REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

MINISTÉRIO DO PLANEAMENTO E INVESTIMENTO ESTRATÉGICO

IX GOVERNO CONSTITUCIONAL

COMISSÃO NACIONAL DE APROVISIONAMENTO

BIDDING DOCUMENT

PROCUREMENT OF WORKS

SUPPLY AND INSTALLATION NEW

MV, LV LINE 20KV/0.4KV AND
TRANSFORMER OF POWER
DISTRIBUTION NETWORK AT DILI
(FEEDER 1, 4, 5, 6 & 6-4)

TENDER/018/EDTL E.P. -2024

DATE: June 2024

Table of Contents

Part I Bidding Procedures

Section 1 – Instructions to Bidders (ITB) …………………………………. 1-1

Section 2 – Bid Data Sheet (BDS) ………………………………………… 2-1

Section 3 – Evaluation and Qualification Criteria (EQC) …………………. 3-1

Section 4 – Bidding Forms (BDF) ………………………………………… 4-1

Section 5 – Eligible Countries (ELC) ……………………………………… 5-1

Part II Requirements

Section 6 – Works’ Requirements (WRQ) ………………………………… 6-1

Part III Conditions of Contract and Contract Forms

Section 7 – General Conditions of Contract (GCC) …………………….… 7-1

Section 8 – Particular Conditions of Contract (PCC) ……………………… 8-1

Section 9 – Contract Forms (COF) ………………………………………… 9-1

Section 1: Instructions to Bidders 1-1

Section 1: Instructions to Bidders

This section specifies the procedures to be followed by Bidders in the preparation and
submission of their Bids. Information is also provided on the submission, opening, evaluation
of bids, and award of contract.

Table of Clauses

A. General ................................................................................................................................ 3

1. Scope of Bid .......................................................................................................................... 3

2. Source of Funds ..................................................................................................................... 3
3. Fraud and Corruption ............................................................................................................. 3
4. Eligible Bidders ..................................................................................................................... 5
5. Eligible Materials, Equipment and Services .............................................................................. 7

B. Contents of Bidding Document ............................................................................................. 8

6. Sections of Bidding Document ................................................................................................ 8

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting................................................. 8
8. Amendment of Bidding Document ........................................................................................10

C. Preparation of Bids ............................................................................................................ 10

9. Cost of Bidding ....................................................................................................................10

10. Language of Bid...................................................................................................................10
11. Documents Comprising the Bid .............................................................................................10
12. Letters of Bid and Schedules .................................................................................................11
13. Alternative Bids ...................................................................................................................11
14. Bid Prices and Discounts ......................................................................................................12
15. Currencies of Bid and Payment .............................................................................................13
16. Documents Comprising the Technical Proposal ......................................................................14
17. Documents Establishing the Qualifications of the Bidder .........................................................14
18. Period of Validity of Bids .....................................................................................................15
19. Bid Security/Bid-Securing Declaration ..................................................................................15
20. Format and Signing of Bid ....................................................................................................16

D. Submission and Opening of Bids......................................................................................... 17

21. Sealing and Marking of Bids .................................................................................................17

22. Deadline for Submission of Bids ...........................................................................................18
23. Late Bids .............................................................................................................................18
24. Withdrawal, Substitution, and Modification of Bids ................................................................18
25. Technical Bid Opening .........................................................................................................19

E. Evaluation and Comparison of Bids ................................................................................... 20

Evaluation of Bids- General Provisions .................................................................................................. 20

26. Confidentiality .....................................................................................................................20

27. Clarification of Bids .............................................................................................................21
28. Deviations, Reservations, and Omissions ...............................................................................21

Evaluation of Technical Bids ........................................................................ Error! Bookmark not defined.

29. Examination of Technical Bids .............................................................................................21

30. Responsiveness of Technical Bid ...........................................................................................22
31. Nonmaterial Nonconformities ...............................................................................................22
32. Qualification of the Bidder ....................................................................................................22
Section 1: Instructions to Bidders 1-2

33. Subcontractors .....................................................................................................................23

34. Opening and Evaluation of Price Bids ....................................................................................23
35. Correction of Arithmetical Errors ..........................................................................................24
36. Conversion to Single Currency ..............................................................................................25
37. Domestic Preference.............................................................................................................25
38. Evaluation and Comparison of Price Bids ...............................................................................25
39. Abnormally Low bids ...........................................................................................................25
40. Unbalanced or Front-Loaded Bids .........................................................................................26
41. Combined Evaluation ...........................................................................................................27
42. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ........................................27
43. Notice of Intention for Award of Contract ..............................................................................27

F. Award of Contract ............................................................................................................. 27

44. Award Criteria .....................................................................................................................27

45. Notification of Award ...........................................................................................................28
46. Signing of Contract ..............................................................................................................28
47. Performance Security ...........................................................................................................28
48. Bidding-Related Complaints .................................................................................................28
 Section 1: Instructions to Bidders 1-3

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in the
Bid Data Sheet (BDS), the Employer, as indicated in the BDS,
issues this Bidding Document for the procurement of Works as
specified in Section 6 (Works’ Requirements). The name,
identification, and number of contracts of the international
competitive bidding (ICB) are provided in the BDS.

1.2 Throughout this Bidding Document,

(a) the term “in writing” means communicated in written form

and delivered against receipt;
(b) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular; and
(c) “day” means calendar day.
2. Source of Funds 2.1 The Employer has allocated funds from its current budget year
appropriations toward the cost of the project named in the BDS.
The Employer intends to apply a portion of the funds to eligible
payments under the contract(s) for which this Bidding Document
is issued.

2.2 Payments by the Employer will be made only at the request of

the Contractor in accordance with the terms and conditions of the
Contract Agreement between the Employer and Contractor, and
will be subject in all respects to the terms and conditions of that
Contract Agreement.

3. Fraud and 3.1 Employer requires Bidders, Suppliers, and Contractors, agents,
Corruption subcontractors, subconsultants, service providers, sub-suppliers,
manufacturers (including their respective officers, directors,
employees and personnel) to observe the highest standard of
ethics during the procurement and execution of such contracts in
accordance with the following Anticorruption Rules. In
pursuance of these rules, Employer

(a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” means the offering, giving,
receiving, or soliciting, directly or indirectly, anything
of value to influence improperly the actions of another
party;
(ii) “fraudulent practice” means any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an
obligation;
(iii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly,
Section 1: Instructions to Bidders 1-4

any party or the property of the party to influence

improperly the actions of a party;
(iv) “collusive practice” means an arrangement between
two or more parties designed to achieve an improper
purpose, including influencing improperly the actions
of another party;
(v) “abuse” means theft, waste, or improper use of assets
related to Employer related activity, either committed
intentionally or through reckless disregard;
(vi) “conflict of interest” means any situation in which a
party has interests that could improperly influence that
party’s performance of official duties or
responsibilities, contractual obligations, or
compliance with applicable laws and regulations; and
(vii) “integrity principals" means any act, as defined under
transparency, good management, prevention of
misconduct, compliance and monitoring
accountability and control, including (i) to (vi) above
and including failure to adhere to the highest ethical
standards.
(b) will reject a proposal for award if it determines that the
Bidder recommended for award or any of its officers,
directors, employees, personnel, subconsultants,
subcontractors, service providers, suppliers or
manufacturers has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity principles violations in
competing for the Contract;
(c) will cancel the procurement if it determines at any time that
representatives of the Employer engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or
other integrity principles violations during the procurement
or the execution of that contract;
(d) will impose remedial actions on a firm or an individual, at
any time, in accordance with Anticorruption Rules and
Integrity Principles and Guidelines, including declaring
ineligible, either indefinitely or for a stated period of time,
to participate1 in Employer -financed, -administered, or -
supported activities or to benefit from an Employer -
financed, -administered, or -supported contract, financially
or otherwise, if it at any time determines that the firm or
individual has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity principles violations; and
(e) will have the right to require that a provision be included in
bidding documents and in contracts financed, administered,
1
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any
other capacity (different names are used depending on the particular Bidding Document).
 Section 1: Instructions to Bidders 1-5

or supported by Employer, requiring Bidders, suppliers and

contractors, consultants, manufacturers, service providers
and other third parties engaged or involved in Employer -
related activities, and their respective officers, directors,
employees and personnel, to permit Employer or its
representative to inspect the site and their assets, accounts
and records and other documents relating to the bid
submission and contract performance and to have them
audited by auditors appointed by Employer.
3.2 All Bidders, consultants, contractors, suppliers, manufacturers,
service providers, and other third parties engaged or involved in
Employer related activities, and their respective officers,
directors, employees and personnel, are required to cooperate
fully in any investigation when requested by Employer to do so.
As determined on a case-by-case basis by Employer, such
cooperation is set out in detail in the Integrity Principles and
Guidelines.

