SECTION - I
INSTRUCTIONS TO BIDDERS
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A - General
1. Scope of Bid
1.1 The Employer, as defined in Bidding Data, hereinafter “the
Employer,” wishes to receive bids for the Design, Construction,
Commissioning and Remedying Defects of Works specified in the
Bidding Data, and as described in the Employer’s Requirements
(Section VI), hereinafter referred as “the Works”
1.2 The Successful bidder will be expected to complete the Works
within the Time for completion specified in the Bidding Data. If the
Contractor fails to complete the Works during that period the
Contractor shall pay delay damages to the Employer as specified in
Bidding Data. The Defects Notification Period for remedying
Defects is given in Bidding Data.
2. Source of Funds
2.1 Works will be financed by the source given in Bidding Data.
3. Eligible Bidders
3.1 All bidders shall confirm in Section VII (Form of Bid), Section IX
(schedules), a statement that the Bidder (including all members of
a joint venture and sub-contractors) is not associated directly or
indirectly in the preparation of the bidding document.
3.2 Foreign bidders can submit bids as specified in Bidding Data
4. Qualification of the
Bidders
4.1 All bidders shall include the following information and documents
with their Bid in Section IX:
(a) Certified copies of original documents defining the
constitution or legal status, place of registration, and principle
place of business; written power of attorney of the signatory
to the Bid to commit the Bidder;
(b) All bidders shall include the following information and
documents as a minimum with their bids in Section IX:
i. Reports on the financial standing of the Bidder, such as
profit and loss statements and auditors’ reports for the
past three years;
ii. Evidence of adequacy of working capital for this Contract
(access to line(s) of credit and availability of other financial
resources);
iii. Total monetary value of construction work performed for
each of the last ten years;
iv. Experience in works of a similar nature (design works and
construction works) and size for each of the last ten years,
and details of work under way or contractually
committed;
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v. Major items of construction equipment proposed to carry
out the Contract;
vi. Qualification and experience of key Design Team, and Site
Management and Technical Personnel proposed for the
Contract;
vii. Information regarding any litigation, current or during the
last five years, in which the Bidder or any partners of a
joint venture are involved, the parties concerned, and
disputed amount;
viii. Proposals for subcontracting components of the Works
amounting to more than 10 percent of the contract
amount; and
ix. Proposals for work methods, staffing and schedules, in
sufficient detail to demonstrate the adequacy of the
Bidder’s proposal to Employer’s requirements and the
completion time described in the bidding documents.
4.2 All bidders shall include the following information and documents
with their Bid in Section IX:
(a) The Bid shall include all the information listed in Sub-Clause
4.1 above for each joint venture partner;
(b) The Bid and, in case of successful bid, the Contract Agreement
shall be signed so as to be legally binding on all partners;
(c) All partners shall be jointly and severally liable for the
execution of the contract in accordance with the Contract
terms;
(d) One of the partners shall be nominated as being a partner in
charge, authorized to incur liabilities, and receive instructions
for and on behalf of any and all partners of the joint venture;
(e) The execution of the entire Contract, including payment, shall
be done exclusively with the partner in charge; and
(f) A copy of agreement entered into by the joint venture
partners shall be submitted with the Bid.
4.3 To qualify for the award of the Contract, bidders shall meet the
following minimum qualifying criteria:
(a) Average annual volume of construction work performed in
last five years shall be at least the amount specified in Bidding
Data;
(b) Experience as a contractor in the construction of at least two
contracts of a nature and complexity equivalent to the Works
over the last 10 years in international airports (one contact
should be fully completed and for the last contract; works
cited should be at least 75 percent completed);
(c) Proposals for the timely acquisition (own, lease, hire, etc) of
the essential equipment if any specified in Bidding Data;
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(d) A Project Manager with five years’ experience in works of an
equivalent nature and volume, including no less than three
years as Manager;
(e) Each of the proposed design team member should have
minimum qualifications and experience if given in the
Employer’s Requirements;
(f) Each of the proposed design team members should have
carried out designs within the last 5 years, of at least two
works of a nature and complexity equivalent to the task for
which they are proposed for.
