Clinic – Design-Supply and Installation

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Sunil Bhattacharya

January 2010

TOPICS FOR DISCUSSIONS

WHAT DO WE UNDERSTAND BY PROCUREMENT OF

“PLANT DESIGN, SUPPLY, AND INSTALLATION” UNDER

BANK PROJECTS--SOME KEY CONCEPTS

WHEN TO USE THIS TYPE OF CONTRACT

SOME IMPORTANT AND SOME UNIQUE TERMS USED

AND WHAT DO THEY MEAN

SINGLE AND TWO STAGE BIDDING

STRUCTURE OF BIDDING DOCUMENT AND SOME

IMPORTANT PROVISIONS

IMPORTANT PROCUREMENT ASPECTS

KEY DIFFERENCES FROM PROCUREMENT OF GOODS

AND WORKS

WATCH LIST TO AVOID COMMONLY ENCOUNTERED

PROBLEMS

2

PROCUREMENT OF PLANT DESIGN-SUPPLY

AND INSTALLATION

 CONSTRUCTION OF A FACILITY THAT INCLUDES SPECIALLY

ENGINEERED PLANTS AND EQUIPMENT INVOLVING THEIR DESIGN,

SUPPLY, INSTALLATION AND COMMISSIONING AND AT TIMES

CONSTRUCTION OF CIVIL WORKS UNDER A SINGLE RESPONSIBILITY

CONTRACT

 APPLICABLE BANK GUIDELINES: “GUIDELINES PROCUREMENT UNDER

IBRD LOANS AND IDA CREDITS OF MAY 2004-REVISED OCTOBER 2006”

 APPLICABLE SBDs ON BANK’S WEBSITE FOR USE UNDER ICB:

I) “PLANT DESIGN, SUPPLY AND INSTALLATION” OF APRIL 2008 FOR

PROJECTS WITH PCN ON OR AFTER OCTOBER 15, 2006; AND

II) “SUPPLY AND INSTALLATION OF PLANT AND EQUIPMENT “ OF MAY

2005 –REVISED JUNE 2007 FOR PROJECTS WITH PCN PRIOR TO OCTOBER

15, 2006

BOTH DOCUMENTS ARE NOT DESIGNED FOR “TURNKEY” TYPE OF

CONTRACTS THAT ARE ACCEPTABLE UNDER BANK PROCUREMENT

GUIDELINES

 BANK NORMATIVE GUIDELINES ON FRAUD AND CORRUPTION IS

APPLICABLE FOR PROJECTS WITH PCN ON OR AFTER OCTOBER 15, 2006

3

“TURNKEY” CONTRACTS--KEY CONCEPT

“TURNKEY” TYPE CONTRACT IS ONE WHERE A

SINGLE ENTITY TAKES TOTAL RESPONSIBILITY TO

PROVIDE A FULLY-EQUIPPED FACILITY READY FOR

OPERATION AT THE “TURN OF THE KEY” AND

PROVIDES KNOW-HOW, BASIC AND DETAILED

DESIGN AND ENGINEERING, IS RESPONSIBLE FOR

ALL PROCUREMENT, SUPPLY AND INSTALLATION

OF PLANT AND EQUIPMENT AND CONSTRUCTION

OF THE FACILITY INCLUDING ANY CIVIL WORKS

UNDER ONE SINGLE RESPONSIBILITY CONTRACT--

GENERALLY A LUMP-SUM CONTRACT WITH MUCH

HIGHER RISKS BORNE BY CONTRACTOR

DEGREE OF EMPLOYER’S INVOLVEMENT IN DESIGN

AND ENGINEERING IS MINIMAL

4

DESIGN SUPPLY AND INSTALLATION

CONTRACTS—KEY CONCEPTS

 EMPLOYER ESSENTIALLY REMAINS RESPONSIBLE FOR HIS

DESIGN AND ENGINEERING PROVIDED FOR THE CONTRACT

 EMPLOYER PROVIDES TECHNICAL SPECIFICATIONS AND

DRAWINGS AS HE THINKS ARE ESSENTIAL FOR TECHNICAL

AND PERFORMANCE CHARACTERISTICS AND REQUIREMENTS

 CONTRACTOR TAKES RESPONSIBILITY FOR DESIGN,

ENGINEERING, MANUFACTURE, INSTALLATION,

CONSTRUCTION AND EACH ACTIVITY AS OFFERED BY HIM

AND ACCEPTED IN THE CONTRACT THAT ARE REQUIRED TO

COMPLETE THE FACILITY FOR THE PURPOSE INTENDED

5

PLANT DESIGN-SUPPLY AND INSTALLATION--

KEY CONCEPTS

 CONTRACTOR HAS THE RIGHT TO DISCLAIM

RESPONSIBILITY FOR THE DESIGN , DATA,

DRAWING, SPECIFICATIONS GIVEN BY EMPLOYER

 RESPONSIBILITIES OF EMPLOYER AND

CONTRACTOR UNDER BOTH SBDs ARE NOT

MATERIALLY DIFFERENT ALTHOUGH DETAILS OR

EXTENT OF DESIGN, ENGINEERING AND

SPECIFICATIONS PROVIDED BY THE EMPLOYER

FOR EACH TYPE OF CONTRACT MAY VARY

6

WHEN TO USE

 WHEN VALUE OF PLANT AND EQUIPMENT REPRESENTS

MAJOR PROPORTION OF CONTRACT AMOUNT; AND

 WHEN FACILITY CANNOT BE TAKEN OVER SAFELY

WITHOUT TESTING, COMMISSIONING AND OTHER

ELABORATE PROCEDURES BEFORE ACCEPTANCE

 EXAMPLES: DESIGN, SUPPLY AND INSTALLATION OF

TURBINES, GENERATORS, BOILERS, SWITCHYARDS,

PUMPING STATIONS, TELECOMMUNICATIONS, PROCESS

AND TREATMENT PLANTS UNDER POWER, WATER,

SEWERAGE, TELECOM AND SIMILAR PROJECTS TO BE

PROVIDED UNDER SINGLE RESPONSIBILITY CONTRACT

7

UNCLEAR WHEN TO USE? WHICH DOCUMENT TO

USE? WHAT PROCEDURE TO USE?

