS. 2. Source of 2.1 The Borrower or Recipient (hereinafter called ―Borrower‖) indicated in Funds the ADS has applied for or received financing (hereinafter called ―funds‖) from the Asian Development Bank (hereinafter called ―the ADB‖) towards the cost of the project named in the ADS. The Borrower intends to apply a portion of the funds to eligible payments under the contract resulting from the bidding for which this prequalification is conducted (hereinafter called ―the Contract‖). 2.2 Payments by the ADB will be made only at the request of the Borrower and upon approval by the ADB in accordance with the terms and conditions of the financing agreement between the Borrower and the ADB (hereinafter called the Loan Agreement), and will be subject in all respects to the terms and conditions of that Loan Agreement. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to the funds. 3. Corrupt 3.1 ADB’s Anticorruption Policy requires borrowers (including beneficiaries Practices of ADB-financed activity), as well as bidders, suppliers, and contractors under ADB-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the ADB: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party; (ii) “fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (iv) “collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party. Procurement of Works ADB Standard Bidding Document (b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract; and (c) will sanction a party or its successor, including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed activities if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an ADB-financed contract. 4. Eligible 4.1 An Applicant shall be a private or government-owned legal entity, Applicants subject to ITA Sub-Clause 4.6, or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture (JV). In the case of a JV, (a) all partners to the JV shall be jointly and severally liable; and (b) a JV shall nominate a representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the prequalification process and, in the event the JV is prequalified, during the bidding process, and in the event the JV is awarded the Contract, during contract execution. 4.2 An Applicant, and all partners constituting the Applicant, shall have the nationality of an eligible country, in accordance with Section V, Eligible Countries. An Applicant shall be deemed to have the nationality of a country if the Applicant is a national of that country; or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. 4.3 The above requirement shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related services. 4.4 ADB considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited practice under ADB's Anticorruption Policy. In pursuance of ADB's Anticorruption Policy’s requirement that Borrowers (including beneficiaries of Bank-financed activity), as well as bidders, suppliers, and contractors under Bank-financed contracts, observe the highest standard of ethics. ADB will take appropriate actions to manage such conflicts of interest which may include rejecting a proposal for award if it determines that a conflict of interest has flawed the integrity of any procurement process. At the time of bidding, bidders may be considered to be in a conflict of interest with one or more parties if they, including but not limited to: (a) have controlling shareholders in common; or (b) receive or have received any direct or indirect subsidy from any of them; or Procurement of Works ADB Standard Bidding Document (c) have the same legal representative for purposes of their Application; or (d) have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or to influence the bid of another Applicant in the subsequent bidding process or influence the decisions of the Employer regarding this prequalification process; or (e) participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of this prequalification. Where a firm, or a firm from the same economic or financial group, in addition to consulting, also has the capability to manufacture or supply goods or to construct works, that firm, or a firm from the same economic or financial group, may not normally be a supplier of goods or works, if it provided consulting services for the contract corresponding to this prequalification, unless it can be demonstrated that there is no significant degree of common ownership, influence or control. 4.5 A firm that is under a declaration of ineligibility by the ADB in accordance with ITA Clause 3, at the date of submission of the application or thereafter, shall not be considered. 4.6 Government-owned enterprises in the Employer’s country shall be eligible only if they can establish that they are legally and financially autonomous, and operate under commercial law, and that they are not in any way dependent agencies of the Employer. 4.7 Applicants shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request. 5. Eligible 5.1 The materials, equipment and services to be supplied under the Materials, Contract and financed by ADB shall have as their country of origin an Equipment and eligible country of ADB (see Section V, Eligible Countries). Services B. Contents of Prequalification Document 6. Sections of the 6.1 The Prequalification Document consists of Parts 1 and 2 which include Prequalification all the sections indicated below, and should be read in conjunction with Document any Addenda issued in accordance with ITA Clause 8. PART 1 Prequalification Procedures , Section I. Instructions to Applicants (ITA) , Section II. Application Data Sheet (ADS) , Section III. Qualification Criteria (QLC) , Section IV. Application Forms (APF) , Section V. Eligible Countries (ELC) PART 2 Requirements , Section VI. Scope of Contract 6.2 The ―Invitation for Prequalification‖ issued by the Employer is not part of Procurement of Works ADB Standard Bidding Document the Prequalification Document. 6.3 The Employer accepts no responsibility for the completeness of the Prequalification Document and its addenda unless they were obtained directly from the Employer. 6.4 The Applicant is expected to examine all instructions, forms, and terms in the Prequalification Document and to furnish all information or documentation required by the Prequalification Document. 7. Clarification of 7.1 A prospective Applicant requiring any clarification of the Prequalification Prequalification Document shall contact the Employer in writing at the Employer’s Document address indicated in the ADS. The Employer will respond in writing to any request for clarification provided that such request is received no later than fourteen (14) days prior to the deadline for submission of Applications. The Employer shall forward copies of its response to all Applicants who have acquired the Prequalification Document directly from the Employer including a description of the inquiry but without identifying its source. Should the Employer deem it necessary to amend the Prequalification Document as a result of a request for clarification, it shall do so following the procedure under ITA Clause 8 and in accordance with the provisions of Sub-Clause 17.2. 