3.3 All Bidders, consultants, contractors and suppliers shall require

their officers, directors, employees, personnel, agents to ensure
that, in its contracts with its subconsultants, Subcontractors, and
other third parties engaged or involved in Employer related
activities, such subconsultants, Subcontractors, and other third
parties similarly are required to cooperate fully in any
investigation when requested by Employer to do so.

3.4 The Employer hereby puts the Bidder on notice that the Bidder
or any Joint Venture partner of the Bidder (if any) may not be
able to receive any payments under the Contract if the Bidder or
any of its Joint Venture partners, as appropriate, is, or is owned
(in whole or in part) by a person or entity subject to applicable
sanctions.

4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government-
owned enterprise subject to ITB 4.5 or any combination of them
with a formal intent to enter into an agreement or under an
existing agreement in the form of a Joint Venture. In the case of
a Joint Venture,

(a) all partners shall be jointly and severally liable; and

(b) the Joint Venture shall nominate a Representative who shall
have the authority to conduct all business for and on behalf
of any and all the parties of the Joint Venture during the
bidding process and, in the event the Joint Venture is
awarded the Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of any country, in accordance with Section 5 (Eligible
Countries). A Bidder shall be deemed to have the nationality of
a country if the Bidder is a citizen or is constituted, incorporated,
Section 1: Instructions to Bidders 1-6

or registered, and operates in conformity with the provisions of

the laws of that country. This criterion shall also apply to the
determination of the nationality of proposed Subcontractors or
Suppliers for any part of the Contract including related services.

4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to be in a conflict of interest with one or more
parties in the bidding process if any of, including but not limited
to, the following apply:

(a) they have controlling shareholders in common; or

(b) they receive or have received any direct or indirect subsidy
from any of them; or
(c) they have the same legal representative for purposes of this
bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to material information about or improperly
influence the bid of another Bidder, or influence the
decisions of the Employer regarding this bidding process;
or
(e) a Bidder participates in more than one bid in this bidding
process, either individually or as a partner in a Joint
Venture, except for alternative offers permitted under ITB
13 of the Bidding Document. This will result in the
disqualification of all Bids in which it is involved.
However, subject to any finding of a conflict of interest in
terms of ITB 4.3(a)-(d) above, this does not limit the
participation of a Bidder as a Subcontractor in another Bid
or of a firm as a Subcontractor in more than one Bid; or
(f) a Bidder, Joint Venture partner, associates, parent
company, or any affiliated entity, participated as a
Consultant in the preparation of the design or technical
specifications of the works that are the subject of the Bid;
or
(g) a Bidder was affiliated with a firm or entity that has been
hired (or is proposed to be hired) by the Employer or
Borrower as Engineer for the contract; or
(h) a Bidder would be providing goods, works, or
nonconsulting 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
(i) A Bidder that has a financial or familial relationship with
Employer’s personnel including personnel of project
implementing/executing agency who: (i) are directly or
 Section 1: Instructions to Bidders 1-7

indirectly involved in the preparation of the bidding

documents 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
Employer throughout the procurement process and
execution of the contract.
4.4 A firm will not be eligible to participate in any procurement
activities while under temporary suspension or debarment by
Employer’s country or any international organization, and other
donor agency. A firm will not be eligible to participate in any
procurement activities while under Impediment (Article 29 of
Decree-Law No. 22/2022).

4.5 Government-owned enterprises in the Employer’s country shall

be eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under commercial law, and
(iii) are not a dependent agency of the Employer.

4.6 A Bidder shall not be under suspension from bidding by the

Employer as the result of the execution of a Bid–Securing
Declaration.

4.7 Bidders shall provide such evidence of their continued eligibility

satisfactory to the Employer, as the Employer shall reasonably
request.

4.8 Bidders shall be excluded if, 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 from, or payments to, a
particular country, person or entity in respect of goods or
services originating in that country. Where the Borrower’s
country prohibits payments to a particular person or entity or for
particular goods or services by such an act of compliance, that
firm shall be excluded.

4.9 In case a prequalification process has been conducted prior to the

bidding process, this bidding is open only to prequalified
Bidders.

5. Eligible 5.1 The materials, equipment, and services to be supplied under the
Materials, Contract shall have their origin in eligible source countries as
Equipment and defined in ITB 4.2, and all expenditures under the Contract will
Services be limited to such materials, equipment, and services. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment, and services.
 Section 1: Instructions to Bidders 1-8

5.2 For purposes of ITB 5.1 above, “origin” means the place where
the materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that
differs substantially in its basic characteristics or in purpose or
utility from its components.

B. Contents of Bidding Document

6. Sections of 6.1 The Bidding Document consist of Parts I, II, and III, which
Bidding include all the sections indicated below, and should be read in
Document conjunction with any addenda issued in accordance with ITB 8.

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 - Eligible Countries (ELC)
PART II Requirements
Section 6 - Works’ Requirements (WRQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Particular Conditions of Contract (PCC)
Section 9 - Contract Forms (COF)

6.2 The Employer is not responsible for the completeness of the

Bidding Document and their addenda, if they were not obtained
directly from the source stated by the Employer in the IFB.

6.3 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish
all information or documentation required by the Bidding
Document may result in the rejection of the bid.

7. Clarification of 7.1 A prospective Bidder requiring any clarification on the Bidding

Bidding Document shall contact the Employer in writing at the
Document, Site Employer’s address indicated in the BDS or raise his inquiries
Visit, Pre-Bid during the pre-bid meeting if provided for in accordance with
Meeting ITB 7.4. The Employer shall publish its response including a
description of the inquiry but without identifying its source at the
web page identified in the BDS to any request for clarification,
provided that such request is received the date indicated in the
BDS. Should the Employer deem it necessary to amend the
Section 1: Instructions to Bidders 1-9

Bidding Document as a result of a request for clarification, it

shall do so following the procedure under ITB 8 and ITB 22.2.

7.2 The Bidder is advised to visit and examine the Site of Works 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 construction of the Works. The costs
of visiting the Site shall be at the Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter 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.

7.4 The Bidder’s designated representative is invited to attend a pre-

bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.

7.5 The Bidder is requested to submit any questions in writing, to

reach the Employer not later than 5 days before the meeting.

7.6 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. 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.

7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
 Section 1: Instructions to Bidders 1-10

8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Employer may amend the Bidding Document by issuing
Document addenda.

8.2 Any addendum issued shall be part of the Bidding Document and
shall be published at the web page identified in the BDS.

8.3 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 22.2

C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

10. Language of Bid 10.1 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.

11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously,
Comprising the one called the Technical Bid containing the documents listed in
Bid ITB 11.2 and the other the Price Bid containing the documents
listed in ITB 11.3, both envelopes enclosed together in an outer
single envelope.