 CONSULT RPM OFFICE OR OTHER SENIOR

PROCUREMENT STAFF AT EARLY STAGES OF

DESIGNING PROCUREMENT ARRANGEMENTS FOR

THE PROJECT AND BEFORE ADVISING BORROWERS

 CONTRACTS ARE GENERALLY COMPLEX AND LARGE

VALUE --MORE THAN $ 10 MILLION REQUIRING

ADDED ATTENTION

 DEPENDING UPON SIZE, NATURE AND

COMPLEXITY PREQUALIFICATION AND/OR SINGLE

OR TWO STAGE BIDDING PROCEDURES MAY APPLY

8

SOME IMPORTANT AND SOME UNIQUE

TERMS USED AND WHAT DO THEY MEAN

PROJECT MANAGER

FACILITY

PLANT

CONTRACTOR’S EQUIPMENT

INSTALLATION SERVICES

COMPLETION

PRE-COMMISSIONING

COMMISSIONING

FUNCTIONAL GUARANTEE AND LIABILITY

OPERATIONAL ACCEPTANCE

DEFECT LIABILITY PERIOD

9

SINGLE AND TWO STAGE BIDDING

 WHAT IS A SINGLE STAGE BIDDING?

 TECHNICAL AND PRICE BIDS ARE RECEIVED AT THE

SAME TIME AND BOTH PUBLICLY OPENED

IMMEDIATELY THEREAFTER

 WHEN AND WHY A SINGLE STAGE BIDDING IS

USEFUL OR NOT SO USEFUL

USEFUL IF PROCUREMENT IS LESS COMPLEX

USEFUL IF EMPLOYER'S SPECIFICATIONS ARE CLEAR AND

LESS POSSIBILITY OF BIDDERS TAKING EXCEPTIONS OR

DEVIATIONS TO SPECIFICATIONS

NOT SO USEFUL TO RESCUE A LOW BID FROM A QUALIFIED

BIDDER IF IT DEVIATED AS AFTER PRICE BID OPENING NO

CHANGES IN SUBSTANCE OR PRICE CAN BE PERMITTED

ADVANTAGE---PROCESSING TIME MAY BE LESS

10

SINGLE AND TWO STAGE BIDDING

 WHAT IS A TWO STAGE BIDDING?

 TECHNICAL PROPOSALS AND PRICE BIDS ARE

RECEIVED AT DIFFERENT TIMES AND BOTH

PUBLICLY OPENED AT DIFFERENT TIMES

 AT FIRST STAGE UNPRICED TECHNICAL PROPOSALS

ARE INVITED BASED ON CONCEPTUAL DESIGN OR

PERFORMANCE SPECIFICATIONS

 AT THE SECOND STAGE FINAL TECHNICAL

PROPOSALS AND PRICE BIDS ARE INVITED FROM

THOSE THAT PASS THE FIRST STAGE EVALUATION

CRITERIA AND AFTER OBTAINING TECHNICAL

AND COMMERCIAL CLARIFICATIONS FROM THEM

AS NECESSARY

11

SINGLE AND TWO STAGE BIDDING

 WHEN AND WHY A TWO STAGE BIDDING IS

USEFUL OR NOT SO USEFUL

USEFUL FOR VERY COMPLEX PROCUREMENT OR OF SPECIAL

NATURE

USEFUL IF DUE TO COMPLEX NATURE IT IS UNDESIRABLE OR

IMPRACTICAL TO PREPARE SPECIFICATIONS IN ADVANCE

USEFUL IF HIGH POSSIBILITY OF BIDDERS TAKING

EXCEPTIONS OR DEVIATIONS TO BORROWER’S

SPECIFICATIONS OR MAY OFFER BETTER ALTERNATIVE

SOLUTIONS OR SPECIFICATIONS THAT MEET REQUIRED

PERFORMANCE AND FUNCTIONAL GUARANTEES

USEFUL TO RESCUE A BID IF IT DEVIATED IN TECHNICAL

SPECIFICATIONS AT THE FIRST STAGE BID BY SEEKING

CLARIFICATIONS AND MODIFICATIONS AS THERE IS NO

PRICES INFORMATION

DISADVANTAGE---PROCESSING TIME MAY BE LONGER

12

Two-Stage Procedure

Employer issues bidding docs. including

Invitation to 1 st Stage

Bidding 

Bidders asked to submit technical-only proposals

Evaluation of Technical

Proposals

Clarification/Feedback

Meeting with Qualified

Bidders

Employer evaluates technical proposals’

Employer also verifies bidder’s qualification

Bidders may be invited to discuss content of tech.

Employer prepares minutes of required changes

Invitation to 2 nd Stage

Bidding

Bidders invited to submit 2 nd stage bids including

Technical/Financial

Evaluation and Award

Employer evaluates 2 nd stage bids per evaluation

Award to qualified bidder with responsive, lowest evaluated 2 nd stage bid

13

SINGLE AND TWO STAGE BIDDING

 DON’T BE CONFUSED---TWO STAGE BIDDING AND TWO

ENVELOPE SYSTEMS ARE QUITE DIFFERENT

 IN TWO ENVELOPE SYSTEM TECHNICAL AND PRICE BIDS

ARE RECEIVED AT THE SAME TIME BUT IN TWO SEPARATE

SEALED ENVELOPES—FIRST TECHNICAL BIDS ARE OPENED

AND EVALUATED --PRICE BIDS OF ONLY THOSE THAT ARE

QUALIFIED AND PASS THE TECHNICAL EVALUATION ARE

OPENED FOR AWARD BASED ON LOWEST EVALUATED

PRICE —PRICE ENVELOPES OF THOSE THAT FAIL IN

TECHNICAL EVALUATION ARE RETURNED UNOPENED—

NOT A GOOD PRACTICE—NON-TRANSPARENT AND NOT

RECOMMENDED

 PROCUREMENT GUIDELINES PERMIT TWO STAGE BIDDING

BUT DOES NOT MENTION ABOUT TWO ENVELOPE SYSTEM

14

Structure of Bidding Document

PART 1 – Bidding Procedures

OPTION A: Single Stage Bidding

 Section I. Instructions to Bidders

 Section II. Bid Data Sheet

 Section III. Evaluation and Qualification Criteria

(Following Prequalification)