8. Amendment of 8.1 At any time prior to the deadline for submission of Applications, the Prequalification Employer may amend the Prequalification Document by issuing Document addenda. 8.2 Any addendum issued shall be part of the Prequalification Document and shall be communicated in writing to all who have obtained the Prequalification Document directly from the Employer. 8.3 To give prospective Applicants reasonable time in which to take an addendum into account in preparing their Applications, the Employer may, at its discretion, extend the deadline for the submission of applications. C. Preparation of Applications 9. Cost of 9.1 The Applicant shall bear all costs associated with the preparation and Applications submission of its application, and the Employer shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the prequalification process. 10. Language of 10.1 The application, as well as all correspondence and documents relating Application to the prequalification exchanged by the Applicant and the Employer, shall be written in the English language. Supporting documents and printed literature that are part of the application may be in another language, provided they are accompanied by an accurate translation of the relevant passages into the English language, in which case, for purposes of interpretation of the application, the translation shall govern. 11. Documents 11.1 The Application shall comprise the following: Comprising the Procurement of Works ADB Standard Bidding Document Application (a)Application Submission Sheet, in accordance with ITA Clause 12; (b)written confirmation authorizing the signatory of the application to commit the Applicant, in accordance with ITA Sub-Clause 15.3; (c) documentary evidence establishing the Applicant’s eligibility to prequalify, in accordance with ITA Clause 13; (d)documentary evidence establishing the Applicant’s qualifications, in accordance with ITA Clause 14; and (e)any other document required as specified in the ADS. 12. Application 12.1 The Applicant shall prepare an Application Submission Sheet using the Submission form furnished in Section IV, Application Forms. This form must be Sheet completed without any alteration to its format. 13. Documents 13.1 To establish its eligibility in accordance with ITA Clause 4, the Applicant Establishing shall complete the eligibility declarations in the Application Submission the Eligibility of Sheet and Forms ELI 1.1 and 1.2, included in Section IV, Application the Applicant Forms. 14. Documents 14.1 To establish its qualifications to perform the contract in accordance with Establishing Section III, Qualification Criteria, the Applicant shall provide the the information requested in the corresponding Information Sheets included Qualifica-tions in Section IV, Application Forms. of the Applicant 15. Signing of the 15.1 The Applicant shall prepare one original of the documents comprising Application and the application as described in ITA Clause 11 and clearly mark it Number of ―ORIGINAL‖. The original of the application shall be typed or written Copies in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Applicant. 15.2 The Applicant shall submit copies of the signed original application, in the number specified in the ADS, and clearly mark them ―COPY‖. In the event of any discrepancy between the original and the copies, the original shall prevail. 15.3 The requirements regarding the legal instrument evidencing the authorization to represent and sign on behalf of the Applicant shall be as specified in the ADS. Applications submitted by an existing or intended JV shall include an undertaking signed by all partners (a)stating that all partners shall be jointly and severally liable, and (b)nominating a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the prequalification process and, in the event the JV is prequalified, during the bidding process, and in the event the JV is awarded the Contract, during contract execution. D. Submission of Applications 16. Sealing and 16.1 The Applicant shall enclose the original and the copies of the Marking of Procurement of Works ADB Standard Bidding Document Applications application in a sealed envelope which shall (a) bear the name and address of the Applicant; (b) be addressed to the Employer, in accordance with ITA 17.1; and (c) bear the specific identification of this prequalification process indicated in the ADS 1.1. 16.2 If the envelope is not sealed and marked as required, the Employer will assume no responsibility for the misplacement of the application. 17. Deadline for 17.1 Applications shall be received by the Employer at the address and no Submission of later than the deadline indicated in the ADS. Applications 17.2 The Employer may, at its discretion, extend the deadline for the submission of Applications by amending the Prequalification Document in accordance with ITA Clause 8, in which case all rights and obligations of the Employer and the Applicants subject to the previous deadline shall thereafter be subject to the deadline as extended. 18. Late 18.1 The Employer reserves the right to accept or reject late Applications. Applications 19. Opening of 19.1 The Employer shall prepare a record of the opening of Applications that Applications shall include, as a minimum, the name of the Applicant. A copy of the record shall be distributed to all Applicants. E. Evaluation of Applications 20. Confidentiality 20.1 Information relating to the evaluation of Applications, and recommendation for prequalification, shall not be disclosed to Applicants or any other persons not officially concerned with such process until the notification of prequalification is made to all Applicants. 20.2 From the deadline for submission of Applications to the time of notification of the results of the prequalification in accordance with ITA Clause 28, if any Applicant wishes to contact the Employer on any matter related to the prequalification process, it may do so in writing. 21. Clarification of 21.1 To assist in the evaluation of Applications, the Employer may, at its Applications discretion, ask any Applicant for a clarification of its application which shall be submitted within a stated reasonable period of time. Any request for clarification and all clarifications shall be in writing. 21.2 If an Applicant does not provide clarifications of the information requested by the date and time set in the Employer’s request for clarification, its Application may be rejected. 22. Responsive-ne22.1 The Employer may reject any Application which is not responsive to the ss of requirements of the Prequalification Document. Applications Procurement of Works ADB Standard Bidding Document 23. Margin of 23.1 If so indicated in the ADS, a margin of preference shall apply in the Preference bidding process resulting from this prequalification. 24. Subcontractors 24.1 Applicants shall state in the Application Submission Sheet whether they intend to subcontract parts or elements of the Works. 