Request
for
Bids
Plant
Design, Supply, and Installation
Two-envelope with Rated Criteria
RFB No:
SZ-ECC-561950-CW-RFB
March 2025
Request for Bids
Eswatini Electricity Company
Procurement of
Design, Supply and Installation of 11kV Auto reclosers (Plant)
For the
Accelerating Sustainable and Clean Energy Access Transformation in Eswatini
Project ID No: P508960
Employer
:
Eswatini Electricity Company
Project:
Accelerating Sustainable and Clean Energy Access Transformation - Eswatini
Contract title
:
Design, Supply and Installation of 11kV Auto reclosers (Plant)
Country:
Kingdom of Eswatini
Loan No. /Credit No. / Grant No.:
7700-SZ
RFB No:
SZ-ECC-561950-CW-RFB
Issued on:
19 August 2026
Standard Procurement Document
Table of Contents
PART 1 - Bidding Procedures. 3
Section I - Instructions to Bidders. 5
Section II - Bid Data Sheet 39
Section III - Evaluation and Qualification Criteria (After prequalification) 49
Section III - Evaluation and Qualification Criteria (Without prequalification) 59
Section IV - Bidding Forms. 77
Section V - Eligible Countries. 151
Section VI - Fraud and Corruption. 153
PART 2 - Employer’s Requirements. 157
Section VII - Employer’s Requirements. 159
PART 3 - Conditions of Contract and Contract Forms. 189
Section VIII - General Conditions of Contract 191
Section IX - Particular Conditions of Contract 291
Section X - Contract Forms. 297
PART 1 - Bidding Procedures
Section I - Instructions to Bidders
Contents
A. General 8
1. Scope of Bid. 8
2. Source of Funds. 9
3. Fraud and Corruption. 9
4. Eligible Bidders. 9
5. Eligible Plant and Installation Services. 12
B. Contents of Bidding Document 12
6. Sections of Bidding Document 12
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting. 13
8. Amendment of Bidding Document 15
C. Preparation of Bids. 15
9. Cost of Bidding. 15
10. Language of Bid. 15
11. Documents Comprising the Bid. 15
12. Letters of Bid and Price Schedules. 17
13. Alternative Bids. 17
14. Documents Establishing the Eligibility of the Plant and Installation Services. 17
15. Documents Establishing the Eligibility and Qualifications of the Bidder 17
16. Documents Establishing the Conformity of the Plant and Installation Services. 18
17. Bid Prices and Discounts. 18
18. Currencies of Bid and Payment 21
19. Period of Validity of Bids. 21
20. Bid Security. 22
21. Format and Signing of Bid. 24
D. Submission of Bids. 24
22. Submission, Sealing and Marking of Bids. 24
23. Deadline for Submission of Bids. 25
24. Late Bids. 25
25. Withdrawal, Substitution, and Modification of Bids. 25
E. Public Opening of Technical Parts of Bids. 26
26. Public Opening of Technical Parts of Bids. 26
F. Evaluation of Bids- General Provisions. 27
27. Confidentiality. 27
28. Clarification of Bids. 28
29. Deviations, Reservations, and Omissions. 28
G. Evaluation of Technical Part of Bids. 29
30. Determination of Responsiveness of Technical Part 29
31. Eligibility and Qualifications of the Bidder 29
32. Detailed Evaluation of Technical Part 30
H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
33. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
I. Evaluation of Financial Part of Bids. 32
34. Adjustments for Non-material Noconformities. 32
35. Correction of Arithmetic Errors. 32
36. Evaluation Process, Financial Part 32
37. Abnormally Low Bids. 33
38. Unbalanced or Front Loaded Bids. 33
J. Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award. 34
39. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid. 34
40. Employer’s right to Accept Any Bid and to Reject Any or All Bids. 34
41. Standstill Period. 35
42. Notification of Intention to Award. 35
K. Award of Contract 35
43. Award Criteria. 35
44. Notification of Award. 35
45. Debriefing by the Employer 36
46. Signing of Contract 37
47. Performance Security. 37
48. Procurement Related Complaint 38
Section I - Instructions to Bidders
General
Scope of Bid
In connection with the Specific Procurement Notice - Request for Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS , issues this bidding document for the Design, Supply and Installation of Plant as specified in Section VII, Employer’s Requirements. The name, identification, and number of lots (contracts) of this RFB are specified in the BDS.