11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;

(b) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19;
(c) alternative Bids, if permissible, in accordance with ITB 13;
(d) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.2;
(e) documentary evidence in accordance with ITB 17,
establishing the Bidder’s qualifications to perform the
contract;
(f) Technical Proposal in accordance with ITB 16;
(g) Declaration by the bidder, under oath, of unconditional
acceptance of the terms of conditions (reference);
(h) Declaration by the bidder, under oath, that he is not
prevented from participating in the procurement procedure;
Section 1: Instructions to Bidders 1-11

(i) any other document required in the BDS.

11.3 The Price Bid shall comprise the following:

(a) Letter of Price Bid;

(b) completed Price Schedules, in accordance with ITB 12 and
ITB 14;
(c) alternative price Bids, at Bidder’s option and if permissible,
in accordance with ITB 13;
(d) Note justifying an abnormally low bid price, when the price
presented in the bid is abnormally low, an abnormally low
price is the price that 30% below the value of maximum
budget;
(e) any other document required in the BDS.

11.4 The Technical Bid shall not include any information related to the
Bid price. Where material financial information related to the Bid
price is contained in the Technical Bid the Bid shall be declared
non-responsive.
11.5 In addition to the requirements under ITB 11.2, Bids submitted
by a Joint Venture shall include a copy of the Joint Venture
Agreement entered into by all partners. Alternatively, a Letter of
Intent to execute a Joint Venture Agreement in the event of a
successful Bid shall be signed by all partners and submitted with
the Bid, together with a copy of the proposed agreement.

12. Letters of Bid 12.1 The Letters of Technical Bid and Price Bid, and the Schedules,
and Schedules including the Bill of Quantities, shall be prepared using the
relevant forms furnished in Section 4 (Bidding Forms). The
forms must be completed without any alterations to the text, and
no substitutes shall be accepted. All blank spaces shall be filled
in with the information requested and as required in the BDS.

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative Bids shall not
be considered.

13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the requirements of the Bidding
Document must first price the Employer’s design as described in
the Bidding Document and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming
Section 1: Instructions to Bidders 1-12

to the basic technical requirements shall be considered by the

Employer.

13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in Section
6 (Works’ Requirements). The method for their evaluation will
be stipulated in Section 3 (Evaluation and Qualification Criteria).

14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of
Discounts Price Bid and in the Bill of Quantities shall conform to the
requirements specified below.

14.2 The Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items against which no rate
or price is entered by the Bidder will not be paid for by the
Employer when executed and shall be deemed covered by the
rates for other items and prices in the Bill of Quantities. Unit
rates and prices for all items of the Works described in the Bill
of Quantities shall be expressed in positive values. If unit rates
and prices are expressed in negative values, the bid will be
rejected.

14.3 The price to be quoted in the Letter of Price Bid, in accordance

with ITB 12.1, shall be the total price of the Bid, excluding any
discounts offered. Absence of the total bid price in the Letter of
Price Bid may result in the rejection of the Bid.

14.4 The Bidder shall quote any discounts and the methodology for
their application in the Letter of Price Bid, in accordance with
ITB 12.1.

14.5 The prices shall be either fixed or adjustable as specified in the

BDS.

(a) 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 will be treated as nonresponsive and
rejected.

(b) 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 provisions of the Conditions of
Contract. A Bid submitted with a fixed price will be treated
as nonresponsive and be rejected. The Bidder shall furnish
the indexes and weightings for the price adjustment
formulas in the Tables of Adjustment Data included in
Section 4 (Bidding Forms) and the Employer may require
the Bidder to justify its proposed indexes and weightings.
Section 1: Instructions to Bidders 1-13

Any bid that omits indexes and weightings shall be subject

to clarification with the Bidder.

14.6 If so indicated in ITB 1.1, bids are being invited for individual
contracts or for any combination of contracts (packages).
Bidders wishing to offer any price reduction for the award of
more than one Contract shall specify in their bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Price reductions or
discounts shall be submitted in accordance with ITB 14.4,
provided the Bids for all contracts are submitted and opened at
the same time.

14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids, shall be included in
the rates and prices and the total Bid Price submitted by the
Bidder.

15. Currencies of 15.1 The unit rates and the prices shall be quoted by the Bidder
Bid and Payment entirely in the currency specified in the BDS.

15.2 Bidders shall indicate the portion of the bid price that
corresponds to expenditures incurred in the currency of the
Employer’s country in the Schedule of Payment Currencies
included in Section 4 (Bidding Forms).

15.3 The rates of exchange to be used by the Bidder for currency

conversion during bid preparation shall be the selling rates for
similar transactions prevailing on the date 28 days prior to the
deadline for submission of bids published by the source specified
in the BDS. If exchange rates are not so published for certain
currencies, the Bidder shall state the rates used and the source.
Bidders should note that the payments to Bidder will be only in
United States Dollar.

15.4 Bidders may be required by the Employer to clarify their

amounts included in the unit rates and prices and shown in the
Schedule of Payment are reasonable and responsive to above, in
which case a detailed breakdown of its unit rates and prices shall
be provided by the Bidder.

15.5 Bidders should note that during the progress of the Works, the
prices of the outstanding balance of the Contract Price may be
adjusted by agreement between the Employer and the Contractor
in order to reflect any changes in unit prices of the Contract. Any
such adjustment shall be effected by comparing the percentages
 Section 1: Instructions to Bidders 1-14

quoted in the bid with the amounts already used in the Works
and the Contractor's future needs for items.

16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a
Comprising the method statement (project execution details), site organization,
Technical equipment, personnel, mobilization and construction schedules,
Proposal local development statement, and any other information as
stipulated in Section 4 (Bidding Forms), in sufficient detail to
demonstrate the adequacy of the Bidders’ proposal to meet the
work requirements and the completion time.

17. Documents 17.1 To establish Bidder’s eligibility in accordance with ITB 4, Bidders
Establishing the shall complete the Letter of Technical Bid, included in Section 4
Qualifications of (Bidding Forms).
the Bidder
17.2 To establish its qualifications to perform the Contract in
accordance with Section 3 (Evaluation and Qualification
Criteria) the Bidder shall provide the information requested in
the corresponding information sheets included in Section 4
(Bidding Forms).

17.3 Domestic Bidders, individually or in Joint Ventures, applying for

eligibility for domestic preference shall supply all information
required to satisfy the criteria for eligibility as described in ITB
37.

17.4 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 IFB sent to the prequalified Bidders.
17.5 In case prequalification has not been carried, for the purpose of
assessment of qualifications of the Bidder, subcontractor’s
qualifications shall not be used by the Bidder to qualify for the
Works unless their specialized parts of the Works are designated
by the Employer in the BDS as can be met by subcontractors
referred to hereafter as Specialized Subcontractors, in which case,
the specific experience of the Specialized Subcontractors
proposed by the Bidder, as specified in Section 3, Qualification,
may be considered in the assessment of the qualifications of the
Bidder. The general experience and financial resources of the
 Section 1: Instructions to Bidders 1-15

Specialized Subcontractors shall not be added to those of the

Bidder for purposes of qualification of the Bidder.
17.6 In case prequalification has been carried out, subject to ITB 17.4,
the Bidder’s Bid shall name the same specialized subcontractor as
submitted in the prequalification application and approved by the
Employer.
18. Period of 18.1 Bids shall remain valid for the bid validity period specified in the
Validity of Bids BDS. The bid validity period starts from the date fixed for the
bid submission deadline date prescribed by the Employer in
accordance with ITB 22.1. A bid valid for a shorter period and
less amount shall be rejected by the Employer as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the bid

validity period, 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 19, it shall also be extended 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.

19. Bid Security/Bid- 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish
Securing as part of its Bid, in original form, either a Bid-Securing
Declaration Declaration or a bid security as specified in the BDS. In the case
of a bid security, the amount and currency shall be as specified
in the BDS.