24.2 If an Applicant intends to subcontract any of the key activities listed in Section III, Qualification Criteria, Criteria 4.2(b), then such key activities and the proposed subcontractors (Specialist Subcontractors) shall be clearly identified in Section IV, Application Forms, Forms ELI-1.2 and EXP-4.2(b). Such Specialist Subcontractor(s) shall meet the corresponding qualification requirements specified in Section III, Qualification Criteria. At the time of bidding, the Bidder shall use in its bid only Specialist Subcontractor(s) prequalified during the prequalification exercise. 24.3 Unless otherwise specified in the ADS, the Employer does not intend to execute certain specific parts of the Works by subcontractors selected in advance by the Employer (Nominated Subcontractors). F. Prequalification of Applicants 25. Evaluation of 25.1 The Employer shall use the criteria and methods defined in Section III, Applications Qualification Criteria to evaluate the qualifications of the Applicants and proposed subcontractors. 25.2 Only the qualifications of proposed subcontractors that have been identified in the Application pursuant to ITA 24.2 will be considered in the evaluation of an Applicant. However, the general experience and financial resources of subcontractors may not be added to those of the Applicant for purposes of prequalification of the Applicant. 25.3 Unless otherwise indicated in the ADS, this prequalification shall be for a single contract. 26. Employer’s 26.1 The Employer reserves the right to accept or reject any Application, and Right to Accept to annul the prequalification process and reject all applications at any or Reject time, without thereby incurring any liability to Applicants Applications 27. Prequalification 27.1 All Applicants, including their proposed subcontractors, whose of Applicants applications have been determined to be substantially responsive to the requirements of the Prequalification Document and who have met or exceeded the specified criteria shall be prequalified by the Employer. 28. Notification of 28.1 Once the Employer has completed the evaluation of the Applications it Prequalification shall notify all Applicants in writing of the names of those applicants who have been prequalified. Procurement of Works ADB Standard Bidding Document 29. Invitation to Bid 29.1 Promptly after the notification of the results of the prequalification, the Employer shall invite bids from all the Applicants that have been prequalified. 29.2 Bidders may be required to provide bid security in the form of a demand guarantee or other security acceptable to the Employer for an amount as specified in the bidding document. 29.3 A qualified firm or a member of a qualified joint venture may participate in only one bid for the contract. If a firm submits more than one bid, singly or in joint venture, all bids including that firm will be rejected. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one bid. 30. Changes in 30.1 Any change in the qualification status of an Applicant after being Qualifications prequalified in accordance with ITA Clause 27 shall be subject to the of Applicants written approval of the Employer. Any such change shall be submitted to the Employer not later than fourteen (14) days after the date of the Invitation to Bid. Such approval shall be denied if as a consequence of any change, (a) the prequalified Applicant, after the change, no longer substantially meets the qualification criteria set forth in Section III, Qualification Criteria; or (b) a new partner that had not been prequalified as an Applicant or a Specialist Subcontractor as per ITA 24.2 is added to a prequalified Applicant. Procurement of Works ADB Standard Bidding Document Section 2 - Bid Data Sheet This section consists of provisions that are specific to each procurement and supplement the information or requirements included in Section I. Instructions to Bidders. A. Introduction ITB 1.1 The number of the Invitation for Bids is : ITB 1.1 The Employer is: ITB 1.1 The name of the ICB is: The identification number of the ICB is: The number and identification of lots comprising this ICB is: ITB 2.1 The Borrower is: ITB 2.1 The name of the Project is: B. Bidding Documents ITB 7.1 For clarification purposes only, the Employer’s address is: Attention: Street Address: Floor/Room number: City: ZIP Code: Country: Telephone: Facsimile number: Electronic mail address: ITB 7.4 A Pre-Bid meeting . . . . . . . . . take place. A site visit conducted by the Employer . . . . . . . be organized C. Preparation of Bids Procurement of Works ADB Standard Bidding Document ITB 10.1 The language of the bid is: ITB 11.1 (h) The Bidder shall submit with its bid the following additional documents: ITB 13.1 Alternative bids . . . . . . . . . . be permitted. ITB 13.2 Alternative times for completion . . . . . . . . . be permitted. If alternative times for completion are permitted, the evaluation method will be as specified in Section 3 (Evaluation and Qualification Criteria). ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works: If alternative technical solutions are permitted, the evaluation method will be as specified in Section 3 (Evaluation and Qualification Criteria). ITB 14.5 The prices quoted by the Bidder shall be : ITB 15.1 The unit rates and the prices shall be quoted by the bidder entirely in: ITB 15.4 The rates of exchange shall be the selling rates 28 days prior to the deadline for submission of bids published by: ITB 18.1 The bid validity period shall be . . . . . . . . days. ITB 19.1 A Bid Security/Bid-Securing Declaration . . . . . . . . . be required. If a bid security is required, the amount and currency of the bid security shall be: ITB 20.1 In addition to the original of the bid, the number of copies is: ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall consist of: D. Submission and Opening of Bids Procurement of Works ADB Standard Bidding Document ITB 22.1 For bid submission purposes only, the Employer’s address is: Attention: Street Address: Floor/Room number: City: ZIP Code: Country: The deadline for bid submission is: Date: Time: ITB 22.1 Electronic bid submission . . . . . . permitted. If electronic bid submission is permitted bidders shall follow the following electronic bid submission procedure: ITB 25.1 The bid opening shall take place at: Street Address: Floor/Room number: City: Country: Date: Time: ITB 25.1 Electronic bid opening procedure shall be as follows: ITB 25.3 The Letter of Bid and Bill of Quantities . . . . . . . . be initialed by representatives of the Employer attending Bid opening. E. Evaluation and Comparison of Bids The currency that shall be used for bid evaluation and comparison purposes to ITB 32.1 convert all bid prices expressed in various currencies into a single currency is: The source of exchange rate shall be: The date for the exchange rate shall be: A margin of preference . . . . . . . . apply. ITB 33.1 If a margin of preference applies insert ―The application methodology shall be as stipulated in Section 3 (Evaluation and Qualification Criteria). Procurement of Works ADB Standard Bidding Document Section 3 - Evaluation and Qualification Criteria - Following Prequalification - This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In accordance with ITB 34 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms). Table of Criteria 1. Evaluation ........................................................................................................................ 