Throughout this bidding document:
the term "in writing" means communicated in written form (e.g., by mail, e-mail, fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Employer) with proof of receipt;
if the context so requires, "singular" means "plural" and vice versa;
"Day" means calendar day, unless otherwise specified as "Business Day." A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays;
"ES" means environmental and social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH));
"Sexual Exploitation and Abuse" "(SEA)" means the following:
Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
"Sexual Harassment" "(SH)" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’s Personnel.
"Contractor’s Personnel" is as defined in GCC Sub-Clause 1; and
"Employer’s Personnel" is as defined in GCC Sub-Clause 1.
A non-exhaustive list of (i) behaviors which constitute SEA and (ii) behaviors which constitute SH is attached to the Code of Conduct form in Section IV.
Source of Funds
The Borrower or Recipient (hereinafter called "Borrower") indicated in the BDS has applied for or received financing (hereinafter called "funds") from the World Bank (hereinafter called "the Bank") in an amount specified in BDS , toward the project named in BDS . The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this bidding document is issued.
Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, equipment, plant, or materials, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).
Fraud and Corruption
The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI.
In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal submission and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
Eligible Bidders
A Bidder may be a firm that is a private entity, a state-owned enterprise or institution subject to ITB 4.6, or any combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS , there is no limit on the number of members in a JV.
A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:
directly or indirectly controls, is controlled by or is under common control with another Bidder; or
receives or has received any direct or indirect subsidy from another Bidder; or
has the same legal representative as another Bidder; or
has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this Bidding process; or
or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Plant and Installation Services that are the subject of the Bid; or
or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager for the Contract implementation; or
would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.
A firm that is a Bidder (either individually or as a JV member) shall not participate as a Bidder or as JV member in more than one Bid except for permitted alternative Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved. However, this does not limit the participation of a Bidder as subcontractor in another Bid or of a firm as a subcontractor in more than one Bid.
A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including related Services.
A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.
Bidders that are state-owned enterprises or institutions in the Employer’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Employer.
A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid-Securing Declaration or Proposal-Securing Declaration.
Firms and individuals may be ineligible if so indicated in Section V and (a)as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b)by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country. Where the procurement is implemented across jurisdictional boundaries (and more than one country is a Borrower, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.8 (a) above by any country may be applied to that procurement across other countries involved, if the Bank and the Borrowers involved in the procurement agree.
A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.
A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment; (a) relates to fraud or corruption, and (b) followed a judicial or administrative proceeding that afforded the firm adequate due process.
This bidding is open only to prequalified Bidders unless specified in the BDS .
Eligible Plant and Installation Services
The Plant and Installation Services to be supplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, Eligible Countries.
For purposes of ITB 5.1 above, "origin" means the place where the Plant, or component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components.
Contents of Bidding Document
Sections of Bidding Document
The bidding document consists of Parts 1, 2, and 3, which include all the sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.
PART 1. Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Section VI - Fraud and Corruption
PART 2. Employer’s Requirements
Section VII -Employer’s Requirements
PART 3. Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract (GCC)
Section IX -Particular Conditions of Contract (PCC)
Section X -Contract Forms
The Specific Procurement Notice-Request for Bids (RFB) issued by the Employer, or the Notice of Request for Bids (RFB) issued by the Employer to the prequalified Bidders are not part of the bidding document.
Unless obtained directly from the Employer, the Employer is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Employer shall prevail.
The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information or documentation as is required by the bidding document.
Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
A Bidder requiring any clarification of the bidding document shall contact the Employer in writing at the Employer’s address indicated in the BDS or raise his enquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS . The Employer shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS , the Employer shall also promptly publish its response at the web page identified in the BDS . Should the clarification result in changes to the essential elements of the bidding document, the Employer shall amend the bidding document following the procedure under ITB 8 and ITB 23.2.