 Section III. Evaluation and Qualification Criteria

(Without Prequalification)

15

Structure of Bidding Document

OPTION B: Two Stage Bidding

 Section I. Instructions to Bidders

 Section II. Bid Data Sheet

 Section III. Evaluation and Qualification Criteria

(Following Prequalification)

 Section III. Evaluation and Qualification Criteria

(Without Prequalification)

 Section IV. Bidding Forms

 Section V. Eligible Countries

16

Structure of Bidding Document

PART 2 –Employer’s Requirements

 Section VI. Employer’s Requirements

PART 3 – Conditions of Contract and Contract

Forms

 Section VII. General Conditions (GC)

 Section VIII. Particular Conditions

 Section IX. - Contract Forms

User’s Guide

17

INSTRUCTIONS TO BIDDERS-

IMPORTANT PROVISIONS

 ELIGIBLE BIDDERS

 CONFLICT OF INTEREST

 FRAUD AND CORRUPTION AND AUDIT RIGHTS

 CLARIFICATIONS-SITE VISITS-PRE-BID MEETINGS

 AMENDMENTS OF BIDDING DOCUMENTS

 ALTERNATIVE BIDS

 DOCUMENTS ESTABLISHING CONFORMITY OF

PLANT AND INSTALLATION SERVICES

 BID PRICES AND DISCOUNTS

18

INSTRUCTIONS TO BIDDERS-

IMPORTANT PROVISIONS

 CURRENCY OF BID AND PAYMENT

 BID VALIDITY AND BID SECURITY

 EVALUATION OF BIDS-TECHNICAL AND

ECONOMIC

 QUALIFICATION OF BIDDERS

 PERFORMANCE SECURITY

19

CONDITIONS OF CONTRACT-

IMPORTANT PROVISIONS

 CONTRACTORS RESPONSIBILITY

 EMPLOYERS RESPONSIBILITY

 SECURITIES

 TAXES AND DUTIES

 INTELLECTUAL PROPERTY

 SUBCONTRACTING

 PROCUREMENT –CONTRACTOR’S PLANT

EMPLOYER SUPPLIED PLANT

 CUSTOMS CLEARANCE

 COMPLETION OF FACILITIES

20

CONDITIONS OF CONTRACT-

IMPORTANT PROVISIONS

 COMMISSIONING AND OPERATIONAL

ACCEPTANCE

 PARTIAL ACCEPTANCE

 COMPLETION TIME GUARANTEE

 DEFECT LIABILITY

 FUNCTIONAL GUARANTEES

 PATENT INDEMNITY

 LIMITATION OF LIABILITY

 LOSS OF OR DAMAGE TO PROPERTY; ACCIDENT,

INJURY ETC.

 INSURANCE

21

CONDITIONS OF CONTRACT-

IMPORTANT PROVISIONS

 CHANGES IN FACILITIES

 SUSPENSION

 TERMINATION-FOR EMPLOYER’S

CONVENIENCE—CONTRACTOR’S DEFAULT—BY

CONTRACTOR

 ASSIGNMENT

 EXPORT RESTRICTIONS

 DISPUTES AND ARBITRATION—DRB—

ADJUDICATOR [BD FOR SUPPLY AND

INSTALLATION]

22

IMPORTANT PROCUREMENT ASPECTS

 BORROWERS REQUIREMENTS AND

PROCUREMENT STRATEGY-ARRANGEMENTS

 SPECIFICATIONS AND FUNCTIONAL

GUARANTEES

 BIDDER’S QUALIFICATIONS-PREQUALIFICATION

 PACKAGING

 BID PRICES

 BID OPENING

23

IMPORTANT PROCUREMENT ASPECTS

 BID EVALUATION

 SEQUENCE OF COMPLETION TAKING OVER AND

OPERATIONAL ACCEPTANCE OF FACILITY

 PAYMENT TERMS

 BIDDER’S COMPLAINTS

24

BORROWER’S REQUIREMENTS AND

PROCUREMENT STRATEGY—ARRANGEMENTS

 KEY FACTORS TO BE CONSIDERED AT PREPARATION AND

APPRAISAL:

BORROWER’S NEED ASSESSMENT-FEASIBILITY STUDY

SCOPE OF WORK –GREEN FIELD OR UPGRADING OR

REHABILITATION-IS INSTALLATION OR ONLY SUPERVISION OF

INSTALLATION-SIZE-COST-NATURE-COMPLEXITY-REASONABLE

COMPLETION TIME-NEED FOR EFFECTIVE COMPETITION

PAST EXPERIENCE OF IMPLEMENTING AGENCY IN HANDLING SUCH

PROCUREMENT

IN-HOUSE TECHNICAL EXPERTISE OF IMPLEMENTING AGENCY FOR

PREPARATION OF SPECIFICATIONS, MANAGEMENT AND

SUPERVISION OF CONTRACT-OPERATION OF THE PLANT-

INSPECTION INCLUDING STAGE INSPECTION AT FACTORY OR NEED

TO ENGAGE TECHNICAL EXPERT/FIRM

NEED FOR TRAINING

25

SPECIFICATIONS AND FUNCTIONAL

GUARANTEES

 SOME IMPORTANT CONSIDERATIONS

 SHOULD MEET PROJECT NEEDS

 IS IT TOO DEMANDING OR REASONABLE

HAS MARKET AVAILABILITY BEEN

CHECKED?

 IS IT TOO DETAILED DESIGN BASED-OR

CONCEPTUAL OR PERFORMANCE BASED?

26

SPECIFICATIONS AND FUNCTIONAL

GUARANTEES

 SOME IMPORTANT CONSIDERATIONS

 DESIRABLE CHARACTERISTICS MAY INCLUDE E.G.