19.2 If a Bid-Securing Declaration is required pursuant to ITB 19.1,

it shall use the form included in Section 4 (Bidding Forms). The
Employer will declare a Bidder ineligible to be awarded a
Contract for a specified period of time, as indicated in the BDS,
if the Bid-Securing Declaration is executed.

19.3 If a bid security is specified pursuant to ITB 19.1, the bid security
shall be, at the Bidder’s option, in any of the following forms:

(a) an unconditional bank guarantee (hard copy of the bank

guarantee or in the form of SWIFT message MT760), or
(b) an irrevocable letter of credit, or
(c) a cashier’s or certified check
all from a reputable source from any country as described in
Section 5 (Eligible Countries). In the case of a bank guarantee,
the bid security shall be submitted either using the Bid Security
Form included in Section 4 (Bidding Forms) or another form
acceptable to the Employer. The form must include the complete
name of the Bidder. The bid security shall be valid for 28 days
beyond the original validity period of the bid, or beyond any
period of extension if requested under ITB 18.2.
Section 1: Instructions to Bidders 1-16

19.4 Unless otherwise specified in the BDS, any Bid not accompanied
by a substantially compliant bid security or Bid-Securing
Declaration, if one is required in accordance with ITB 19.1, shall
be rejected by the Employer as nonresponsive.

19.5 If a bid security is specified pursuant to ITB 19.1, the bid security
of substantially nonresponsive Technical Bids shall be returned
before opening the Price Bids. The bid security of unsuccessful
Bidders at Price Bid evaluation shall be returned promptly upon
the successful Bidder’s furnishing of the performance security
pursuant to ITB 45.

19.6 If a bid security is specified pursuant to ITB 19.1, the bid security
of the successful Bidder shall be returned promptly once the
successful Bidder has signed the Contract and furnished the
required performance security.

19.7 The bid security may be forfeited or the Bid Securing

Declaration executed, if

(a) notwithstanding ITB 24.3, a Bidder withdraws its bid during

the period of bid validity specified by the Bidder on the
Letters of Technical Bid and Price Bid, except as provided
in ITB 18.2; or
(b) the successful Bidder fails to
(i) sign the Contract in accordance with ITB 46;
(ii) furnish a performance security in accordance with ITB
47;
(iii) accept the arithmetical correction of its Bid in
accordance with ITB 35; or
(iv) furnish a domestic preference security, if so required.
19.8 If the bid security is required as per ITB 19.1, the bid security of
a Joint Venture shall be in the name of the Joint Venture that
submits the Bid. If the Joint Venture has not been legally
constituted at the time of bidding, the bid security shall be in the
name of any or all of the Joint Venture partners. If the Bid-
Securing Declaration is required as per ITB 19.1, the Bid-
Securing Declaration of a Joint Venture shall be in the name of
the Joint Venture that submits the Bid. If the Joint Venture has
not been legally constituted at the time of bidding, the Bid-
Securing Declaration shall be in the names of all future partners
as named in the letter of intent mentioned in ITB 4.1.

20. Format and 20.1 The Bidder shall prepare one original set of the Technical Bid
Signing of Bid and one original set of the Price Bid comprising the Bid as
described in ITB 11 and clearly mark it “ORIGINAL -
TECHNICAL BID” and “ORIGINAL-PRICE BID.” Alternative
Bids, if permitted in accordance with ITB 13, shall be clearly
marked “ALTERNATIVE.” In addition, the Bidder shall submit
copies of the Technical and Price Bids, in the number specified
 Section 1: Instructions to Bidders 1-17

in the BDS, and clearly mark each of them “COPY.” In the event
of any discrepancy between the original and the copies, the
original shall prevail.

20.2 The original and all copies of the Bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. This authorization shall consist of
a written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature. If a Bidder failed to submit or submits a deficient
authorization, the Bid shall not be rejected in the first instance.
The Employer shall request the Bidder to submit an acceptable
authorization within the number of days as specified in the BDS.
Failure to provide an acceptable authorization within the period
as stated in the Employer’s request shall cause the rejection of
the Bid. If either the Letter of Technical Bid or Letter of Price
Bid or Bid-Securing Declaration (if applicable) is not signed, the
Bid shall be rejected.

20.3 Any amendments such as interlineations, erasures, or

overwriting shall be valid only if they are signed or initialed by
the person signing the Bid.

D. Submission and Opening of Bids

21. Sealing and 21.1 Bidders shall submit their Bids as specified in the BDS.
Marking of Bids Procedures for submission, sealing, and marking are as follows:

(a) Bidders submitting Bids by mail or by hand shall enclose

the original of the Technical Bid, the original of the Price
Bid, and each copy of the Technical Bid and each copy of
the Price Bid, in separate sealed envelopes, duly marking
the envelopes as “ORIGINAL - TECHNICAL BID,”
“ORIGINAL - PRICE BID,” and “COPY NO… -
TECHNICAL BID” and “COPY NO…. - PRICE BID.”
These envelopes, the first containing the originals and the
others containing copies, shall then be enclosed in one
single envelope per set. If permitted in accordance with ITB
13, alternative Bids shall be similarly sealed, marked and
included in the sets. The rest of the procedure shall be in
accordance with ITB 21.2 and ITB 21.5.
(b) Bidders submitting Bids electronically shall follow the
electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall

(a) bear the name and address of the Bidder;

(b) be addressed to the Employer in accordance with BDS 22.1;
and
(c) bear the specific identification of this bidding process
indicated in the BDS 1.1.
 Section 1: Instructions to Bidders 1-18

21.3 The outer envelopes and the inner envelopes containing the
Technical Bid shall bear a warning not to open before the time
and date for the opening of Technical Bid, in accordance with
ITB 25.1.

21.4 The inner envelopes containing the Price Bid shall bear a
warning not to open until advised by the Employer in accordance
with ITB 25.7.

21.5 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement or
premature opening of the Bid.

22. Deadline for 22.1 Bids must be received by the Employer at the address and no
Submission of later than the date and time indicated in the BDS.
Bids

22.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.

22.3 Within three days of the deadline for submitting bids, the
Employer publishes the list of bidders who have submitted bids
within the deadline.
22.4 Bidders who have not been included in the list of bidders may
complain within five days of publication of the list, and for this
purpose must provide proof of the timely submission of their bid.
23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after the
deadline for submission of bids, in accordance with ITB 22. Any
bid received by the Employer after the deadline for submission
of Bids shall be declared late, rejected, and returned unopened to
the Bidder.

24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid –
Substitution, and Technical or Price – after it has been submitted by sending a
Modification of written notice, duly signed by an authorized representative, and
Bids shall include a copy of the authorization in accordance with ITB
20.2 (except for withdrawal notices, which do not require
copies). The corresponding substitution or modification of the
Bid must accompany the respective written notice. All notices
must be

(a) prepared and submitted in accordance with ITB 20 and ITB

21 (except for withdrawal notices, which do not require
copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION”; and
Section 1: Instructions to Bidders 1-19

(b) received by the Employer no later than the deadline

prescribed for submission of Bids, in accordance with ITB
22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.

24.3 No Bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of Bids and the
expiration of the period of bid validity specified by the Bidder
on the Letters of Technical Bid and Price Bid or any extension
thereof.

25. Technical Bid 25.1 The Employer shall open the Technical Bids in public at the
Opening address, on the date and time specified in the BDS in the presence
of Bidders` designated representatives and anyone who chooses
to attend. Any specific electronic bid opening procedures
required if electronic bidding is permitted in accordance with
ITB 21.1, shall be as specified in the BDS. The Price Bids will
remain unopened and will be held in custody of the Employer
until the specified time of their opening. If the Technical Bid and
the Price Bid are submitted together in one envelope, the
Employer may reject the entire Bid. Alternatively, the Price Bid
may be immediately resealed for later evaluation.