(g) Liquid assets and/or credit facilities net of other contractual
commitments and inclusive of any advance payments which
may be paid under the contract, of not less than the amount
specified in Bidding Data; and
(h) A consistent history of litigation or arbitration awards against
the Bidder or any partner of a joint venture may result in
disqualification.
4.4 The construction volume for each of the partners of a joint venture
shall be added together to determine the Bidder’s compliance with
the minimum qualifying criteria of Sub-Clause 4.3(a), (b) and (g);
however, for a joint venture to qualify, each of its partners must
meet at least 25 percent of minimum criteria 4.3(a), (b) and (g);
and the partner in charge at least 40 percent of those minimum
criteria. Failure to comply with this requirement will result in
rejection of the joint venture’s Bid. Subcontractor’s experience
and resources will not be taken into account in determining the
Bidder’s compliance with the qualifying criteria.
5. One Bid per Bidder 5.1 Each Bidder shall submit only one Bid either by himself, or as a
partner in a joint venture. A Bidder who submits or participate
more than one Bid will be disqualified.
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
7. Site Visit
7.1 The Bidders are advised to visit and examine the Site of Works and
its surroundings and obtain for himself on its own responsibility all
information that may be necessary for preparing the Bid and
entering into a Contract for Design and Construction of the Works.
The costs of visiting the Site shall be at the Bidder’s own expense.
7.2 The Employer may conduct a Site visit concurrently with the pre-bid
meeting referred to in Clause 17.
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B – Bidding Documents
8. Content of Bidding
Document
8.1 The Bidding documents are those stated below, and should be read
in conjunction with any addenda issued in accordance with Clause
10:
Volume I
Disclaimer
Section I – Instructions to Bidders
Section III - Conditions of Contract
Section V - Standard Forms [Contract]
Volume II
Section VI - Employer’s Requirements
Volume III
Invitation for Bids
Section II – Bidding Data
Section IV – Contract Data (Deleted)
Section VII - Form of Bid
Section VIII - Schedule of Prices
Section IX - Schedules
Section X - Standard Forms [Bid]
9. Clarification of
Bidding Document 9.1 A prospective Bidder requiring any clarification of the bidding
documents may notify the Employer in writing or by facsimile at
the Employer’s address indicated in Bidding Data. The Employer
will respond to any request for clarification, which he receives
earlier than 14 days prior to the deadline for submission of Bids.
Copies of the Employer’s response will be forwarded to all
purchasers of the bidding documents, including a description of
the inquiry but without identifying its source.
10. Amendment of
Bidding Document 10.1 At any time prior to the deadline for submission of bids, the
Employer may amend the bidding documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents
pursuant to Sub-Clause 8.1, and shall be communicated in writing
or by facsimile to all purchasers of the bidding documents.
prospective Bidder shall promptly acknowledge receipt of each
addendum to the Employer.
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10.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the Employer shall
extend as necessary the deadline for submission of Bids, in
accordance with Clause 20.
C – Preparation of Bids
11. Language of Bid
11.1 The Bid, and all correspondence and documents related to the Bid
exchanged by the Bidder and the Employer shall be written in
English language. Supporting documents and printed literature
furnished by the bidder may be in another language provided they
are accompanied by an accurate translation of the relevant
passages in English language, in which case, for purposes of
interpretation of the Bid, the English translation shall prevail.
12. Documents Comprising
the Bid
12.1 The Bid submitted by the Bidder shall comprise all the documents
described under Clause 19 and any other information requested in
the Employer’s Requirements.
13. Bid Prices
13.1 Unless stated otherwise in the bidding documents, the contract
shall be for the whole works as described in Sub-Clause 1.1, based
on the lump sum price submitted by the Bidder.
13.2 Depending on the Bidder’s proposal, the Bidder shall fill all
relevant items in the price schedules required for the works.
Bidders may add any new activities items which are not included in
the price schedules, but are needed to complete the works in
accordance with bidder’s proposal and carry them to the Bid Price.
Similarly Bidders may delete items which are included in price
schedule but are not required in accordance with the bidder’s
proposal.
13.3 All duties, taxes, and other levies payable by the contractor under
the Contract, or for any other clause, as of the 28 days prior to the
deadline for submission of Bids, shall be included in the Bid Price.