MINIMUM GUARANTEED OUTPUT- PRODUCT

QUALITY AND APPLICABLE STANDARDS-PLANT

PERFORMANCE FACTORS -RELIABILITY-

FUNCTIONAL GUARANTEES-PLANT AVAILABILITY–

OPERATIONAL FLEXIBILITY AND SUCH OTHER

CRITERIA AS RELEVANT

27

SPECIFICATIONS AND FUNCTIONAL

GUARANTEES

 SOME IMPORTANT CONSIDERATIONS

DESIRABLE TO PROVIDE FOR COMPETITION BASED ON LIFE CYCLE

COST AND TO SPECIFY RELATED TECHNICAL PARAMETERS E.G.

 ENGINEERING CALCULATION AND WHERE APPROPRIATE

FORMULA TO DETERMINE MONETARY IMPACT FOR AN INCREASE

OR DECREASE OF EFFICIENCY ABOVE OR BELOW THE MINIMUM

REQUIRED OR IN COMPARISON WITH THE HIGHEST EFFICIENCY

OFFERED BY ANY BIDDER

DESIRABLE TO PROVIDE FUNCTIONAL GUARANTEES SUCH AS

MINIMUM ACCEPTABLE PRODUCTION CAPACITY AND/OR

MAXIMUM LEVELS OF CONSUMPTION OF RAW MATERIALS AND

UTILITIES AND RESPECTIVE ENGINEERING CALCULATIONS FOR

CLAIMING LIQUIDATED DAMAGES IN CASE OF FAILURE OF

CONTRACTOR TO ACHIEVE CAPACITY SPECIFIED IN THE

CONTRACT—RATE OF LIQUIDATED DAMAGES SHOULD NOT BE

LESS THAN THE RATE USED FOR PURPOSES OF BID EVALUATION

AGGREGATE LIQUIDATED DAMAGES GENERALLY MAY NOT

EXCEED 10% OF THE TOTAL VALUE OF THE CONTRACT

28

LIFE CYCLE COST METHODS

 COST TO OWN AND OPERATE ITEM DURING ITS

USEFUL LIFE

 INITIAL PURCHASE PRICE

 ADJUSTED FOR EXTRAS, DELIVERY, VARIATIONS IN PAYMENT

TERM, ETC.

 VALUE OF ADJUSTMENTS ADDED TO BID PRICE

OPERATING COST DURING LIFE OF ITEM

 FUEL, SPARE PARTS, MAINTENANCE, (X YEARS)

 ANNUAL COSTS DISCOUNTED TO NPV

OWNERSHIP COST DURING LIFE OF ITEM

 ECONOMICAL USEFUL LIFE (X YEARS)

RESALE OR SCRAP VALUE DISCOUNTED TO NPV

29

LIFE CYCLE COST METHODS

 EFFICIENCY COST METHOD

 CAPITALIZE DIFFERENCES IN EFFICIENCY IN

OPERATION OF ITEMS, i.e. Boiler, Turbine,

Transformer, etc., DURING LIFE

 PRODUCTIVITY COST METHOD

 DETERMINE LIFE CYCLE COST PER UNIT OF

OUTPUT FOR COMPARISON PURPOSES

 LIFE CYCLE COST OF PLANT (X YEARS) NPV

DIVIDED BY TOTAL UNIT OUTPUT OF PLANT

30

LIFE CYCLE COST METHODS

EVALUATION USING LIFE CYCLE COSTING FOR THE

PROCUREMENT OF A 500 MW COAL-FIRED POWER STATION

BOILER COMPLEX

BIDS WILL BE EVALUATED ON LIFE CYCLE PRINCIPLES BY

EVALUATING THE INITIAL COST AND THE COST OF OPERATION

OF THE PLANT OVER A PERIOD OF 20 YEARS. THE EVALUATION

OF THE OPERATING COSTS WILL BE BASED ON THE

CAPITALIZED COST FOR EACH PERCENT OF BOILER EFFICIENCY

ABOVE THE MINIMUM ACCEPTABLE, AS SPECIFIED IN THE

TECHNICAL SPECIFICATION, DISCOUNTED TO PRESENT VALUE

AT A DISCOUNT RATE OF 10 PERCENT. THE EVALUATION WILL

BE ON THE FOLLOWING NORMS:

31

LIFE CYCLE COST METHODS

EVALUATION USING LIFE CYCLE COSTING FOR THE

PROCUREMENT OF A 500 MW COAL-FIRED POWER STATION

BOILER COMPLEX

1. BID PRICE FOR THE BOILER AND MANDATORY SPARES.

2. PRICE FOR SPARES REQUIRED FOR THE FIRST FIVE YEARS OF

OPERATIONS, CAPITALIZED TO PRESENT VALUE AT 10

PERCENT DISCOUNT.

3. ADJUSTMENTS TO BID PRICE FOR OMISSIONS, DEVIATION

AND EXCEPTIONS TO TECHNICAL AND COMMERCIAL

CONDITIONS IN THE BIDDING DOCUMENTS.

4. CAPITALIZED COST SAVINGS FOR BOILER EFFICIENCY AT THE

RATE OF US$500,000 PER EACH 0.1 PERCENT ABOVE 80

PERCENT.

5. CAPITALIZED COST FOR THE AUXILIARY POWER

CONSUMPTION AT US$2,000 PER KW.

32

LIFE CYCLE COST METHODS

EVALUATION USING LIFE CYCLE COSTING FOR THE PROCUREMENT OF A 500

MW COAL-FIRED POWER STATION BOILER COMPLEX

1. INITIAL COSTS

ALL FIGURES IN USD

(IN THOUSANDS)

A C

TOTAL QUOTED PRICE, INCLUDING 185,000 200,000

MANDATORY SPARES

2. ADJUSTMENTS

3,000 --(A) FOR OMISSIONS IN MANDATORY

SPARES

(B) COMMERCIAL EXCEPTIONS

(delivery, payment terms)

15,500 12,000

(C) TECHNICAL EXCEPTIONS 28,000 24,000

(omission of equipment, capacity shortage, etc.)