25.2 First, envelopes marked “WITHDRAWAL” shall be opened and

read out and the envelope with the corresponding Bid shall not
be opened, but returned to the Bidder. No bid withdrawal shall
be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at bid opening.

25.3 Second, outer envelopes marked “SUBSTITUTION” shall be

opened. The inner envelopes containing the Substitution
Technical Bid and/or Substitution Price Bid shall be exchanged
for the corresponding envelopes being substituted, which are to
be returned to the Bidder unopened. Only the Substitution
Technical Bid, if any, shall be opened, read out, and recorded.
Substitution Price Bid will remain unopened in accordance with
ITB 25.1. No envelope shall be substituted unless the
corresponding substitution notice contains a valid authorization
to request the substitution and is read out and recorded at bid
opening.

25.4 Next, outer envelopes marked “MODIFICATION” shall be

opened. No Technical Bid and/or Price Bid shall be modified
unless the corresponding modification notice contains a valid
authorization to request the modification and is read out and
recorded at the opening of Technical Bids. Only the Technical
Bids, both Original as well as Modification, are to be opened,
read out, and recorded at the opening. Price Bids, both Original
 Section 1: Instructions to Bidders 1-20

as well as Modification, will remain unopened in accordance

with ITB 25.1.

25.5 All other envelopes holding the Technical Bids shall be opened
one at a time, and the following read out and recorded:

(a) the name of the Bidder;

(b) whether there is a modification or substitution;
(c) the presence of a bid security or Bid-Securing Declaration,
if required; and
(d) any other details as the Employer may consider appropriate.
Only Technical Bids and alternative Technical Bids read out and
recorded at bid opening shall be considered for evaluation.
Unless otherwise specified in the BDS, all pages of the Letter of
Technical Bid are to be initialed by at least three representatives
of the Employer attending bid opening. No Bid shall be rejected
at the opening of Technical Bids except for late bids, in
accordance with ITB 23.1.

25.6 The Employer shall prepare a record of the opening of Technical

Bids that shall include, as a minimum, the name of the Bidder
and whether there is a withdrawal, substitution, or modification;
alternative proposals; and the presence or absence of a bid
security or Bid-Securing Declaration, if one was required. The
Bidders’ representatives who are present shall be requested to
sign the record. The omission of a Bidder’s signature on the
record shall not invalidate the contents and effect of the record.
A copy of the record shall be distributed to all Bidders who
submitted Bids on time, and posted online when electronic
bidding is permitted.

25.7 Following the completion of the evaluation of the Technical Bids,

the Employer shall share the evaluation report to the Bidders.
Bidders’ “CONFIDENTIAL” information which is confidential to
their business will not share with other Bidders in accordance with
Decree Law 22/2022.

E. Evaluation and Comparison of Bids

Evaluation of Bids- General Provisions
26. Confidentiality 26.1 Bidders’ “CONFIDENTIAL” information which is confidential
to their business will not share with other Bidders in accordance
with Decree Law 22/2022.

26.2 Any attempt by a Bidder to influence the Employer in the

evaluation of the Bids or Contract award decisions may result in
the rejection of its Bid.
 Section 1: Instructions to Bidders 1-21

26.3 Notwithstanding ITB 26.2, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the
Employer on any matter related to the bidding process, it may do
so in writing.

27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the
Bids Technical and Price Bids, the Employer may, at its discretion,
ask any Bidder for a clarification of its Bid. Any clarification
submitted by a Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change in
the substance of the Technical Bid or prices in the Price Bid shall
be sought, offered, or permitted, except to confirm the correction
of arithmetic errors discovered by the Employer in the evaluation
of the Price Bids, in accordance with ITB 34.

27.2 If a Bidder does not provide clarifications of its Bid by the date
and time set in the Employer’s request for clarification, its Bid
may be rejected.

28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified
in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.

29. Examination 29.1 Preliminary examination of the Technical Bid shall be carried
of Technical Bids out to identify proposals that are incomplete, invalid or
substantially nonresponsive to the requirements of the Bidding
documents. A substantially responsive Bid is one that materially
confirms to the requirements of the Bidding document without
material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
document, the Employer’s rights or the Bidder’s
obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position
of other Bidders presenting substantially responsive Bids.
 Section 1: Instructions to Bidders 1-22

29.2 If the Technical Bid is not substantially responsive to the

requirements of the Bidding document, it shall be rejected by the
Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

30. Responsiveness 30.1 The Employer’s determination of a Bid’s responsiveness is to be

of Technical Bid based on the contents of the bid itself, as defined in ITB11 and
evaluated in accordance with the procedures specified under
Section 3 (evaluation and Qualification Criteria).

30.2 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section 6 (Works’
Requirements) have been met without any material deviation,
reservation, or omission.

30.3 If a Bid is not substantially responsive to the requirements of the

Bidding Document and failed attained minimum passing score,
it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation,
reservation, or omission.

31. Nonmaterial 31.1 Provided that a Bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the Bid that do not constitute
a material deviation, reservation, or omission.

31.2 Provided that a Technical Bid is substantially responsive, the

Employer may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the Technical Bid
related to documentation requirements. Requesting information
or documentation on such nonconformities shall not be related to
any aspect of the Price Bid. Failure of the Bidder to comply with
the request may result in the rejection of its Bid.

31.3 Provided that a Bid is substantially responsive, the Employer

shall rectify quantifiable nonmaterial nonconformities related to
the Bid Price. To this effect, the Bid Price shall be adjusted, for
comparison purposes only, to reflect the price of a missing or
non-conforming item or component by adding the average price
of the item or component quoted by substantially responsive
Bidders. If the price of the item or component cannot be derived
from the price of other substantially responsive Bidders, the
Employer shall use its best estimate.

32. Qualification of 32.1 The Employer shall determine to its satisfaction whether the
the Bidder Bidders that have been assessed to have submitted substantially
responsive Bids are eligible, and either continue to meet (if
prequalification applies) or meet (if prequalification has not been
Section 1: Instructions to Bidders 1-23

carried out), the qualifying criteria specified in Section III,

Evaluation and Qualification Criteria.

32.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 17. Unless permitted in the BDS,
the determination shall not take into consideration the
qualifications of other firms such as the Bidder’s subsidiaries,
parent entities or affiliates.

32.3 An affirmative determination shall be a prerequisite for the

opening and evaluation of a Bidder’s Price Bid. The Employer
reserves the right to reject the bid of any bidder found to be in
circumstances described in Sub-Clause GCC 15.2.1 (g) or Sub-
Clause PCC 15.2.1 (h). A negative determination shall result into
the disqualification of the Bid, in which event the Employer shall
return the unopened Price Bid to the Bidder.

32.4 Only substantially responsive bids submitted by eligible and

qualified bidders shall proceed to the detailed technical
evaluation specified in ITB 32.6

32.5 The Employer’s evaluation of Technical Bid will be carried out

as specified in Section 3, Evaluation and Qualification Criteria.

32.6 The scores to be given to technical factors and sub factors are
specified in the BDS and Section 3.

33. Subcontractors 33.1 Unless otherwise stated in the BDS, the Employer does not
intend for the contractor to execute any specific elements of the
Works through nominated subcontractors.

33.2 If subcontractors are proposed for any of the key activities listed
in Section 3 (Evaluation and Qualification) Criteria 2.4.2, they
shall be considered as “Specialist Subcontractors” and shall meet
qualification requirements for the relevant key activities.