2 1.1 Adequacy of Technical Proposal.............................................. 错误！未定义签。2 1.2 Multiple Contracts ................................................................... 错误！未定义书签。2 1.3 Completion Time...................................................................... 错误！未定义书签。2 1.4 Technical Alternatives .............................................................. 错误！未定义书签。2 2. Qualification ..................................................................................................................... 3 2.1 Financial Resources .................................................................................................... 3 2.2 Personnel ..................................................................................................................... 3 2.3 Equipment ................................................................................................................... 3 2.4 Updating of Information............................................................................................. 3 Procurement of Works ADB Standard Bidding Document 1. Evaluation In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria shall apply: 1.1 Adequacy of Technical Proposal Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section 6 (Employer's Requirements). 1.2 Multiple Contracts Pursuant to Sub-Clause 34.4 of the Instructions to Bidders, if Works are grouped in multiple contracts, evaluation will be as follows: 1.3 Completion Time An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows: 1.4 Technical Alternatives Technical alternatives , if permitted under ITB 13.4, will be evaluated as follows: 1.5 Domestic Preference If a margin of preference shall apply under ITB 33.1, the procedure will be as follows as: Procurement of Works ADB Standard Bidding Document 2. Qualification 2.1 Financial Resources Using the relevant Forms in Section 4 (Bidding Forms) the Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (a) the following cash-flow requirement: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (b) the overall cash flow requirements for this contract and his current works commitment. 2.2 Personnel The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements: Total Work Experience In No. Position Experience [years] Similar Work [years] 1 2 3 4 5 The Bidder shall provide details of the proposed personnel and their experience records in the relevant Information Forms included in Section 4 (Bidding Forms). 2.3 Equipment The Bidder must demonstrate that it has the key equipment listed hereafter: No. Equipment Type and Characteristics Min. Number Required 1 2 3 4 5 The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section 4 (Bidding Forms) 2.4 Updating of Information The Bidder shall continue to meet the criteria used at the time of prequalification. Updating and reassessment of the following information which was previously considered during prequalification will be required: (a) Eligibility (b) Pending Litigation (c) Financial Situation Procurement of Works ADB Standard Bidding Document The Bidder shall provide updated details for the above by using the relevant forms included in Section 4 (Bidding Forms). Procurement of Works ADB Standard Bidding Document Section 4 - Bidding Forms - Following Prequalification - This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid. Table of Forms Letter of Bid .................................................................................................................................. 4-1 Schedules ...................................................................................................................................... 4-3 Schedule of Payment Currencies .................................................................................. 4-3 Tables of Adjustment Data............................................................................................ 4-4 Bid Security ................................................................................................................................... 4-5 Bid Securing Declaration ............................................................................................................... 4-7 Bill of Quantities ........................................................................................................................... 4-7 Current Contract Commitments / Works in Progress ...................................................................... 4-8 Financial Resources ....................................................................................................................... 4-9 Technical Proposal .......................................................................................................................4-10 Personnel ................................................................................................................... 4-11 Form PER – 1: Proposed Personnel .................................................................. 4-11 Form PER – 2: Resume of Proposed Personnel ............................................. 4-12 Equipment .................................................................................................................. 4-13 Site Organization ........................................................................................................ 4-14 Method Statement ...................................................................................................... 4-15 Mobilization Schedule ................................................................................................ 4-16 Construction Schedule ................................................................................................ 4-17 Updating of Bidder’s Qualification ...............................................................................................4-18 Form ELI - 1: Bidder Information Sheet ................................................................ 4-19 Form ELI - 2: JV Information Sheet ....................................................................... 4-20 Form LIT - 1: Pending Litigation ............................................................................ 4-21 Form FIN - 1: Financial Situation ........................................................................... 4-22 Form FIN - 2: Average Annual Construction Turnover.......................................... 