INITIAL COST 231,500 236,000

33

LIFE CYCLE COST METHODS

EVALUATION USING LIFE CYCLE COSTING FOR THE PROCUREMENT OF A 500

MW COAL-FIRED POWER STATION BOILER COMPLEX

ALL FIGURES IN USD

(IN THOUSANDS)

A C 3. ADJUSTMENTS FOR

FOLLOW-ON COSTS

(A)CAPITALIZED COST OF SPARES

FOR FIVE YEARS

(B) CAPITALIZED COST SAVING

FOR HIGHER EFFICIENCY

( C) CAPITALIZED COST OF AUXILIARY

POWER CONSUMPTION

TOTAL ADJUSTMENT FOR

FOLLOW-ON COST

4. TOTAL EVALUATED COST ON

LCC PRINCIPLES

RANKING

40,000

-12,000

5,000

33,000

264,500

2

-18,000

7,000

17,000

253,000

1

28,000

34

LIFE CYCLE COST METHODS

BID EVALUATION USING LIFE CYCLE COSTING

OIL PALM PLANT

THE EVALUATION AND COMPARISON OF RESPONSIVE

BIDS SHALL BE BASED ON THE TOTAL LIFE CYCLE

COST FOR SIX YEARS, PER UNIT OF OUTPUT. THE LIFE

CYCLE COST SHALL BE THE SUM OF THE INITIAL

PURCHASE PRICE OF THE PLANT AND THE COST OF

OPERATION IN ELECTRIC ENERGY FOR SIX YEARS OF

OPERATION OF A UNIT COST OF US$0.10 PER KWH,

DISCOUNTED TO PRESENT VALUE AT 12 PERCENT.

35

LIFE CYCLE COST METHODS

BID EVALUATION AND COMPARISON

ALL FIGURES IN USD (IN THOUSANDS)

1. INITIAL COST

2. OPERATING COST PER YEAR

OPERATING COST FOR 6 YEARS

NPV AT 12 PERCENT

A

9,500

(1,200)

4,933

B

10,300

(1,000)

4,111

3. TOTAL LIFE CYCLE COST

4. OUTPUT PER YEAR (TONS)

14,433 14,411

3,600 4,000

5. EVALUATED COST PER TON OF OUTPUT 4.01

6. RANKING 2

3.60

1

A-12 MILLION KWH @ .10 PER KWH

B-10 MILLION KWH @ .10 PER KWH

36

BIDDER’S QUALIFICATIONS-

PREQUALIFICATION

 QUALIFICATION AND EXPERIENCE REQUIREMENTS

WILL DEPEND ON NATURE AND COMPLEXITY

 SHOULD NOT BE SET TOO HIGH OR TOO MANY

 KEEP IN VIEW INDUSTRY PRACTICES FOR

CONSTRUCTION OF REQUIRED FACILITIES IN

DESIGNING MINIMUM QUALIFICATION CRITERIA

 SPECIFY RELEVANT AND REASONABLE MINIMUM

CRITERIA FOR BIDDER’S TECHNICAL CAPABILITY,

FINANCIAL RESOURCES AND PAST EXPERIENCE

INCLUDING THAT REQUIRED FOR MANUFACTURERS

AND SUBCONTRACTORS OF CRITICAL ITEMS

 INCLUDE STANDARD FORM OF MANUFACTURER’S

AUTHORIZATION (NOT IN SBD FOR S&I)

37

BIDDER’S QUALIFICATIONS-

PREQUALIFICATION

DECIDE EARLY ON PREQUALIFICATION AT PREPARATION

OR APPRAISAL

GIVEN LARGE VALUE AND COMPLEXITY, COST OF

PREPARING BIDS BEING HIGH, TO SOLICIT INTEREST OF

QUALIFIED BIDDERS AND TO ASCERTAIN EXPECTED LEVEL

OF COMPETITION, PREQUALIFICATION IS NORMALLY

REQUIRED AND RECOMMENDED

IN CERTAIN CASES E.G. WHERE COST OF PREPARING BIDS

IS NOT VERY HIGH OR OTHER JUSTIFIABLE REASONS E.G.