34. Opening and 34.1 The Employer shall conduct the opening of Price Bids of all
Evaluation of Bidders who attained the minimum passing technical score in the
Price Bids evaluation of Technical Bids, in the presence of Bidders`
representatives who choose to attend at the address, on the date,
and time specified by the Employer. The Bidder’s representatives
who are present shall be requested to sign a register evidencing
their attendance.
34.2 All envelopes containing Price Bids shall be opened one at a time
and the following read out and recorded:
34.3 the name of the Bidder;
34.4 whether there is a modification or substitution;
Section 1: Instructions to Bidders 1-24

34.5 the Bid Prices, including any discounts and alternative offers; and
34.6 any other details as the Employer may consider appropriate.
34.7 Only Price Bids discounts, and alternative offers read out and
recorded during the opening of Price Bids shall be considered for
evaluation. Unless otherwise specified in the BDS, all pages of the
Letter of Price Bid and Bill of Quantities are to be initialed by at
least three representatives of the Employer attending bid opening.
No Bid shall be rejected at the opening of Price Bids.
34.8 The Employer shall prepare a record of the opening of Price Bids
that shall include, as a minimum, the name of the Bidder, the Bid
Price (per lot if applicable), any discounts, and alternative offers.
The Bidders’ representatives who are present shall be requested to
sign the record. The omission of a Bidder’s signature on the
record shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Bidders who
submitted Bids on time, and posted online when electronic bidding
is permitted.

35. Correction of 35.1 During the evaluation of Price Bids, the Employer shall correct
Arithmetical arithmetical errors on the following basis:
Errors
(a) If there is a discrepancy between the unit price and the total
price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Employer there is
an obvious misplacement of the decimal point in the unit
price, in which case the total price as quoted shall govern
and the unit price shall be corrected.
(b) If there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the
total shall be corrected.
(c) If there is a discrepancy between the bid price in the
Summary of Bill of Quantities and the bid amount in item
(c) of the Letter of Price Bid, the bid price in the Summary
of Bill of Quantities will prevail and the bid amount in item
(c) of the Letter of Price Bid will be corrected.
(d) If there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount expressed
in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a), (b) and (c)
above.
35.2 If the Bidder that submitted the lowest evaluated bid does not
accept the correction of errors, its Bid shall be disqualified and
its bid security may be forfeited or its Bid-Securing Declaration
executed.
Section 1: Instructions to Bidders 1-25

36. Conversion to 36.1 For evaluation and comparison purposes, the currency(ies) of the
Single Currency Bid shall be converted into a single currency as specified in the
BDS.

37. Domestic 37.1 Unless otherwise specified in the BDS, domestic preference shall
Preference not apply.

38. Evaluation and 38.1 The Employer shall use the criteria and methodologies listed in
Comparison of this Clause. No other evaluation criteria or methodologies shall
Price Bids be permitted.

38.2 To evaluate the Price Bid, the Employer shall consider the
following:

(a) the bid price, excluding Provisional Sums and the provision,
if any, for contingencies in the Summary Bill of Quantities,
but including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 35.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance with
ITB 36;
(e) adjustment for nonmaterial nonconformities in accordance
with ITB 31.3;
(f) assessment whether the bid is abnormally low in accordance
with ITB 39; and
(g) application of all the evaluation factors indicated in Section
3 (Evaluation and Qualification Criteria).
38.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.

38.4 If this Bidding Document allows Bidders to quote separate prices

for different contracts, and the award to a single Bidder of
multiple contracts, the methodology to determine the lowest
evaluated price of the contract combinations, including any
discounts offered in the Letter of Price Bid, is specified in
Section 3 (Evaluation and Qualification Criteria).

38.5 The Employer shall compare all substantially responsive Bids to

determine the lowest evaluated Bid price, in accordance with
ITB 38.2.

39. Abnormally Low 39.1 An abnormally low bid is one where the bid price, in combination
bids with other elements of the bid, appears to be so low that it raises
concerns as to the capability of the Bidder to perform the contract
for the offered bid price.
Section 1: Instructions to Bidders 1-26

39.2 When the offered bid price appears to be abnormally low, the
Employer shall undertake a three-step review process as follows:

(a) identify abnormally low costs and unit rates by comparing

them with the engineer’s estimates, other substantially
responsive bids, or recently awarded similar contracts;
(b) clarify and analyze the bidder’s resource inputs and pricing,
including overheads, contingencies and profit margins; and
(c) decide whether to accept or reject the bid.
39.3 With regard to ITB 39.2 (b) above, the Employer will seek a
written explanation from the bidder of the reasons for the offered
bid price, including a detailed analysis of costs and unit prices,
by reference to the scope, proposed methodology, schedule, and
allocation of risks and responsibilities. This may also include
information regarding the economy of the manufacturing
process; the services to be provided, or the construction method
to be used; the technical solutions to be adopted; and any
exceptionally favorable conditions available to the bidder for the
works, equipment or services proposed.

39.4 After examining the explanation given and the detailed price
analyses presented by the bidder, the Employer may:

(a) accept the bid, if the evidence provided satisfactorily

accounts for the low bid price and costs, in which case the
bid is not considered abnormally low;
(b) accept the bid, but require that the amount of the
performance security be increased at the expense of the
bidder to a level sufficient to protect the Employer against
financial loss. The amount of the performance security shall
be 10% of the contract price; or
(c) reject the bid if the evidence provided does not satisfactorily
account for the low bid price, and make a similar
determination for the next ranked bid, if required.
40. Unbalanced or 40.1 If the Bid, which results in the lowest evaluated Bid Price, is
Front-Loaded seriously unbalanced or front-loaded in the opinion of the
Bids Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed, as
well as the pricing and sources of materials, equipment and labor.

40.2 After the evaluation of the information and detailed price

analyses presented by the Bidder, the Employer may as
appropriate:

(a) accept the Bid; or

(b) accept the Bid, but require that the total amount of the
Performance Security be increased at the expense of the
Bidder to a level sufficient to protect the Employer against
 Section 1: Instructions to Bidders 1-27

financial loss in the event of default of the successful Bidder

under the Contract subject to ITB 47.2; or
(c) reject the Bid and make a similar determination for the next
ranked bid.

41. Combined 41.1 The Employer’s evaluation of responsive Bids will take into
Evaluation account technical factors, in addition to cost factors in accordance
with Section 3 - Evaluation and Qualification Criteria. The weight
to be assigned for the technical factors and cost is specified in the
Section 3. The Employer will rank the Bids based on the evaluated
Bid score.
41.2 The Employer shall determine the Most Advantageous Bid. The
Most Advantageous Bid is the Bid of the Bidder that meets the
Qualification Criteria and whose Bid has been determined to be
substantially responsive to the Bidding document and is the Bid
with the highest combined technical and financial score
42. Employer’s 42.1 The Employer reserves the right to accept or reject any Bid, and
Right to Accept to annul the bidding process and reject all Bids at any time prior
Any Bid, and to to contract award, without thereby incurring any liability to
Reject Any or Bidders. In case of annulment, all Bids submitted and
All Bids specifically, bid securities, shall be promptly returned to the
Bidders.

43. Notice of 43.1 The intention of contract award notice, together with the bid
Intention for evaluation report, indicating in a summarized way, the reasons for
Award of the choice be published on the Procurement Portal so that, if they
Contract wish, they can submit a complaint within a period of 10 days.
43.2 After its publication, this notice shall stay visible to public by
(Standstill provisions) as specified in the BDS, the standstill
period shall be defined in the BDS to specify the duration
subsequent to notification of intention for award of contract
within which any unsuccessful bidder can challenge the
proposed award.

43.3 Unsuccessful Bidders within 10 days from the publication of

notice may request in writing to the Employer for a debriefing
seeking explanations on the grounds on which their Bids were not
selected. The Employer shall promptly respond in writing and/or
in a debriefing meeting to any unsuccessful Bidder who, after
publication of intention for award of contract, requests a
debriefing.

F. Award of Contract
44. Award Criteria 44.1 Subject to ITB 41.2, the Employer shall award the Contract to
the successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid.
 Section 1: Instructions to Bidders 1-28

45. Notification of 45.1 Prior to the expiration of the period of bid validity and upon
Award expiry of the standstill period specified in ITB 43.2, the
Employer shall issue the Letter of Acceptance using the form
included in Section 9 (Contract Forms) to the successful Bidder,
in writing, that its Bid has been accepted.