4-23 Procurement of Works ADB Standard Bidding Document Letter of Bid Date: ............................................... ICB No.: ............................................... Invitation for Bid No.: ............................................... To: ...................................................................................................................................................... We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in accordance with Instructions to Bidders (ITB) 8; (b) We offer to execute in conformity with the Bidding Documents the following Works: (c) The total price of our Bid, excluding any discounts offered in item (d) below is: (d) The discounts offered and the methodology for their application are: (e) Our bid shall be valid for a period of . . . . . days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (f) If our bid is accepted, we commit to obtain a performance security in accordance with the Bidding Documents; (g) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from eligible countries [insert the nationality of the Bidder, including that of all parties that comprise the Bidder if the Bidder is a consortium or association, and the nationality of each Subcontractor and Supplier]; (h) We, including any subcontractors or suppliers for any part of the contract, do not have any conflict of interest in accordance with ITB 4.3; (i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding process in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB 13; (j) Our firm, its affiliates or subsidiaries, including including any Subcontractors or Suppliers for any part of the contract, has not been declared ineligible by ADB, under the Employer’s country laws or official regulations or by an act of compliance with a decision of the United Nations Security Council; Procurement of Works ADB Standard Bidding Document (k) We are not a government owned entity / We are a government owned entity but meet the requirements of ITB 4.5; * (l) We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process or execution of the Contract: [If none has been paid or is to be paid, indicate ―none.‖] Name of Recipient Address Reason Amount ....................................... ...................................... .............................. ..................... ....................................... ...................................... .............................. .................... . (m) We understand that this bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed; and (n) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive. Name .......................................................................................................................................... In the capacity of ......................................................................................................................... Signed ......................................................................................................................................... Duly authorized to sign the Bid for and on behalf of ...................................................................... Date ........................................................................................................................................................ * Use one of the two options as appropriate ** If none has been paid or is to be paid, indicate “none” Procurement of Works ADB Standard Bidding Document Schedules Schedule of Payment Currencies For ...........................insert name of Section of the Works ........................... Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will have substantially different foreign and local currency requirements. The Employer should insert the names of each Section of the Works. A B C D Percentage of Rate of Net Bid Price (NBP) Local Currency Equivalent Exchange Name of Payment Amount of Currency Currency 100xC to Local C = A x B Currency NBP Local currency 1.00 Foreign Currency #1 Foreign Currency #2 Foreign Currency #3 Net Bid Price 100.00 Provisional Sums Expressed in Local 1.00 Currency BID PRICE Procurement of Works ADB Standard Bidding Document Tables of Adjustment Data Table A - Local Currency Bidder’s Bidder’s Index Base Value Index Description Source of Index Local Currency Proposed Code and Date Amount Weighting Nonadjustable — — — A: B: C: D: E: Total 1.00 Table B - Foreign Currency Name of Currency: ......................................................................................... If the Bidder wishes to quote in more than one foreign currency, this table should be repeated for each foreign currency. Bidder’s Bidder’s Source of Base Value Equivalent in Index Code Index Description Currency in Proposed Index and Date FC1 Type/Amount Weighting Nonadjustable — — — A: B: C: D: E: Total 1.00 Procurement of Works ADB Standard Bidding Document Form of Bid Security Bank Guarantee ............................................................ Bank’s Name, and Address of Issuing Branch or Office .................................. Beneficiary: ................................ Name and Address of Employer ............................................ Date: ............................................................................................................................................................................................................................ Bid Security No.: ............................................................................................................................................................................................. We have been informed that . . . . . name of the Bidder. . . . . (hereinafter called "the Bidder") has submitted to you its bid dated . . . . . . . . . (hereinafter called "the Bid") for the execution of . . . . . . . . name of contract . . . . . . . under Invitation for Bids No. . . . . . . . . . (―the IFB‖). Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee. At the request of the Bidder, we . . . . . name of Bank. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . . . . . .amount in . . . . . . . . . (. . . . . . .amount in words . . . . . . . ) upon receipt by us of your first demand figures in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder: (a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or (b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter ―the ITB‖) of the IFB; or (c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the performance security, in accordance with the ITB. This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the Contract Agreement signed by the Bidder and the performance security issued to you upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s bid. Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. . . . . . . . . . . . .Bank’s seal and authorized signature(s) . . . . . . . . . . Note: All italicized text is for use in preparing this form and shall be deleted from the final product Procurement of Works ADB Standard Bidding Document Form of Bid-Securing Declaration Date: [insert date (as day, month and year)] Bid No.: [insert number of bidding process] Alternative No.: [insert identification No if this is a Bid for an alternative] To: [insert complete name of Employer] We, the undersigned, declare that: We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration. We accept that we will automatically be suspended from being eligible for bidding in any contract with the Borrower for the period of time of [insert number of months or years] starting on [insert date], if we are in breach of our obligation(s) under the bid conditions, because we: (a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or (b) having been notified of the acceptance of our Bid by the Employer during the period of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance with the ITB. We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid. Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration] Name: [insert complete name of person signing the Bid-Securing Declaration] Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on ____________ day of __________________, _______ [insert date of signing] Corporate Seal (where appropriate) [Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to the Joint Venture that submits the bid.] Procurement of Works ADB Standard Bidding Document Bill of Quantities Procurement of Works ADB Standard Bidding Document Current Contract Commitments / Works in Progress Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued. Value of Average Monthly Estimated NoOutstanding Work Invoicing Over Last Six Employer’s Completion Name of Contract [Current Months Contact Address, Tel, Fax . Date US$ Equivalent] [US$/month)] 1 2 3 4 5 Procurement of Works ADB Standard Bidding Document Financial Resources Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as indicated in Section 3 (Evaluation and Qualification Criteria) No. Source of financing Amount (US$ equivalent) 1 2 3 Procurement of Works ADB Standard Bidding Document Technical Proposal Personnel Equipment Site Organization Method Statement Mobilization Schedule Construction Schedule Others Procurement of Works ADB Standard Bidding Document Personnel Form PER – 1: Proposed Personnel Bidders should provide the names of suitably qualified personnel to meet the specified requirements stated in Section 3 (Evaluation and Qualification Criteria). The data on their experience should be supplied using the Form below for each candidate. Title of position* 1. Name Title of position* 2. Name Title of position* 3. Name Title of position* 4. Name *As listed in Section 3 (Evaluation and Qualification Criteria). Procurement of Works ADB Standard Bidding Document Form PER – 2: Resume of Proposed Personnel Position Personnel Name Date of birth information Professional qualifications Present Name of employer employment Address of employer Telephone Contact (manager / personnel officer) Fax E-mail Job title Years with present employer Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project. From To Company / Project / Position / Relevant technical and management experience Procurement of Works ADB Standard Bidding Document Equipment The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment listed in Section 3 (Evaluation and Qualification Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder. Item of Equipment Name of manufacturer Model and power rating Equipment Information Capacity Year of manufacture Current location Current Status Details of current commitments Indicate source of the equipment Source Owned Rented Leased Specially manufactured Omit the following information for equipment owned by the Bidder. Name of owner Owner Address of owner Telephone Contact name and title Fax Telex Details of rental / lease / manufacture agreements specific to the project Agreements Procurement of Works ADB Standard Bidding Document Site Organization Procurement of Works ADB Standard Bidding Document Method Statement Procurement of Works ADB Standard Bidding Document Mobilization Schedule Procurement of Works ADB Standard Bidding Document Construction Schedule Procurement of Works ADB Standard Bidding Document Updating of Bidder’s Qualification The Bidder shall update the information given during the corresponding prequalification exercise to demonstrate that he continues to meet the criteria used at the time of prequalification regarding (a)Eligibility (b) Pending Litigation (c)Financial Situation For this purpose, the Bidder shall use the relevant forms included in this Section. Procurement of Works ADB Standard Bidding Document Form ELI - 1: Bidder Information Sheet Bidder’s legal name In case of JV, legal name of each partner Bidder’s country of constitution Bidder’s year of constitution Bidder’s legal address in country of constitution Bidder’s authorized representative (name, address, telephone numbers, fax numbers, e-mail address) Attached are copies of the following original documents. ， 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and 4.2. ， 2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2. ， 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1. ， 4. In case of a government-owned entity, any additional documents not covered under 1 above required to comply with ITB 4.5. Procurement of Works ADB Standard Bidding Document Form ELI - 2: JV Information Sheet Each member of a JV must fill in this form Bidder’s legal name JV Partner’s or Subcontractor’s legal name JV Partner’s or Subcontractor’s country of constitution JV Partner’s or Subcontractor’s year of constitution JV Partner’s or Subcontractor’s legal address in country of constitution JV Partner’s or Subcontractor’s authorized representative information (name, address, telephone numbers, fax numbers, e-mail address) Attached are copies of the following original documents. ， 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and 4.2. ， 2. Authorization to represent the firm named above, in accordance with ITB 20.2. ， 3. In the case of government-owned entity, documents establishing legal and financial autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 4.5. Procurement of Works ADB Standard Bidding Document Form LIT - 1: Pending Litigation Each Bidder or member of a JV must fill in this form ， No pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria) ， Pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria) Value of Value of Pending Pending Year Matter in Dispute Claim in Claim as a US$ EquivalePercentage of nt Net Worth Procurement of Works ADB Standard Bidding Document Form FIN - 1: Financial Situation Each Bidder or member of a JV must fill in this form Year 1: Year 2: Year 3: Information from Balance Sheet Total Assets Total Liabilities Net Worth Current Assets Current Liabilities Information from Income Statement Total Revenues Profits Before Taxes Profits After Taxes ， Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last three years, as indicated above, complying with the following conditions. , All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies. , Historic financial statements must be audited by a certified accountant. , Historic financial statements must be complete, including all notes to the financial statements. , Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted). Procurement of Works ADB Standard Bidding Document Form FIN - 2: Average Annual Construction Turnover Each Bidder or member of a JV must fill in this form Amount Exchange US$ Year Currency Rate Equivalent Average Annual Construction Turnover The information supplied should be the Annual Turnover of the Bidder or each member of a JV in terms of the amounts billed to clients for each year for work in progress or completed, converted to US Dollars at the rate of exchange at the end of the period reported. Procurement of Works ADB Standard Bidding Document Section 5 - Eligible Countries This section contains the list of eligible countries. Procurement of Works ADB Standard Bidding Document Section 6 - Employer’s Requirements This Section contains the Specification, the Drawings, and supplementary information that describe the Works to be procured. Table of Contents Specification ...................................................................................................................... 