Standard Tender DocumentsEBRD.doc

Standard Tender DocumentsProcurement of Worksab0cdUser GuideAugust 2010PREFACEThese Standard Tender Documents and Users Guide have been prepared by the European Bank for Reconstruction and Development (EBRD) for the procurement of works through open tendering in compliance with the EBRD Procurement Policies and Rules for projects that are financed in whole or in part by the EBRD.These Standard Tender Documents are derived from the Master Document for Procurement of Works prepared by the Multilateral Development Banks and International Financing Institutions. The procedures and practices presented in them reflect “best practices” by these institutions.Clients or their procurement consultants should complete the documents by entering data specific to the procurement in question in the relevant sections; in some cases, this necessitates a selection from different alternatives presented in the documents. These alternatives are illustrative and not necessarily comprehensive. Other customised provisions may be required in certain cases. When completing the documents, the Clients or their procurement consultants should further consider that as part of its commitment to sustainable development, the EBRD promotes the application of best practice regarding environmental and social matters as stipulated in the EBRDs Environmental and Social Policy and its Performance Requirements. The requirements regarding environmental and social matters, including labour and working conditions, are further detailed in the legal documentation for specific projects and shall be reflected in the completed documents. The following guidelines should be observed:(a)Specific details, such as the “name of the Employer”, “address for tender submission” etc. should be entered where indicated.(b)Boxed guidance notes and provisions in italics font contain instructions and guidance which the drafter should follow. They are not part of the text, and should not be included in the final document.(c)When submitting tender documents to the Bank for review, clients should state whether these Standard Tender Documents & Users Guide have been used. If so, the client should:i. inform which contract form has been used i.e. the FIDIC-MDB Harmonised Edition of the Conditions of Contract for Construction, March 2006, or the FIDIC Conditions of Contract for Construction, 1st edition 1999;ii. confirm that the Instructions to Tenderers and the General Conditions of Contract have been used without change;iii. highlight any proposed changes to the following:· Letter of Tender· Form of Tender Security· Manufacturers Authorisation· Letter of Acceptance· Contract Agreement· Performance Security· Bank Guarantee for Advanced Payment;Guidance Notes on using these documents, which appear at the beginning of each volume are for the use of the drafter and must not be included in the tender documents to be issued to potential tenderers.These documents reflect the structure and provisions of the Master Document, except where specific considerations within the EBRD have required a change, and are comprised of the following parts and sections: PART 1 TENDERING PROCEDURESSection I:Instructions to Tenderers (ITT)This Section provides information to help Tenderers prepare their tenders. Information is also provided on the submission, opening, and evaluation of tenders and on the award of Contracts. The text of the clauses in this Section can only be modified, adjusted or supplemented through Section II, Tender Data Sheet. Section II:Tender Data Sheet (TDS)This Section includes provisions, which are specific to each individual procurement, and which modify, adjust or supplement Section I, Instructions to Tenderers.Section III:Evaluation and Qualification CriteriaThis Section specifies the criteria to be used to determine the lowest evaluated tender and the requirements for the tenderers qualification to perform the contract. The criteria for tender evaluation and the methods for applying such criteria in evaluation should be reviewed carefully. It may be appropriate to delete or to modify some of the criteria given in this document, or to use additional criteria. In any event, criteria must be quantified in monetary terms except on rare occasions, where it is not practical.Section IV:Tender FormsThis Section includes the forms which are to be completed by the tenderer and to be submitted as part of its tender.Section V:Eligible CountriesThis Section includes information regarding eligible countries.PART 2 REQUIREMENTSSection VI: This section contains the Specification, the Drawings, and Supplementary information that describe the works to be procured.PART 3 CONDITIONS OF CONTRACT AND CONTRACT FORMSSection VII:General Conditions (GCC)These Standard Tender Documents have been designed for use with the FIDIC Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, 1st edition, 1999. Due to the FIDIC copyrights, these FIDIC Conditions of Contract are not included in these Tender Documents and contain instructions on how these Conditions can be acquired.Section VIII:Particular Conditions of Contract (PCC)This section consists of Part A, Particular Conditions of Contract. The contents of this Section modify or supplement the General Conditions and shall be prepared by the Employer.Section IX:Annex to the PCC - Contract FormsThis 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 tenderer after contract award.ESSENTIAL STEPS OF THE OPEN TENDERING PROCESSThe Instruction to Tenderers included in these Standard Tender Documents is designed for a single stage tendering process with or without prequalification. The following flow chart reflects the essential steps of such tendering process. Months1234567Weeks1234123412341234123412341234General Procurement Notice (GPN) *EBRD (the Bank) 45 days rule*Preparation of Tender Documents (TD)Submission of TD for the Bank's reviewThe Bank's review of the TDBank's no objection to the TDInvitation for Tenders (IFT) *Tenders Preparation Period*Tenders Opening Session (TOS)Minutes of TOS submitted to the BankPreparation of Tender Evaluation Report (TER)Submission of TER to the BankThe Bank's review of the TERBank's no objection to the TERContract finalisation and awardDeliveryContract AdministrationNotes:*GPN is to be published on EBRD website, the Employers own website and official government procurement portal in the Employers country *This period of time is required to enable potential tenderers to express their interest in execution of the works that are advertised in GPN*Advertisement of particular Tendering Exercise on EBRDs website as well as the Employers own website, and official government procurement portal in the Employers country*Period shall not be less than 45 days required to