45.2 Until a formal contract is prepared and executed, the notification

of award through issuance of Letter of Acceptance shall
constitute a binding Contract.

46. Signing of 46.1 The Employer shall send the successful Bidder the Contract
Contract Agreement together with or promptly after the issuance of Letter
of Acceptance.

46.2 The signature of the contract must take place within 60 days of
receipt of the Contract Agreement, on the date set by the
Employer. If, the successful bidder does not appear without a
valid reason on the day, time and place fixed for the signature of
the contract or does not send the electronically signed contract
within the period set by the Employer, without prejudice to the
Employer, if so understand, set a new deadline or the Employer
must make a new award, which must fall on the bidder who
presented the order in the subsequent position.

47. Performance 47.1 The Performance Security must be presented by the Bidder at
Security least five days before signing the contract. The successful Bidder
shall furnish the performance security in accordance with the
conditions of contract, using for that purpose the Performance
Security Form included in Section 9 (Contract Forms), or another
form acceptable to the Employer. If the bank issuing
performance security is located outside the Employer’s country,
it shall be counter-guaranteed or encashable by a bank in the
Employer’s country

47.2 Failure of the successful Bidder to submit the abovementioned

performance security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security or execution of the Bid-Securing
Declaration. In that event, the Employer may award the Contract
to the next lowest evaluated Bidder whose offer is substantially
responsive and is determined by the Employer to be qualified to
perform the Contract satisfactorily.

47.3 The above provision shall also apply to the furnishing of a

domestic preference security if so required.

48. Bidding-Related 48.1 The procedures for dealing with Bidding-Related Complaints
Complaints arising out of this bidding process are specified in the BDS.
Section 2: Bid Data Sheet 2-1

Section 2: Bid Data Sheet

This section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 (Instructions to Bidders).

A. General
ITB 1.1 The number of the Invitation for Bids (IFB) is: Tender/018/EDTL E.P -
2024
ITB 1.1 The Employer is: Ministry of Public Works
ITB 1.1 The name of the Contract is: SUPPLY AND INSTALLATION NEW MV,
LV LINE 20KV/0.4KV AND TRANSFORMER OF POWER
DISTRIBUTION NETWORK AT DILI (FEEDER 1, 4, 5, 6 & 6-4)
The identification number of the Contract is: Tender/018/EDTL E.P -
2024
The number and identification of lots comprising this IFB is: N/A

The Bidder shall be completely quoted all Feeder in accordance with the
Scope of Supply required in the Bidding documents.

All Feeder will be evaluated jointly and awarded.

ITB 2.1 The name of the Project is: SUPPLY AND INSTALLATION NEW MV,
LV LINE 20KV/0.4KV AND TRANSFORMER OF POWER
DISTRIBUTION NETWORK AT DILI (FEEDER 1, 4, 5, 6 & 6-4)

The Maximum budget for the assignment: US$ 4,038,000.00 inclusive of

taxes.
Note: The Employer may disqualify evaluated price bids exceeding
maximum budget.
ITB 4.4 Debarment listing of International Financial Institutions:

• World Bank’s debarment process on Fraud and Corruption: Listing of

Ineligible Firms: WB Debarment List
• EBRD’S Procurement Policies and Rules: EBRD Debarment List
• Asian Development Bank (ADB): Anticorruption and Integrity: ADB
Sanctions List
• Inter-American Development Bank (IDB) Group: Integrity:
Sanctioned Firms and Individuals
African Development Bank Group: Institution’s Procurement Rules and
Procedures: AfDB List of Debarred Entities
B. Contents of Bidding Documents
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: National Procurement Commission
Street address: Avenida de Balide, Patrimonio Estado (Ex. Dempal), Dili,
Timor-Leste
City: Dili
Section 2: Bid Data Sheet 2-2

Country: Timor-Leste
E-mail: [email protected]
CC : [email protected], [email protected], [email protected], [email protected]

The deadline for the submission of requests for clarification shall be 14 days
before the deadline for submission of bids.
The Website to publish the clarifications and addendum: www.cna.gov.tl,
www.mof.gov.tl, www2.dgmarket.com & www.devex.com

ITB 7.2 Site visit is mandatory.

For the site-visit information, the bidder may contact NPC through email
[email protected], [email protected], [email protected], [email protected], [email protected]
or may contact the following employer/owner representatives:

Contact Person: Mr. Anderias Tani – Project Manager

Tel: (670) 7756 9551
Email: [email protected]
All the costs of visiting the Site shall be at the Bidder’s own expense.
The attendance to the Site Visit is mandatory
ITB 7.4 The attendance to the Pre-Bid Meeting is mandatory and will be held on:
Date: 8 July 2024
Time: 15:00 Hours (Timor-Leste Time)
Place: National Procurement Commission Office
Rua de Balide, Patrimonio Estado (Ex. Dempal), Dili, Timor-Leste

The Website to publish the minutes of pre-bid meeting: www.cna.gov.tl,

www.mof.gov.tl, www2.dgmarket.com & www.devex.com

C. Preparation of Bids
ITB 10.1 The language of the Bid is: “English or Portuguese”
“In addition, the Bidding document is translated into the Portuguese
language.
Bidders shall have the option to submit their Bid in any one of the languages
stated above.
Bidders Shall Not submit Bids in more than one language.
All correspondence exchange shall be in English and in Portuguese
language.
Language for translation of supporting documents and printed literature is
English or Portuguese.
ITB 11.2 (i) The Bidder shall submit with its Technical Bid the following additional
documents:
Section 2: Bid Data Sheet 2-3

1. Attach to forms EXP-2: Certified True Copy of the previous Contract

Agreements signed with other employers, Letters of Acceptance and
Bill of Quantities shown as successfully completed in the bid forms
Certified true Copy of the Certificate of Completion or Acceptance/
Taking-Over Certificate/ Substantial Completion for the contracts
submitted as successfully completed. (English Translation shall
prevail, if the original documents are not in English)
2. Attached to Form FIN-1 and/or FIN-2: copies of financial
statements (balance sheets including all related notes, and income
statements) for the last three years, All such documents reflect the
financial situation of the Bidder or partner to a JV, and not sister or
parent companies. Historic financial statements must be audited by
a certified accountant.
3. Attached to Form FIN-3: Evidence showing availability of working
capital and or access to credit facilities from financial institutions.
(English Translation shall prevail, if the original documents are not
in English
4. Attach to Form PER-2: Evidence of college degree attained and other
proof of professional expertise of proposed key and support to key
personnel.
5. Attach to Form EQU: Supporting Documents to show proof of
ownership/purchase agreement, rental of key equipment.
6. Business License or Letter of Association or Article of Incorporation
or equivalent
7. Bidders shall furnish copies of valid relevant ISO 9000 series or
equivalent certificates for their organizations.
8. Copy of valid Quality management certificate ISO 9001
9. Copy of valid Occupational Health and Safety Management
Certificate ISO 45001
10. Catalogues and technical documents of goods offered.
11. A list giving full particulars, including available sources, of all spare
parts and special tools necessary for the proper and continuing
functioning for a period of 2 years, following completion of services.
12. Record of satisfactory commercial operation for offered goods from
end-users for a minimum of two (2) years. Evidence of satisfactory
service shall be in the end user’s respective letterhead indicating
address and telephone numbers of the user.
13. Information to prove period of service of equipment manufacturers,
subcontractors etc., as given in Section 3 - (2.6 Subcontractors)
14. Guaranteed Data Sheets completed by the bidder as per Section 6–
Employer’s Requirements of the Bidding Document, Guaranteed
Data Sheets shall be checked with the proposed drawings, catalogues
and documents.

The local bidders will submit with its technical bid following additional
documents.