2 Drawings ........................................................................................................................... 3 Supplementary Information ............................................................................................. 4 Procurement of Works ADB Standard Bidding Document Specification Procurement of Works ADB Standard Bidding Document Drawings Procurement of Works ADB Standard Bidding Document Supplementary Information Procurement of Works ADB Standard Bidding Document Section 7 - General Conditions of Contract The General Conditions that follow are the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, Multilateral Development Bank Harmonized Edition March 2006, prepared by the Fédération Internationale des Ingénieurs-Conseil, or FIDIC (FIDIC MDB version 2006). This publication is exclusive for the use of ADB Borrowers and their project implementing agencies as provided under the License Agreement dated June 9th, 2005, between the ADB and FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC, except by the Employer identified above and only for the exclusive purpose of preparing bidding documents for ADB financed contracts. By virtue of a license agreement subscribed between ADB and FIDIC, ADB’s Borrowers and their implementing agencies are authorized the reproduction and translation of the Bank Harmonized Edition of FIDIC’s General Conditions of Contract for Construction for the exclusive purpose of preparing bidding documents in accordance with the SBD Works. Therefore, Borrowers and their implementing agencies shall abstain from making any use of the Harmonized Edition of FIDIC’s General Conditions of Contract, distinct from the use indicated herein. The standard text of the General Conditions chosen must be retained intact to facilitate its reading and interpretation by Bidders and its review by the Bank. Any amendments and additions to the GCC, specific to the contract in hand, should be introduced in Section 8 (Particular Conditions of Contract), Part A (Contract Data) and Part B (Special Provisions). Clause numbers in the PCC correspond to those in the GCC. As per GCC 1.5 (Priority of Documents), the PCC take precedence over the GCC. Part A (Contract Data) of the PCC, includes data to complement the GCC in a manner similar to the way in which the Bid Data Sheet (BDS) complements the Instructions to Bidders (ITB). Part B (Specific Provisions) is intended to be used to introduce country or project specific provisions if so required. Whoever drafts the Specific Provisions should be thoroughly familiar with the provisions of the GCC and with any specific requirements of the Contract. Legal advice is recommended when amending provisions or drafting new ones. The Conditions of Contract have been prepared for an ad measurement (unit price or unit rate) type of contract and cannot be used for other types of contract. Procurement of Works ADB Standard Bidding Document Section 8 - Particular Conditions of Contract The following Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. Part A - Contract Data Conditions Ref. GCC Data Employer’s name and address 1.1.2.2 & 1.3 [ ... insert Employer’s name and address ... ] Engineer’s name and address 1.1.2.4 & 1.3 [ ... insert Engineer’s name and address ... ] Bank’s name 1.1.2.11 Asian Development Bank (ADB) Borrower’s name 1.1.2.12 [ ... insert Borrower’s name ... ] Time for Completion 1.1.3.3 . . . . . days [ ... insert the time for completion of the whole of the Works and also the time for completion of sections, if applicable. If times (or dates) are to be specified for various sections of the Works, they should be listed here ... ] Defects Notification Period 1.1.3.7 365 days. Sections 1.1.5.6 [If sections are used, refer to table Summary of Sections of the Works given below] Electronic transmission systems 1.3 [ ... insert Electronic transmission systems... ] Governing Law 1.4 [ ... insert: "The law of name Borrower’s country ... ] Ruling language 1.4 English Language for communications 1.4 English Time for access to the Site 2.1 days after Commencement Date Engineer’s Duties and Authority 3.1(b)(ii) Variations resulting in an increase of the Accepted Contract Amount in excess of____% shall require approval of the Employer. Performance Security 4.2 The performance security will be in the form of an unconditional bank guarantee in the amount(s) of [insert related figure(s)] percent of the Contract Price.] Normal working hours 6.5 Delay damages for the Works 8.7 & 14.15(b) % of the final Contract Price per day, in the currencies and proportions in which the Contract Price is payable. Maximum amount of delay damages 8.7 ______% of the final Contract Price. Provisional Sums 13.5.(b)(ii) _______% [If there are Provisional Sums, insert a percentage for adjustment of Provisional Sums] Procurement of Works ADB Standard Bidding Document Adjustments for Changes in Cost; 13.8 Period ―n‖ applicable to the adjustment multiplier ―Pn‖: Table(s) of Adjustment Data __________ [Insert the period if different from one (1) month; if period “n” is one (1) month, insert “not applicable‖] Total advance payment 14.2 % Percentage of the Accepted Contract Amount payable in the currencies and proportions in which the Accepted Contract Amount is payable [Insert number and timing of installments if applicable] Repayment amortization of advance 14.2(b) _______% payment Percentage of Retention 14.3 _______% Limit of Retention Money 14.3 _______% of the Accepted Contract Amount Plant and Materials 14.5(b)(i) If Sub-Clause 14.5 applies: Plant and Materials for payment when shipped en route to the Site ______________[list]. 14.5(c)(i) Plant and Materials for payment when delivered to the Site ___________________[list]. Minimum Amount of Interim Payment 14.6 % of the Accepted Contract Amount. Certificates Maximum total liability of the Contractor to the Employer 17.6 [Select one of the two options below as appropriate] The product of_____________[insert a multiplier less or greater than one] times the Accepted Contract Amount, or _____________[insert amount of the maximum total liability] Periods for submission of insurance: 18.1 [Insert period for submission of evidence of insurance and policy. Period may be from 14 days to 28 days.] _____days a. evidence of insurance. _____days b. relevant policies Maximum amount of deductibles for 18.2(d) [insert maximum amount of deductibles] insurance of the Employer's risks Minimum amount of third party 18.3 [insert minimum amount of third party insurance insurance] Date by which the DAB shall be appointed 20.2 28 days after the Commencement The DAB shall be comprised of 20.2 insert either "One sole Member" or "Three Members" List of potential DB sole members 20.2 [Only when the DB is to be comprised of one sole member, list names of potential sole members; if no potential sole members are to be included, insert: ―none‖] Appointment (if not agreed) to be 20.3 [Insert name of the appointing entity or official] made by Summary of Sections of the Works Section Name/Description Time for Completion Damages for Delay (Sub-Clause 1.1.5.6) (Sub-Clause 1.1.3.3) (Sub-Clause 8.7) Procurement of Works ADB Standard Bidding Document Procurement of Works ADB Standard Bidding Document Section 9 - Contract Forms This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award. Table of Forms Letter of Acceptance ........................................................................ 