URGENCY-- PREQUALIFICATION MAY BE OMITTED IN A

TWO STAGE BIDDING

FOLLOW ALL STANDARD RULES AND PROCEDURES FOR

PREQUALIFICATION AS PER GUIDELINES AND STANDARD

PREQUALIFICATION DOCUMENT

38

BIDDER’S QUALIFICATIONS-

PREQUALIFICATION

MAIN CRITERIA

GENERAL EXPERIENCE

SPECIFIC EXPERIENCE IN CONSTRUCTION OF SIMILAR FACILITIES –HOW

MANY AND HOW FAR BACK IN TIME HAVING SUCCESSFULLY

COMPLETED? ANY OTHER SPECIFIC WORK EXPERIENCE UNIQUE TO

PROCUREMENT IN QUESTION

MANUFACTURER’S AUTHORIZATION FOR MAJOR ITEMS NOT

MANUFACTURED BY CONTRACTOR AND/OR OTHER RELEVANT

DOCUMENTS SUCH AS LICENSING AGREEMENTS WITH

MANUFACTURERS

MINIMUM QUALIFICATION REQUIREMENT FOR MAJOR ITEMS

INCLUDING THOSE PERMITTED OR LIKELY TO BE OFFERED BY

SUBCONTRACTORS

IF LONG TERM OPERATION AND/OR MAINTENANCE SERVICES ARE

REQUIRED THEN DEMONSTRATED EXPERIENCE FOR SUCH SERVICES

OVER A PERIOD OF TIME

FINANCIAL RESOURCES—AVERAGE CONSTRUCTION TURNOVER

INCLUSIVE OF INSTALLATION AND OTHER SERVICES AND CASH FLOW

PERSONNEL AND EQUIPMENT IS CHECKED AT PRICE BID STAGE

39

PACKAGING

 IMPORTANT CONSIDERATIONS

 OTHER FINANCIERS-- PARALLEL OR JOINT FINANCING –

AGREE ON BIDDING AND REVIEW PROCEDURES

 TO THE EXTENT PRACTICAL PACKAGING SHOULD BE

SUCH THAT MANUFACTURERS OF MAJOR PLANT AND

EQUIPMENT FOR FACILITY WOULD BE ABLE TO

PARTICIPATE BY OBTAINING ITEMS THEY DO NOT

MANUFACTURE FROM OTHER SOURCES ESPECIALLY IF

OUTSOURCED ITEMS DO NOT BELONG TO A

DIFFERENT CLASS OF INDUSTRY WHERE A SEPARATE

PACKING WOULD BE TECHNICALLY FEASIBLE

 VERY LARGE PACKAGES MAY REDUCE COMPETITION

DUE TO CAPACITY LIMITATIONS

40

BID PRICES

 BID PRICES SHALL BE INVITED AS FOLLOWS:

(SCHEDULES OF RATES AND PRICES IN SBD)

1.

2.

3.

4.

5.

6.

SCHEDULE 1-CIP FOR PLANT AND MANDATORY SPARES

SUPPLIED FROM ABROAD

SCHEDULE 2-EXW FOR PLANT AND MANDATORY SPARES

SUPPLIED FROM WITHIN EMPLOYER’S COUNTRY

SCHEDULE 3-DESIGN SERVICES

SCHEDULE 4-INSTALLATION AND OTHER SERVICES [OTHER

SERVICES TO INCLUDE TRANSPORTATION, INSURANCE,

TEMPORARY WORKS, OTHER CIVIL WORKS, OPERATION AND

MAINTENANCE SERVICES, TRAINING, ETC. INCLUDING ALL

TAXES AND DUTIES ON SUCH SERVICES]

SCHEDULE 5-GRAND SUMMARY TOTAL OF SCHEDULES 1 TO 4

SCHEDULE 6-BIDDER’S RECOMMENDED SPARE PARTS [NOT TO

BE INCLUDED FOR BID EVALUATION]

41

BID OPENING

 ALL BID OPENING WHETHER SINGLE OR TWO

STAGE BIDDING ARE PUBLIC BID OPENING

 STRICTLY FOLLOW THE RULES IN THE BIDDING

DOCUMENTS AND OPEN BIDS ACCORDINGLY AT

THE DESIGNATED PLACE AND AT THE SPECIFIED

TIME AND DATE

 GOOD PRACTICE IS TO ALSO READ ALOUD

 OPERATING COSTS WHERE APPLICABLE

 FUNCTIONAL AND OTHER GUARANTEE

PARAMETERS AND EFFICIENCIES OFFERED BY

BIDDERS

42

BID EVALUATION

 SINGLE STAGE—

 DETERMINATION OF SUBSTANTIAL

RESPONSIVENESS

 NON-MATERIAL NON-CONFORMITIES

 ARITHMETICAL CORRECTIONS

 CONVERSION TO SINGLE CURRENCY (USUALLY

USING DATE OF BID OPENING TO BE SPECIFIED IN

BD)

 NO DOMESTIC PREFERENCE APPLIES

43

BID EVALUATION-CONTINUED

 SINGLE STAGE BIDDING

 TECHNICAL EVALUATION

 MEETS MINIMUM ACCEPTABLE STANDARDS AND

PARAMETERS OF BD?

 MEETS FUNCTIONAL GUARANTEES AS PER BD?

 SUITABILITY IN TERMS OF ENVIRONMENTAL AND

CLIMATIC CONDITIONS SPECIFIED IN BD?