The Bidder is advised to visit and examine the site where the Plant is to be installed and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the provision of Plant and Installation Services. The costs of visiting the site shall be at the Bidder’s own expense.
The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.
If so specified in the BDS , the Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a site visit. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
The Bidder is requested to submit any questions in writing, to reach the Employer not later than one week before the meeting.
Minutes of the pre-Bid meeting, including the text of the questions raised without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the bidding document in accordance with ITB 6.3. If so specified in the BDS, the Employer shall also promptly publish the Minutes of the pre-Bid meeting at the web page identified in the BDS . Any modification to the bidding document that may become necessary as a result of the pre-Bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-Bid meeting. Nonattendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.
Amendment of Bidding Document
At any time prior to the deadline for submission of Bids, the Employer may amend the bidding document by issuing addenda.
Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Employer in accordance with ITB 6.3. The Employer shall also promptly publish the addendum on the Employer’s web page in accordance with ITB 7.1.
To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 23.2.
Preparation of Bids
Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.
Language of Bid
The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS . Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS , in which case, for purposes of interpretation of the Bid, such translation shall govern.
Documents Comprising the Bid
The Bid shall comprise two Parts, namely the Technical Part and the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (two-envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other, only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked "Original Bid"
The Technical Part shall comprise the following:
Letter of Bid - Technical Part, prepared in accordance with ITB12;
Bid Security or Bid Securing Declaration, in accordance with ITB 20;
Alternative Bid - Technical Part: if permissible in accordance with ITB 13, the Technical Part of any Alternative Bid;
Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 21.3;
Eligibility of Plant and Installation Services: documentary evidence established in accordance with ITB 14.1 that the Plant and Installation Services offered by the Bidder in its Bid or in any alternative Bid, if permitted, are eligible;
Bidder’s Eligibility and Qualifications: documentary evidence in accordance with ITB 15.1 establishing the Bidder’s eligibility and qualifications ;
Conformity: documentary evidence in accordance with ITB 16 that the Plant and Installation Services offered by the Bidder conform to the bidding document;
Subcontractors: list of subcontractors in accordance with ITB 16.2; and
any other document required in the BDS.
The Financial Part shall contain the following:
Letter of Bid - Financial Part: prepared in accordance with ITB 12 and ITB 14;
Price Schedules completed in accordance with ITB 12 and ITB 17;
Alternative Bid - Financial Part: if permissible in accordance with ITB 13, the Financial Part of any Alternative Bid; and
any other document required in the BDS.
The Technical Part shall not include any information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part the Bid shall be declared non-responsive.
In addition to the requirements under ITB 11.2, Bids submitted by a JV shall include in the Technical Part a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement.
The Bidder shall furnish in the Letter of Bid - Financial Part information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid
Letters of Bid and Price Schedules
The Letter of Bid - Technical Part and the Letter of Bid- Financial Part including the Price Schedules shall be prepared, using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed as instructed in each form without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 21.3. All blank spaces shall be filled in with the information requested.
Alternative Bids
Unless otherwise specified in the BDS , alternative Bids shall not be considered.
When alternatives to the Time Schedule are explicitly invited, a statement to that effect will be included in the BDS , and the method of evaluating different time schedules will be described in Section III, Evaluation and Qualification Criteria.
Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the Employer’s requirements as described in the bidding document must also provide: (i) a price at which they are prepared to offer a Plant meeting the Employer’s requirements; and (ii) all information necessary for a complete evaluation of the alternatives by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed installation methodology and other relevant details. Only the technical alternatives, if any, of the Bidder with the Most Advantageous Bid conforming to the basic technical requirements shall be considered by the Employer.
When Bidders are invited in the BDS to submit alternative technical solutions for specified parts of the facilities, such parts will be identified
in the BDS , as will the method for their evaluation, and described in Section VII, Employer’s Requirements.