13.4 Unless otherwise provided in the Bidding data, the lump sum price
quoted by the bidder shall not be subjected to adjustment during
the performance of the Contract.
14. Currencies of Bid
and Payment
14.1 The prices shall be quoted by the Bidder in Sri Lanka Rupees or
United State Dollars (US$) or in both currencies as appropriate
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15. Bid Validity
15.1 Bids shall remain valid for the period stipulated in the Bidding
Data.
15.2 In exceptional circumstances, prior to expiry of the original bid
validity period, the Employer may request from the bidders to
extend the period of bid validity for a specified additional period.
The request and the responses thereto shall be made in writing or
by facsimile. A bidder may refuse the request without forfeiting its
Bid security. A Bidder agreeing to the request will not be required
to modify its Bid, but will be required to extend the validity of its
Bid Security for the period of extension, and in compliance with
Clause 16 in all respects.
16. Bid Security
16.1 The Bidder shall furnish, as part of its Bid, a Bid security in the
amount stipulated in the Bidding Data.
16.2 The Bid security shall, at the Bidder’s option, be in the form of a
certified cheque, letter of credit or a guarantee from a reputed
bank or insurance bond from a company located in Sri Lanka or
from an acceptable bonding organization in Sri Lanka. The format
of the Bid security should be in accordance with the specimen
form of bid security included in the bidding document or another
form acceptable to the Employer. Bid security shall be valid for the
period given in the Bidding data.
16.3 Any Bid not accompanied by an acceptable Bid security shall be
rejected by the employer as non-responsive. The bid security of a
joint venture shall be issued so as to commit fully all partners to
the proposed joint venture.
16.4 The Bid securities of unsuccessful bidders will be returned as
promptly as possible, but not later than 28 days after the
expiration of the period of Bid validity.
16.5 The Bid security of the successful bidder will be returned when the
bidder has signed the agreement and furnished the required
Performance Security.
16.6 The Bid Security may be forfeited:
(a) If the Bidder withdraws its bid, except as provided in SubClause 22.2;
(b) If the bidder does not accept the correction of its Bid price,
pursuant to Sub-Clause 28.1; or
(c) In the case of a successful Bidder, if he fails within the
specified time limit to:
i. Sign the agreement; or
ii. Furnish the required Performance Security
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17. Pre-Bid Meeting
17.1 Bidder’s designated representative(s) is invited to attend a pre-Bid
meeting, which, if convened, will take place at the venue and time
specified in the Bidding Data.
17.2 The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage.
17.3 The Bidders are requested, as far as possible, to submit any
questions in writing or by facsimile, to reach the Employer not
later than one week before the meeting. It may not be practicable
at the meeting to answer questions received late. All questions
raised at the pre-bid meeting or under Clause 9.0 will be
responded to in writing by the Employer.
18. Format and Signing
of Bid
18.1 The Bidder shall prepare one original of the documents comprising
the Bid as described in Clause 19 of the instructions to bidders. In
addition, the Bidder shall submit a copy of the bid, as described in
Clause 19. In the event of discrepancy between them, the original
shall prevail. The bid shall be sealed in accordance with Clause 19.
18.2 The original and the copy of the bid shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder. All pages
of the bid where entries or amendments have been made shall be
initiated by the person or persons signing the bid.
18.3 The Bid shall contain no alterations, omissions, or additions,
unless such corrections are initiated by the person or persons
signing the Bid.
D – Submission of Bids
19. Sealing and Marking of Bids
19.1 The Bidder shall seal the original and copy of the Bid in separate
envelopes, duly marking the envelops as “ORIGINAL” and “COPY.”
The envelopes shall then be sealed in an outer envelope. The
“ORIGINAL” cover shall include the originals and the “COPY” shall
include copies of the documents listed under sub clause 19.5.
19.2 The inner and outer envelope shall:
i.
ii.
Be addressed to the Employer at the address provided in
the Bidding Data;
Bear the name and identification number of the Contract
and Bid document as defined in the Bidding Data; and
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iii.