IF THE BID DOES NOT MEET MINIMUM ACCEPTABLE STANDARDS OF

COMPLETENESS, CONSISTENCY AND DETAILS AND SPECIFIED

MINIMUM (OR MAXIMUM, IF APPLICABLE) REQUIREMENTS FOR

FUNCTIONAL GUARANTEES THE BID WILL BE REJECTED AS NON-

RESPONSIVE

NO CLARIFICATIONS CAN BE ASKED OR PERMITTED THAT WILL

CHANGE THE SUBSTANCE OR PRICE OF THE BID

ALTERNATIVE BIDS IF ALLOWED IN BD IT WILL BE EVALUATED

44

BID EVALUATION-CONTINUED

 SINGLE STAGE

 ECONOMIC EVALUATION

BID PRICE EXCLUDING PROVISIONAL SUM AND CONTINGENCY IN

PRICE SCHEDULES

ADJUSTED FOR ARITHMETICAL CORRECTIONS

ADJUSTED FOR DISCOUNTS

ADJUSTMENT FOR QUANTIFIABLE NONMATERIAL

NONCONFORMITIES

CONVERSION TO SINGLE CURRENCY

ANY OTHER EVALUATION FACTORS AS PER SECTION III OF THE

BD

PRICE ADJUSTMENT AS ALLOWED UNDER PRICE ADJUSTMENT

CLAUSE OF THE CONDITIONS OF CONTRACT IS NOT TAKEN INTO

ACCOUNT

AWARD WILL BE MADE TO THE LOWEST EVALUATED BIDDER

DETERMINED QUALIFIED AS PER SPECIFIED CRITERIA

45

BID EVALUATION-CONTINUED

 TWO STAGE BIDDING

 FIRST STAGE TECHNICAL EVALUATION

 CHECK FOR COMPLETENESS IF GENERALLY IN

ORDER

 BIDS FOUND NON-RESPONSIVE OR NOT

MEETING THE MINIMUM LEVELS OF

PERFORMANCE OR OTHER CRITERIA OF THE BD

WILL BE REJECTED

 PRELIMINARY EXAMINATION OF ALTERNATIVE

BIDS

 DETAILED TECHNICAL AND COMMERCIAL

EVALUATION WILL BE CARRIED OUT FOR

REMAINING BIDS THAT PASSED THE TEST OF

SUBSTANTIAL RESPONSIVENESS

46

BID EVALUATION-CONTINUED

 TWO STAGE BIDDING

 FIRST STAGE TECHNICAL EVALUATION

CLARIFICATION OF FIRST STAGE TECHNICAL

PROPOSALS

EMPLOYER MAY HOLD CLARIFICATION MEETINGS WITH

BIDDERS ONE ON ONE AND ALSO ASK IN WRITING

BIDDERS WILL BE INFORMED ANY AMENDMENTS OR

CHANGES THAT THEY SHOULD MAKE IN THEIR

TECHNICAL PROPOSALS AND ALSO ANY UNACCEPTABLE

COMMERCIAL DEVIATIONS THAT SHOULD BE

WITHDRAWN AT THE SECOND STAGE SUBMISSION

EMPLOYER MAY ISSUE AN AMENDMENT TO BD

EMPLOYER WILL ISSUE TO EACH BIDDER A MEMORANDUM

“CHANGES REQUIRED PURSUANT TO FIRST STAGE

EVALUATION” GOOD PRACTICE IS THAT MEMORANDUM

IS SIGNED BY BOTH PARTIES

47

BID EVALUATION-CONTINUED

 TWO STAGE BIDDING

 SECOND STAGE BID EVALUATION

 BID IS DETERMINE SUBSTANTIAL RESPONSIVE IF IT HAS

PROPERLY INCORPORATED ALL MODIFICATIONS LISTED

IN MEMORANDUM “CHANGES REQUIRED PURSUANT TO

FIRST STAGE EVALUATION WITHOUT ANY MATERIAL

DEVIATIONS, RESERVATIONS OR OMISSIONS

 SECOND STAGE BID CONTAINING TECHNICAL OR

COMMERCIAL ALTERNATIVES NOT SUBMITTED AS PART

OF FIRST STAGE TECHNICAL PROPOSAL WILL BE

TREATED AS NON-RESPONSIVE

 REST OF THE BID EVALUATION AND AWARD

PROCEDURES IS SIMILAR TO SINGLE STAGE BIDDING

48

SEQUENCE OF COMPLETION TAKING OVER AND

OPERATIONAL ACCEPTANCE OF FACILITY

FLOW CHART (ATTACHED)

 PLANT PHYSICALLY AND STRUCTURALLY COMPLETED

 PRE-COMMISSIONING

 COMPLETION CERTIFICATE IS ISSUED

 EMPLOYER TAKES OVER AND RESPONSIBLE FOR CARE

AND CUSTODY

 COMMISSIONING AND/OR GUARANTEE TESTS

 OPERATIONAL ACCEPTANCE

 DEFECT LIABILITY PERIOD STARTS AT COMPLETION

OF FACILITY

49

Flow Chart

50

TERMS OF PAYMENT

 SUPPLY ITEMS

 10 % ADVANCE

 80% UPON SHIPMENT(CIP)/DELIVERY TO CARRIER

(EXW)

 5% ISSUE OF COMPLETION CERTIFICATE

 5% ISSUE OF OPERATIONAL ACCEPTANCE CERTIFICATE

DESIGN SERVICES

 10% ADVANCE

 90% PRORATE

 INSTALLATION SERVICES

 10% ADVANCE

 80% UPON INSTALLATION WORK PERFORMED

 5% ISSUE OF COMPLETION CERTIFICATE

 5% ISSUE OF OPERATION ACCEPTANCE CERTIFICATE

51

BIDDER’S COMPLAINTS

 TAKE ALL COMPLAINTS SERIOUSLY

 ENTER IN COMPLAINT DATA BASE

 REPORT TO RPM AND OPRC FOR CASES

REQUIRING OPRC APPROVAL

 OBTAIN BORROWER’S CLARIFICATIONS AND

ENSURE THAT BANK’S NO-OBJECTION IS GIVEN

ONLY AFTER ALL ISSUES RAISED HAVE BEEN

ADDRESSED SATISFACTORILY

 REPORT TO RPM/INT IN CASES OF FRAUD OR

CORRUPTION ALLEGATIONS

 BEFORE SUGGESTING DEBRIEFING CONSULT RPM

52

Differences among Goods, Works and Design

Supply & Installation

Goods Works Design Supply and

Install

SINGLE STAGE BIDDING SINGLE STAGE BIDDING SINGLE AND TWO-

STAGE BIDDING

CONTRACT FOR

SPECIFIC QUANTITY OF

EACH ITEM

CONTRACT FOR

ESTIMATED QUANTITY

OF EACH ITEM

CONTRACT FOR

SPECIFIC QUANTITY OF

EACH ITEM

CONTRACT DOES NOT

PROVIDE FOR

VARIATIONS IN

QUANTITY

BID EVALUATION

EXCLUDING TAXES

AND DUTIES

CONTRACT PROVIDES

FOR VARIATION IN

QUANTITY WHICH IS

COMMON (VARIATION

ORDER)