2 Contract Agreement ............................................................................................................ 7 Performance Security.......................................................................................................... 8 Advance Payment Security ............................................................................................... 10 Procurement of Works ADB Standard Bidding Document Letter of Acceptance [on letterhead paper of the Employer] . . . . . . . date. . . . . . . To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . . Subject: . . . . . . . . . . Notification of Award Contract No. . . . . . . . . . . This is to notify you that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of . . . . . . . . . . for the Accepted the contract and identification number, as given in the Contract Data Contract Amount of the equivalent of . . . . . . . . .amount in numbers and words and name of . . . . . . . . ., as corrected and modified in accordance with the Instructions to Bidders is currency hereby accepted by our Agency. You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose the of the Performance Security Form included in Section 9 (Contract Forms) of the Bidding Document. Authorized Signature: ..................................................................... Name and Title of Signatory: .......................................................... Name of Agency: ............................................................................ Attachment: Contract Agreement Procurement of Works ADB Standard Bidding Document Contract Agreement THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . name of the Employer. . . . .. . . . . (hereinafter ―the Employer‖), of the one part, and . . . . . name of the Contractor. . . . .(hereinafter ―the Contractor‖), of the other part: WHEREAS the Employer desires that the Works known as . . . . . name of the . . . . .should be executed by the Contractor, and has accepted a Bid by the Contractor Contract for the execution and completion of these Works and the remedying of any defects therein, The Employer and the Contractor agree as follows: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents. - the Letter of Acceptance - the Letter of Bid - the Addenda Nos . . . . . insert addenda numbers if any. . . . . - the Particular Conditions - the General Conditions; - the Specification - the Drawings; and - the completed Schedules, 3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of . . . . . name of the borrowing . . . . .on the day, month and year indicated above. country Signed by ...................................................... Signed by .......................................................... for and on behalf of the Employer for and on behalf the Contractor in the presence of in the presence of Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date Procurement of Works ADB Standard Bidding Document Performance Security .................................. Bank’s Name, and Address of Issuing Branch or Office.................................. Beneficiary: ................................ Name and Address of Employer ............................................ Date: ............................................................................................................................. Performance Guarantee No.: ........................................................................................... We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief description of . . . . . (hereinafter called "the Contract"). Works Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required. At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . name of the currency and . . . . . . (. . . . . amount in words. . . . . ) such sum being payable in the types and amount in figures* proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein. This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . **, and any demand for payment under it must be received by us at this office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal of Bank and Signature(s) Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document. * The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer. ** Insert the date twenty-eight days after the expected completion date. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such Procurement of Works ADB Standard Bidding Document extension, such request to be presented to the Guarantor before the expiry of the guarantee.” Procurement of Works ADB Standard Bidding Document Advance Payment Security .................................. Bank’s Name, and Address of Issuing Branch or Office.................................. Beneficiary: ................................ Name and Address of Employer ............................................ Date: ............................................................................................................................. Advance Payment Guarantee No.: .................................................................................... We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief description of . . . . . (hereinafter called "the Contract"). Works Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . . name of the currency and amount in figures*. . . . . . (. . . . . amount in . . . . . ) is to be made against an advance payment guarantee. words At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . name of the currency and . . . . . . (. . . . . amount in words. . . . . ) upon receipt by us of your first demand in amount in figures* writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number . . . . . Contractor’s account number. . . . . at . . . . . name and address of the Bank. . . . . . The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the . . . day of . . . . . . . , . . . . .**, whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal of Bank and Signature(s) Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document. * The Guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer. ** Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider Procurement of Works ADB Standard Bidding Document adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.” Procurement of Works ADB Standard Bidding Document