Provide a warning not to open before the time and date for
bid opening, as specified in the Bidding Data
19.3 In addition to the identification required in Sub-Clause 19.2, the
inner envelopes shall indicate the name and address of the bidder
to enable the bid to be returned unopened in case it is declared
“late” pursuant to clause 21.
19.4 If the outer envelope is not sealed and marked as above, the
Employer will assume no responsibility for the misplacement or
premature opening of the bid. If the outer envelope discloses
bidder’s identity, the Employer will not guarantee the anonymity
of the Bid submission, but this shall not constitute grounds for
rejection of the Bid.
19.5 The Companies are required to submit the following documents
and information (As per the format given in Section IX- Schedules)
along with the bids. This information will be critical for the
evaluation of the offer submitted. Lack of submission of all the
requested information will make the bid liable for disqualification
and finally for rejection of the offer. All documentation and
correspondence with respect to the bid shall be in English
language.
19.5.1 Proof of the experience of the contractor, in carrying out
Similar Projects successfully completed in a single contract,
within the last ten (10) years in international airports. The
information submitted shall include the client’s names,
contract name, year of completion, scope of the
construction works handled, contract value, contact names
and telephone numbers of client, and any other relevant
information.
19.5.2 The construction programme (inclusive of General
Execution plan , Plants & Equipment, work schedule and
project cash flow plan)
19.5.3 The offers submitted shall include detail CV’s of all the
professional and technical staff proposed for this project,
covering their qualifications and experience in the relevant
fields including employees of subcontractors if any, who
are involved in the project execution and in decisions
making having a bearing on the project execution.
(Minimum 5 years experience in the relevant field with full
professional qualification).
19.5.4 Power of attorney authorizing to sign the bid.
19.5.5 Form of Bid, duly filled and signed.
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19.5.6 Schedule of prices, duly filled and signed( including soft
copy )
19.5.7 Duly filled Compliance / Deviation Sheet
19.5.8 Duly filled Technical Schedules including Technical
Literature, catalogues, brochures of all offered items,
published by the manufacturer.
19.5.9 Bid Security in the format submitted, for the specified
amount.
19.5.10 Arbitration / Litigation history for the past 10 years (a brief
narrative of the significant legal proceedings by or against
the bidder along with the reference numbers and the
outcome if concluded)
19.5.11 Certified copies of the Memorandum and Articles of
Association of the Company or the partnership agreement
as the case may be of the Bidder.
19.5.12 Granting authority for the signing of the Bid documents
and for the contract agreement if the bid is accepted by
CPC, in case of a Company, the board resolution of the
company or a documented decision of the partners in a
partnership as the case may be.
19.5.13 The audited profit and loss accounts and the balance
sheet for the five (05) financial years immediately
preceding the date of Bid and names of three (3) banks or
other financial establishments from whom reference could
be obtained.
20. Deadline for Submission
for Bids
20.1 Bids must be received by the Employer at the address specified in
Invitation for Bid no later than the time and date stipulated in the
bidding data.
20.2 The Employer may, in exceptional circumstances and at its
discretion, extend the deadline for submission of bids by issuing an
addendum in accordance with Clause 10, in which case all rights
and obligations of the Employer and the Bidders previously
subjected to the original deadline will thereafter be subjected to
the deadline as extended.
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21. Late Bids
21.1 Any bid received by the Employer after the deadline for
submission of bids prescribed in Clause 20 will be returned
unopened to the bidder.
22. Modification,
Substitution and
Withdrawal of Bids 22.1 The bidder may modify, substitute, or withdraw its bid after Bid
submission, provided that written notice of the modification or
withdrawal is received by the Employer prior tote deadline for
submission of Bids.
22.2 The bidder’s modification or withdrawal notice shall be prepared,
sealed, marked, and delivered in accordance with the provisions of
Clause 18 & 19, with the outer and inner envelopes additionally
marked “Modification” or “Withdrawal,” as appropriate.
22.3 No Bid may be modified by the Bidder after the deadline for
submission of Bids.
22.4 Withdrawal of a Bid during the interval between the deadline for
submission of Bids and expiration of the period of Bid validity may
result in the forfeiture of the Bid security pursuant to Sub-Clause
16.