BID EVALUATION

INCLUSIVE OF ALL

TAXES AND DUTIES

CONTRACT PROVIDES

FOR CHANGES IN

FACILITIES

BID EVALUATION

EXCLUDES TAXES AND

DUTIES FOR SUPPLY

ITEMS BUT INCLUDES

FOR OTHER SERVICES

53

Goods

Differences among Goods, Works and

Design Supply & Installation

Works

TYPE OF CONTRACT –

CONTRACT FOR SALE

ADMEASUREMENT

TYPE OF CONTRACT

Design Supply and

Install

MIX OF PROVISIONS OF

BOTH GOODS AND

WORKS

PRICE ADJUSTMENT

CLAUSE EXCLUDES

PAYMENT OF ADVANCE

PRICE ADJUSTMENT

CLAUSE APPLIES FOR

TOTAL VALUE OF

CONTRACT

COMMISSIONING IS

NOT APPLICABLE

BORROWERS MAY

APPLY DOMESTIC

PREFERENCE IN ICB

COMMISSIONING IS

NOT APPLICABLE

ELIGIBLE COUNTRIES

MAY APPLY DOMESTIC

PREFERENCE IN ICB

PRICE ADJUSTMENT

CLAUSE EXCLUDES

ADVANCE PAYMENTS

COMMISSIONING

REQUIRED

DOMESTIC

PREFERENCE IS NOT

ALLOWED

54

WATCH LIST TO AVOID COMMON

PROBLEMS

 DO IMPLEMENTING AGENCIES HAVE REQUIRED TECHNICAL EXPERTISE I) TO

PREPARE SPECIFICATIONS THAT WILL MEET THE PROJECT NEEDS AND ALSO

ENSURE BROADEST POSSIBLE COMPETITION AND TO EVALUATE TECHNICAL

PROPOSALS WHEN RECEIVED; AND II) FOR INSPECTION AND SUPERVISION OF

CONTRACT DURING IMPLEMENTATION? IF NOT LET CONSULTANT (S) BE HIRED

 DO BANK TASK TEAMS HAVE REQUIRED TECHNICAL EXPERTISE I)TO REVIEW

WHETHER BORROWER’S SPECIFICATIONS ARE CORRECT, REASONABLE,

UNAMBIGUOUS, FREE FROM ANY BIASES AND WILL MEET PROJECT NEEDS; AND

II) TO SUPERVISE TECHNICAL ASPECTS ARISING DURING BID EVALUATION AND

CONTRACT IMPLEMENTATION? IF NOT ENGAGE EXTERNAL EXPERT

 PLAN ADVANCE PROCUREMENT ACTION AND DECIDE EARLY ABOUT BIDDING

STRATEGY

 PRIOR REVIEW MINUTES OF PRE-BID MEETINGS AND CLARIFICATIONS

PROVIDED BY BORROWERS AT BID PREPARATION STAGE

55

WATCH LIST TO AVOID COMMON

PROBLEMS

 TRAIN AND FAMILIARIZE BORROWER AND THEIR CONSULTANTS

ABOUT BANK GUIDELINES AND BIDDING DOCUMENTS

 EMPLOYER SHOULD DESIGN SIMPLIFIED AND REASONABLE

QUALIFICATION REQUIREMENTS

 PARTICULAR ATTENTION TO PRICE SCHEDULES ESPECIALLY “OTHER

SERVICES” AND “CIVIL WORKS” TO BE QUOTED ON LUMP-SUM BASIS

 CAREFULLY REVIEW REASONS FOR REJECTION OF LOW BIDS

 IN A TWO STAGE BIDDING REVIEW CAREFULLY THE FIRST STAGE

TECHNICAL EVALUATION REPORT AS MANY PROBLEMS ARISE DUE TO

REJECTION OF POTENTIALLY RESPONSIVE BIDS

 BEFORE MOVING FROM FIRST STAGE TO THE SECOND STAGE ENSURE

BORROWER HAS CONSIDERED AND OBTAINED CLARIFICATIONS ON

ALL COMMERCIAL AND TECHNICAL ASPECTS OF THE BID AND EACH

BIDDER WAS INFORMED BY MOU ALL COMMERCIAL RESERVATIONS

THAT NEED TO BE WITHDRAWN AND AMENDMENTS TO MADE IN

THEIR TECHNICAL SPECIFICATIONS WHILE SUBMITTING FINAL

SECOND STAGE BID CONTAINING UPDATED TECHNICAL

SPECIFICATIONS AND PRICE

56

WATCH LIST TO AVOID COMMON

PROBLEMS

 WATCH FOR INTERNAL INCONSISTENCIES IN TECHNICAL AND

FINANCIAL PROPOSALS OF BIDDERS

 CAREFULLY CHECK OPERATIONAL AND MAINTENANCE COST AS

THEY REPRESENT A SIGNIFICANT PROPORTION BY VALUE FOR

EVALUATION PURPOSES

 CAREFULLY ADDRESS DEVIATIONS IN BIDS AS BIDDERS USE

TRICKY LANGUAGES WHICH MAY HAVE DIFFERENT

INTERPRETATIONS --CONSULT RPM AND LEGAL IF NECESSARY

 PRIOR REVIEW DRAFT CONTRACTS ESPECIALLY OF HIGH VALUE

AND IF BID EVALUATION WAS COMPLEX AND BORROWER’S

PROPOSALS WERE QUESTIONED IN THE FIRST REVIEW—

CONTRACT SIGNED SHOULD BE CONSISTENT WITH BID

SUBMITTED AND THE FORM OF CONTRACT ATTACHED TO THE

BIDDING DOCUMENT

 BORROWERS TO BE CAREFUL IN TAKING OVER OF PLANT AFTER

COMPLETION CERTIFICATE AND IF MAJOR DEFICIENCIES

REMAIN COMPLETION CERTIFICATE SHOULD NOT BE ISSUED

57

WATCH LIST TO AVOID COMMON

PROBLEMS

ISSUES CONCERNING CONFLICT OF INTEREST AND ELIGIBILITY

DO ARISE QUITE OFTEN AND SHOULD BE HANDLED WITH

GREAT CARE --BEFORE CONCLUDING BANK’S POSITION AT PRE-

OR POST BID STAGE RPM/OPCPR OR OTHER SENIOR

PROCUREMENT STAFF AND/OR LEGAL SHOULD BE CONSULTED

CONTRACT DISPUTE REVIEW MECHANISM SHOULD BE

OPERATIONAL AS SOON AS POSSIBLE (DRB OR ADJUDICATOR)

PROMPTLY REVIEW ALL ASPECTS OF ANY COMPLAINT FROM

BIDDERS

BORROWERS SHOULD USE BANK’S SAMPLE EVALUATION FORM

AND PROVIDE ANY ADDITIONAL INFORMATION AS

APPROPRIATE

BORROWERS SHOULD AVOID DELAYS IN BID EVALUATION AND

AWARD OF CONTRACTS LIKEWISE BANK SHOULD REVIEW AND

RESPOND PROMPTLY AS PER BANK’S SERVICE STANDARDS

58

DESIGN, SUPPLY AND INSTALLATION

THANK YOU FOR YOUR

ATTENTION

Sunil Bhattacharya

59

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