Documents Establishing the Eligibility of the Plant and Installation Services
To establish the eligibility of the Plant and Installation Services in accordance with ITB 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.
Documents Establishing the Eligibility and Qualifications of the Bidder
To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid- Technical Part, included in Section IV, Bidding Forms.
To establish its qualifications to perform the Contract in accordance with Section III, Evaluation and Qualification Criteria, the Bidder shall provide the information requested in the corresponding information sheets included in Section IV, Bidding Forms.
Any change in the structure or formation of a Bidder after being prequalified and invited to Bid, if applicable, (including, in the case of a JV, any change in the structure or formation of any member and also including any change in any specialized subcontractor whose qualifications were considered to prequalify the Applicant) shall be subject to the written approval of the Employer prior to the deadline for submission of Bids. Such approval shall be denied if (i) a Bidder proposes to associate with a disqualified Bidder or in case of a disqualified joint venture, any of its members; (ii) as a consequence of the change, the Bidder no longer substantially meets the qualification criteria; or (iii) in the opinion of the Employer, the change may result in a substantial reduction in competition. Any such change should be submitted to the Employer not later than fourteen (14) days after the date of the notice for RFB sent to the prequalified Bidders
Documents Establishing the Conformity of the Plant and Installation Services
The Bidder shall furnish the information stipulated in Section IV, Bidding Forms in sufficient detail to demonstrate substantial responsiveness of the Bidders’ proposal to the work requirements and the completion time.
For major items of Plant and Installation Services as listed by the Employer in Section III, Evaluation and Qualification Criteria, which the Bidder intends to purchase or subcontract, the Bidder shall give details of the name and nationality of the proposed Subcontractors, including manufacturers, for each of those items. In addition, the Bidder shall include in its Bid information establishing compliance with the requirements specified by the Employer for these items. Quoted rates and prices will be deemed to apply to whichever Subcontractor is appointed, and no adjustment of the rates and prices will be permitted.
The Bidder shall be responsible for ensuring that any Subcontractor proposed complies with the requirements of ITB 4, and that any Plant, or services to be provided by the Subcontractor comply with the requirements of ITB 5 and ITB 16.1.
Bid Prices and Discounts
Unless otherwise specified in the BDS , Bidders shall quote for the entire Plant and Installation Services on a "single responsibility" basis. The total Bid price shall include all the Contractor’s obligations mentioned in or to be reasonably inferred from the bidding document in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction, installation and completion of the Plant. This includes all requirements under the Contractor’s responsibilities for testing, pre-commissioning and commissioning of the Plant and, where so required by the bidding document, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as specified in the bidding document, all in accordance with the requirements of the General Conditions. Items against which no price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the prices for other items.
Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the bidding document.
Bidders shall give a breakdown of the prices in the manner and detail called for in the Price Schedules included in Section IV, Bidding Forms.
Depending on the scope of the Contract, the Price Schedules may comprise up to the six (6) schedules listed below. Separate numbered Schedules included in Section IV, Bidding Forms, from those numbered 1 to 4 below, shall be used for each of the elements of the Plant and Installation Services. The total amount from each Schedule corresponding to an element of the Plant and Installation Services shall be summarized in the schedule titled Grand Summary, (Schedule 5), giving the total Bid price(s) to be entered in the Letter of Bid. Bidders shall note that the plant and equipment included in Schedule Nos. 1 and 2 below exclude materials used for civil, building and other construction works. All such materials shall be included and priced under Schedule No. 4, Installation Services. The Schedules comprise:
Schedule No. 1 : Plant (including Mandatory Spare Parts) Supplied from Abroad
Schedule No. 2 : Plant (including Mandatory Spare Parts) Supplied from within the Employer’s Country
Schedule No. 3 : Design Services
Schedule No. 4 : Installation Services
Schedule No. 5 : Grand Summary (Schedule Nos.1 to 4)
Schedule No. 6 : Recommended Spare Parts
In the Schedules, Bidders shall give the required details and a breakdown of their prices as follows:
Plant to be supplied from abroad (Schedule No. 1):
The price of the Plant shall be quoted on CIP-named place of destination basis as specified in the BDS .