E – Bid Opening and Evaluation
23. Bid Opening
23.1 The Employer will open the bids, including withdrawals and
modifications made pursuant to Clause 24, in the presence of
bidders’ authorized representatives who choose to attend, at the
time, date, and location stipulated in the Bidding data.
23.2 Envelopes marked “WITHDRAWAL” shall be opened first, and the
name of the bidder shall be read out. Bids for which an acceptable
notice of withdrawal has been submitted pursuant to Clause 24
shall not be opened. Subsequently, all envelopes marked
“MODIFICATION” shall be opened and the submissions therein
read out in appropriate detail.
23.3 The Envelopes marked as “Original” will be opened. If no envelope
is marked as “Original” the Employer may open one of the
envelopes. If the required documents are available in that
envelope, Employer may mark it as “Original” and the unopened
envelope as the “Copy”. If so the envelope marked as copy will
remain unopened. If any of the required document is missing in
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the envelope opened first, the Employer may open the other
envelope to search such missing information and transfer such
documents to one envelope and mark it as “ORIGINAL” and
resealed the other envelope and mark as “COPY”.
23.4 The bidders’ names, the bid prices, including any alternative bid
price or deviation, any discounts, Bid modifications and
withdrawals, the presence(or absence) and amount of bid security,
and any such other details as the Employer may consider
appropriate, will be announced by the Employer at the opening.
No Bid shall be rejected at Bid opening except for late Bids
pursuant to Clause 23.
23.5 The Employer shall prepare minutes of the Bid opening, including
the information disclosed to those present in accordance with SubClause 23.
23.6 Bids not opened and read out at Bid opening shall not be
considered further for evaluation, irrespective of circumstances.
24. Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation,
and comparison of Bids, and recommendation for the award of a
contract shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the award to the
successful Bidder has been announced. Any effort by a bidder to
influence the Employer’s processing of bids or award decisions
may result in the rejection of the Bidder’s Bid.
25. Clarification of Bids
25.1 To assist in the examination, evaluation, and comparison of Bids,
the Employer may, at its discretion, ask any Bidder for clarification
of its Bid, including breakdowns of prices. The request for
clarification and response shall be in writing or by facsimile, but no
change in the price or substance of the Bid shall be sought,
offered, or permitted.
26. Examination of Bids and Determination of responsiveness
26.1 Prior to the detailed evaluation of bids, the Employer will
determine whether each bid (a) meets the eligibility criteria; (b)
has been properly signed; (c) is accompanied by the required
securities; (d) is substantially responsive to the requirements of
the bidding documents; and (e) provides any clarifications and/or
substantiation that the employer may require to determine
responsiveness pursuant to Sub-Clause 26.2.
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26.2 A substantially responsive Bid is one that conforms to all terms,
conditions, and specifications of the bidding document without
material deviation or reservation. A material deviation or
reservation is one (a) which affects in any substantial way the
scope, quality, or performance of the works; (b) which limits in any
substantial way, inconsistent with the bidding document, the
Employer’s rights or the Bidders obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive
position of other bidders presenting substantially responsive Bids.
26.3 If a Bid is not substantially responsive, it will be rejected by the
Employer, and may not subsequently be made responsive by
correction or withdrawal of the nonconforming deviation or
reservation.
27. Evaluation and Comparison of Bids
27.1 The Employer will evaluate and compare only the Bids determine
to be substantially responsive in accordance with Clause 26.
27.2 The Employer will evaluate the bid proposals on the basis of their
responsiveness to the Employer’s Requirements, applying the
evaluation criteria, and point system specified in Sub-Clause 27.3
and 27.4. The Employer will also use the appropriate information
submitted in the Bid proposal in allocating points.
27.3 During the technical evaluation, the Employer will determine
whether the Bidders are qualified and whether technical aspects
are substantially responsive to the requirements set forth in the
bidding document. In order to reach such a determination, the
Employer will examine the information supplied by the Bidders,
and other requirements in the bidding document, taking into
account the following factors (but not limited to).
a)
Qualification
i. The determination will take into account the Bidder’s
financial and production capabilities and past
performance; it will be based upon an examination of the
documentary evidence of the Bidder’s qualification
submitted by the Bidder, as well as such other information
as the Employer deems necessary and appropriate;
ii. The Employer will examine whether the bidder is
satisfying the minimum criteria given under Sub-Clause
4.3.
iii. An affirmative determination under 27.3 (a) ii above will
be a prerequisite for the Employer to continue with the
technical evaluation; a negative determination will result
in rejection of the Bid.