enable tenderers to prepare tenders. This period shall be longer for large and complex works i.e. 60-120 days Not less than 45 days The Invitation for Tenders provides information that enables potential tenderers to decide whether to participate. The Invitation for Tenders must be published not earlier than 45 calendar days after the publication of the General Procurement Notice on the Banks website “Procurement” () as well as the Employers own procurement website and official government procurement portal in the Employers country. Where practical, the Invitation for Tenders shall also be published in a newspaper with wide circulation in the Employers country or in official gazettes or international trade publications, as appropriate. The notice should also be sent to potential contractors that have responded to the General Procurement Notice and to local representatives of potential foreign contractors e.g. commercial attaché of the embassies accredited in the Employers country. Employers should maintain a register of all potential tenderers, who have purchased the tender documents, and make it available to interested parties. The Bank shall also arrange for publication in the United Nations Development Business and in the Official Journal of the European Union.Although the Invitation for Tenders does not form part of the tender documents, it shall be submitted to the Bank as part thereof for review and no objection. The information in the Invitation for Tenders must be consistent with, and reflect the information provided by, the tender documents. Apart from the essential items listed in the Standard Tender Documents, the Invitation for Tenders should also indicate any important tender evaluation criteria and/or qualification requirements (for example, a requirement for a minimum level of experience in execution of the works of the nature and complexity similar to the works for which the Invitation for Tenders is issued).INVITATION FOR TENDERS country project title INVITATION FOR TENDERS works to be procured This Invitation for Tenders follows the General Procurement Notice for this project which was published on the EBRD website, Procurement Notices () on state the date of publication . Name of Employer , hereinafter referred to as “the Employer”, intends using part of the proceeds of a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of insert name of the Project .The Employer now invites sealed tenders from contractors for the following contracts to be funded from part of the proceeds of the loan:· . For each contract include a concise description of the works for each contract, as may be applicable. State size and principal quantities. Provide locations, estimated duration, and advise if any contracts are to be performed concurrently or otherwise separately. Tenders are invited for one or more lots. Each lot must be priced separately. Tenders for more than one lot may offer discounts and such discounts will be considered in the comparison of tenders.Delete the above if tendering process does not involve more than one contract / lot.Only firms and joint ventures that have been pre-qualified for the proposed contract(s) are invited to submit a tender. Where a prequalification process has been conducted prior to the tendering process, tendering shall be open only to pre-qualified tenderers.Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from any country.To be qualified for the award of a contract, tenderers must satisfy the following minimum criteria:· Indicate any particular postqualification requirements, which should be the same criteria set out in the Instructions to Tenderers.Where no prequalification process has been conducted prior to the tendering process, the Invitation for Tenders shall specify the minimum post-qualification criteria that shall be applied by the Employer. Tender documents may be obtained from the office at the address below upon payment of a non-refundable fee of state currency and value or equivalent in a convertible currency. Only a nominal fee should be charged for the tender documents, solely to cover the costs of reproduction and of despatching the documents by courier.Give instructions for payment by bank transfer or the like and requirements for submitting Bank receipt of payment to the Employer . Upon receipt of appropriate evidence of payment of the non-refundable fee, the documents will promptly be dispatched by courier; however, no liability can be accepted for their loss or late delivery. In addition, if requested, the documents can be dispatched electronically after presentation by the prospective tenderer of an appropriate evidence of payment of the non-refundable fee. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail.All tenders must be accompanied by a tender security of . state currency and amount deemed appropriate by the Employer. This should be consistent with paragraph 19.1 of the Instructions to Tenderers (ITT) or its equivalent in a convertible currency.Delete the above if no tender security is required.Tenders must be delivered to the office at the address below on or before . specify time and date of deadline for submission , at which time they will be opened in the presence of those tenderers representatives who choose to attend.The date for submission of tenders shall be not less than 45 days after the date of publication of the Invitation for Tenders or the availability of the tender documents, whichever is the latest. A period of 60 days is normal and preferable. A longer period would be appropriate for complex or large contracts and for tenders requiring a pre-tender meeting or site visit.A register of potential tenderers who have purchased the tender documents may be inspected at the address below.Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office:Contact nameEmployerAddressTel:Fax:Date:_Tender Document forProcurement of WorksProcurement of: Issued on: .Tender No: .Employer: .Country: Tender DocumentTable of ContentsPART 1 Tendering Procedures Section I: Instruction to Tenderers Section II: Tender Data Sheet Section III: Evaluation and Qualification CriteriaSection IV: Tender FormsSection V: Eligible CountriesPART 2 RequirementsSection VI: RequirementsPART 3 Contract FormsSection VII: General Conditions of Contract (GCC)Section VIII: Particular Conditions of Contract (PCC)Section IX: Contract FormsPART 1 Tendering ProceduresSection I. Instruction to Tenderers Table of ClausesA. General1.Scope of Tender12. Source of Funds13. Prohibited Practices14. Eligible Tenderers35. Eligible Goods and Services4B. Contents of Tender Document .6. Sections of Tender Document 57.Clarification of Tender Document, Site Visit, Pre-Tender Meeting68. Amendment of Tender Document 7C. Preparation of Tenders .9. Cost of Tendering