Plant manufactured within the Employer’s Country (Schedule No. 2):
(i) The price of the Plant shall be quoted on an EXW Incoterm basis (such as "ex-works," "ex-factory," "ex-warehouse" or "off-the-shelf," as applicable), including all customs duties, sales and other taxes already paid or payable on the components and raw materials used in the manufacture or assembly of the Plant;
(ii) Sales tax and all other taxes payable in the Employer’s Country on the Plant if the contract is awarded to the Bidder;
Design Services (Schedule No. 3);
Installation Services shall be quoted separately (Schedule No. 4) and shall include rates or prices for local transportation to named place of final destination as specified in the BDS , insurance and other services incidental to delivery of the Plant, all labor, contractor’s equipment, temporary works, materials, consumables and all matters and things of whatsoever nature, including operations and maintenance services, the provision of operations and maintenance manuals, training, etc., where identified in the bidding document, as necessary for the proper execution of the installation and other services, including all taxes, duties, levies and charges payable in the Employer’s Country as of twenty-eight (28) days prior to the deadline for submission of Bids;
(e) Recommended spare parts shall be quoted separately (Schedule 6) as specified in either subparagraph (a) or (b) above in accordance with the origin of the spare parts.
The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.
The prices shall be either fixed or adjustable as specified in the BDS.
In the case of 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.
In the case of Adjustable Price , prices quoted by the Bidder shall be subject to adjustment during performance of the contract to reflect changes in the cost elements such as labor, material, transport and contractor’s equipment in accordance with the procedures specified in the corresponding Appendix to the Contract Agreement. A Bid submitted with a fixed price quotation will not be rejected, but the price adjustment will be treated as zero. Bidders are required to indicate the source of labor and material indices in the corresponding Form in Section IV, Bidding Forms.
If so indicated in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify in their Letter of Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package, and the manner in which the price reductions will apply. However, discounts on condition of award of more than one contract will not be used for Bid evaluation purpose.
Bidders wishing to offer any unconditional discount shall specify in their Letter of Bid the offered discounts and the manner in which price discounts will apply.
Currencies of Bid and Payment
The currency(ies) of the Bid and the currency(ies) of payments shall be the same. The Bidder shall quote in the currency of the Employer’s country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Employer’s Country, unless otherwise specified in the BDS .
The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Employer’s Country.
Period of Validity of Bids
Bids shall remain valid until the date specified in the BDS or any extended date if amended by the Employer in accordance with ITB 8. A Bid that is not valid until the date specified in the BDS, or any extended date if amended by the Employer in accordance with ITB 8, shall be rejected by the Employer as nonresponsive.
In exceptional circumstances, prior to the date of expiration of the Bid validity, the Employer may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB 20, the Bidder granting the request shall also extend the Bid Security for twenty-eight (28) days beyond the deadline of the extended validity period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 19.3.
If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity specified in accordance with ITB 19.1, the Contract price shall be determined as follows:
in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor or factors specified in the BDS ;
in the case of adjustable price contracts, no adjustment shall be made; or
in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.
Bid Security
The Bidder shall furnish as part of the Technical Part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS .
A Bid-Securing Declaration shall use the form included in Section IV Bidding Forms.
If a Bid Security is specified pursuant to ITB 20.1, the Bid security shall be a demand guarantee in any of the following forms at the Bidder’s option:
an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company);
an irrevocable letter of credit;
a cashier’s or certified check; or
another security indicated in the BDS ,
from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 19.2.
If a Bid Security or a Bid-Securing Declaration is specified pursuant to ITB 20.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer as nonresponsive.
If a Bid Security is specified pursuant to ITB 20.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB 47.
The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security.
The Bid Security may be forfeited:
if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or
if the successful Bidder fails to:
sign the Contract in accordance with ITB 46; or
furnish a Performance Security in accordance with ITB 47.
The Bid Security or the Bid-Securing Declaration of a JV shall be in the name of the JV that submits the Bid. If the JV has not been