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b)
Technical
The determination will take into account the Bidder’s proposal
with special attention given to the following and will assign a
score based on the point system and the criteria given in SubClause 27.4.
i. Overall completeness and compliance with the
Employer’s
Requirements;
and
deviations
/shortcomings from the Employer’s Requirements
ii. Site Management and Technical personnel
iii. The Design team
iv. Work plan and methodology
v. Compliance with the time schedule
27.4 The following point system will be used for evaluation of the
technical responsiveness of bid proposals.
Criteria
(i)
Specific Construction experience
of the bidder in similar nature
works in last ten years
(ii)
Specific experience of key site
Management and technical
personnel proposed for the
Works
(iii)
Experience of the key Members
of the Design Team
Maximum
Points
Minimum
Required
30
15
25
17
10
07
(iv)
Overall compliance with the
requirements of the bidding
document
10
05
(v)
Work Plan and Time schedules
15
08
(vi)
Any other improvements to the
Employer’s Requirements,
suggested by the Bidder
10
-
Total
100
65
The following Sub-Criteria will be used in assigning points to (i),
(iv), (v) and (vi) above
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(a)
(b)
(c)
Satisfactory - 50%
Good
- 75%
Very Good - 100%
For allocating points for (ii) & (iii) above, each key member of Site
Management & Technical Team and Design Team will be assigned
a weighing in accordance with their roles for the assignment.
Subjected to the weightings assigned each key staff member will
be evaluated using the following Sub-Criteria.
(a)
(b)
(c)
General qualifications
Total experience
Experience related to the task
- 25%
- 25%
- 50%
27.5 Each bid proposal will be evaluated for technical responsiveness
by assigning technical score as above. A bid shall be rejected at
this stage if it does not respond to important aspects of the
Employer’s Requirements or if it fails to achieve an overall
minimum of 65 points together with the minimum given against
each criteria.
27.6 After the technical evaluation, financial evaluation will be done.
27.7 In financial evaluation, the Employer will determine for each bid
the Evaluated Bid Price by adjusting the Bid Price as follows:
(a) Excluding Provisional Sums and the provision, if any, but
including Day Work, where priced competitively;
(b) Correct the arithmetic errors in-pursuant to Clause 28.
(c) Making appropriate adjustments on sound technical and/or
financial grounds for any other quantifiable acceptable
variations, deviations or alternative offers.
(d) Applying any discounts offered by the bidder.
27.8 The Employer reserves the right to accept or reject any variation,
deviation, or alternative offer. Variation, deviation, alternative
offers and other factors that are in excess of the requirements of
the bidding document shall not be taken into account in Bid
Evaluation.
27.9 If the Bid, which results in the lowest evaluated Bid Price, is
seriously unbalanced or front loaded in relation to the Employer’s
estimate of the items of work to be performed under the Contract,
the Employer may require the Bidder to produce detailed price
analyses for any or all items Price Schedule, to demonstrate the
internal consistency of those prices with the construction methods
and schedule proposed. After evaluation of the analyses, taking
into consideration the schedule of estimated Contract Payments,
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the Employer may require that the amount of the Performance set
forth in Clause 32 be increased at the expense of the Bidder to a
level sufficient to protect the Employer against financial loss in the
event of default of the successful bidder under the Contract.
28. Correction of Errors
28.1 Bids determined to be substantially responsive will be checked by
the Employer for any arithmetic errors. Errors will be corrected by
the Employer as follows
(a) Where the there is a discrepancy between the amount in
figures and in words, the amount in words will govern; and
(b) Where there is a discrepancy between the unit rate and the
line item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will govern, unless there is
an obviously gross misplacement of the decimal point in the
unit rate, in which case the line item total as quoted will
govern, and the unit rate will be corrected.
(c) Unless this sub-clause is modified in bidding data and if the
bid price decreases by the above procedure, the amount
stated in the form of bid shall be adjusted with the
concurrence of the bidder and shall be considered as binding
upon the bidder. If the bidder does not accept the corrected
amount of bid, his bid will be rejected, and the bid security
may be forfeited in accordance with this sub clause 16.6(b).
(d) Unless this sub-clause is deleted in Bidding Data and if the
total Bid price increases due to corrections made on above
procedure, the bid price shall not be adjusted to increased
price and the corrections should be readjusted within the Bid
price in consultation with the Bidder.
F. Award of Contract
29. Award
29.1 Subject to Clause 30, the Employer will award the Contract to the
bidder whose bid has been determined to be substantially
responsive to the bidding document in accordance with the Clause
26.1, has achieved minimum points given under Sub-Clause 27.5
for Design and Technical proposal, and who has offered the lowest
Evaluated bid price, provided that such Bidder has been
determined to be (a) eligible in accordance with the provisions of
Clause 3; and (b) qualified in accordance with the Provisions of
Clause 4.3
30. Employer’s Right to
Accept any Bid and to
Reject any or all Bids
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30.1 The Employer reserves the right to accept or reject any Bid, and to
annul the Bidding process and reject all Bids, at any time prior to
award of contract, without thereby incurring any liability to the
affected bidder or Bidders or any obligation to inform the affected
bidder or Bidders of the grounds for the Employer’s action.
31. Notification of Award
31.1 Prior to expiration of the period of Bid validity prescribed by the
Employer, the Employer will notify the successful bidder by
registered letter that its bid has been accepted. This letter
(hereinafter and in the Conditions of Contract called the “Letter of
Acceptance”) shall specify the sum which the Employer will pay
the Contractor in consideration of the design, execution and
completion of the Works and the remedying of any defects therein
by the contractor as prescribed by the contract.
31.2 The letter of acceptance will constitute the formation of the
contract.
31.3
The agreement will incorporate the Memorandum of
Understanding if any, between the Employer and the successful
bidder, and shall be signed by the Employer and the Successful
bidder.
31.4 After issuing the letter of acceptance, the Employer will send the
Bidder the Agreement in the form provided in the bidding
documents, incorporating all agreements between the parties.
31.5 Upon the furnishing by the successful bidder of the Performance
Security, the Employer will promptly notify the other bidders that
their bids have been unsuccessful.
31.6 The Employer shall notify the successful bidder the date, time and
venue for entering into executing the contract agreement.
32. Performance Security
32.1 Within 14 days of receipt of the Letter of Acceptance, the
successful bidder shall furnish to the employer a Performance
Security in the amount specified in the bidding data in the form
given in the Standard Forms [Contract] given under section V.
32.2 The performance security shall be issued by a recognized
commercial Bank in Sri Lanka or a foreign bank with the guarantee
confirmed by a recognized commercial bank operating in Sri Lanka,
and approved by the Central Bank of Sri Lanka and payable to the
CPC on demand in a sum specified in Bidding data.
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33. Advance Payment and Security
33.1 The Employer will provide an Advance Payment as stipulated in
the Conditions of Contract, subject to a maximum amount of 20%
of the Initial Contract price, within 21 days of the Contractor
submitting an acceptable guarantee and upon submission of
Performance Security.
34. Payments to
the Contractor 34.1
35. Adjudicator
The Contractor shall be entitled to receive payments in
installments on the basis of his achieving milestones described in
the schedule of payments in Section VIII. The payments made to
the Contractor will be subjected to a deduction for retention,
calculated by applying the percentage of retention stated in
Bidding Data, until the amount so retained reaches the limit of
retention stated in Bidding Data.
35.1 The Employer proposes the person named in the Bidding Data to
be appointed as Adjudicator under the contract. If the Bidder
disagrees with this proposal, the bidder should so state in the Bid.
Then the Adjudicator shall be appointed by the Appointing
authority designated in the Bidding Data at the request of the
either party.
In any event the Adjudicator shall be a person not associated with
the project directly or indirectly and who could demonstrate
impartiality and independence in his functions.
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