15. Authenticated copy of current Business Registration Certificate

Section 2: Bid Data Sheet 2-4

16. Company Ownership Documents

17. Authenticated Certidão de Dividas
18. Authenticated copy of previous tax statement from Timor-Leste
Revenue Service (TIN)
19. Estatutos
20. Social Security Contribution Certificate

Note: In case of (1) to (6), if bidders failed to submit as required, the

Employer has the right to seek the clarification to the bidders.
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional
documents:
“Not Applicable”
ITB 12.1 The units and rates in figures entered into the Bill of Quantities and Daywork
Schedule should be typewritten, if written by hand, must be in print form.
ITB 13.1 Alternative Bids shall not be permitted.
ITB 13.2 Alternative times for completion shall not be permitted.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of
the Works: None
ITB 14.5 The prices quoted by the Bidder: shall be fixed
The price will not be adjustment due to rise or fall in the cost of labor,
materials, goods and other inputs to the Works.
Bidders shall quote for the entire supplies and services on a single
responsibility basis. The Incoterm for quoting supplies to be supplied from
abroad is: DDP (the Employer’s designated place or project site, Dili,
Timor-Leste)
ITB 14.7 All duties, taxes, and other levies payable by the Contractor under the
Contract, shall be included in the rates and prices and the total Bid Price
submitted by the Bidder.
Information on the tax obligations in the Employer’s Country can be
found at http://www.mof.gov.tl
ITB 15.1 The unit rates and the prices shall be quoted by the Bidder entirely in:
United States Dollars (USD).
Payments shall be made in: United States Dollars (USD).
ITB 15.3 www.oanda.com

ITB 18.1 The bid validity period shall be 180 days.

ITB 19.1 A bid security is required.

The amount and currency of the bid security shall be:

USD 80,500.00 (Eighty Thousand and Five Hundred United States
Dollar)
The bid security shall be valid twenty-eight (28) days beyond the
original validity period of the bid, or beyond any period of extension if
requested under ITB 18.2
Section 2: Bid Data Sheet 2-5

ITB 19.4 Subject to the succeeding sentences, any bid not accompanied by an
irrevocable and callable original bid security shall be rejected by the
Employer as nonresponsive.

If a Bidder submits a bid security that (i) deviates in form, amount, and/or
period of validity, or (ii) does not provide sufficient identification of the
Bidder (including, without limitation, failure to indicate the name of the
Joint Venture or, where the Joint Venture has not yet been constituted, the
names of all future Joint Venture Partners), the Employer shall request the
Bidder to submit a compliant bid security within 10 days of receiving such
a request. Failure to provide a compliant bid security within the prescribed
period of receiving such a request shall cause the rejection of the Bid.

ITB 20.1 Technical Bid: In addition to the original Bid, the number of copies is: two
(02) and marked Copy 1, Copy 2 and one (1) soft copy USB

Price Bid: one (1) original and one (1) soft copy in USB.
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:

“An organizational document, board resolution or its equivalent, or power

of attorney specifying the representative’s authority to sign the Bid on behalf
of, and to legally bind, the Bidder. If the Bidder is an intended or an existing
Joint Venture, the power of attorney should be signed by all partners and
specify the authority of the named representative of the Joint Venture to sign
on behalf of, and legally bind, the intended or existing Joint Venture. If the
Joint Venture has not yet been formed, also include evidence from all
proposed Joint Venture partners of their intent to enter into a Joint Venture
in the event of a contract award in accordance with ITB 11.2.”
ITB 20.2 The Bidder shall submit an acceptable authorization within 7 days.
D. Submission and Opening of Bids
ITB 21.1 Bidders shall submit their Bids by mail or by hand.

Bidders “shall not” have the option of submitting their Bids electronically.

ITB 21.1 (b) Electronic bidding submission procedures shall be: Not Applicable
ITB 22.1 For bid submission purposes only, the Employer’s address is:

TENDER BOX
National Procurement Commission
Rua de Balide, Patrimonio Estado

The deadline for bid submission is:

Date: 8 August 2024
Section 2: Bid Data Sheet 2-6

Time: 15:00 hours local time

Place: National Procurement Commission
Rua De Balide, Patrimonio Estado, Dili, Timor-Leste
ITB 25.1 The opening of the Technical Bid shall take place at:
National Procurement Commission
Rua de Balide, Patrimonio de Estado, Dili, Timor-Leste
Date: 8 August 2024
Time: 15:00 hours local time (immediately after submission)
ITB 25.1 Electronic bid opening procedure shall be as follows: Not Applicable
ITB 25.5 The Letter of Technical Bid shall be initialed by three (3) representatives of
the Employer attending Bid opening.
ITB 25.10 The Letter of Price Bid and Bill of Quantities shall be initialed by three (3)
representatives of the Employer attending Bid opening.
E. Evaluation and Comparison of Bids

ITB 32.2 The qualifications of other firms such as the Bidder’s subsidiaries, parent
entities, or affiliates shall not be permitted.
ITB 33.1 The Employer does not intend for the contractor to execute any specific
elements of the Works through nominated subcontractors.

However, the International Contractor is encouraging to submit the bid with

the participation of local company either Joint Venture Partner or
Subcontractor in order to contributes to national economic and social
development.
ITB 35.1 The currency that shall be used for bid evaluation and comparison purposes
to convert all bid prices expressed in various currencies into a single
currency is: Not Applicable
The unit rates and the prices shall be quoted by the Bidder entirely in United
States Dollars (USD).

ITB 36.1 Domestic preference shall not apply.

ITB 43.3 Standstill provisions shall apply. The visibility and duration of standstill
period will be ten (10) working days from the date of notice of intention for
award of contract.

F. Award of Contracts
ITB 48.1 The procedures for Bidding-Related Complaints are referenced in the
Decree-Law n. 22/ 2022 of the Procurement Legal Regime (PLR) as
amended. The Bidder should submit its complaint following these
procedures, in writing, to:

For the attention: Mr. Hermingardo Albano Soares

Section 2: Bid Data Sheet 2-7

Title/position: Executive Director

Organization: National Procurement Commission (NPC)
E-mail address: [email protected] [email protected], [email protected],
[email protected], [email protected]
Section 3: Evaluation and Qualification Criteria 3-8

Section 3: Evaluation and Qualification Criteria

This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. No
other factors, methods or criteria shall be used other than specified in this Bidding document. The Bidder
shall provide all the information requested in the forms included in Section IV, Bidding Forms.

Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent
using the rate of exchange determined as follows:
• For construction turnover or financial data required for each year - Exchange rate prevailing on
the last day of the respective calendar year (in which the amounts for that year are to be
converted) was originally established.
• Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source www.oanda.com. Any error in
determining the exchange rates in the Bid may be corrected by the Employer.

The technical criteria, and sub criteria, to be evaluated and the scores to be given to each technical
criteria and sub criteria.

Adequacy of Technical Proposal

Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s technical
capacity to successfully implement the contract considering its proposed key personnel, equipment,
site organization, method statement, mobilization schedule, construction schedule, local development
statement and environmental and social management strategies and implementation plan including
the extent to which they are presented in a consistent manner and comply with requirements stipulated
in Section 6 (Works’ Requirements).

Multiple Lots

If works are grouped in multiple lots, the Employer shall evaluate and compare Bids on the basis of
a lot, or a combination of lots, or as a total of lots in order to arrive at the least-cost combination for
the Employer by taking into account discounts offered by Bidders in case of award of multiple
contracts.
If a Bidder submits several successful (Most advantageous) bids, the evaluation will also include an
assessment of the Bidder’s capacity to meet the following aggregated requirements as presented in
the bid:

• Average annual construction turnover,

• Financial resources,
• Equipment to be allocated, and
• Personnel to be fielded.

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

Section 3: Evaluation and Qualification Criteria 3-9

If Bids are invited for more than one lot, the contract will be awarded to the Bidder or Bidders with the Most
advantageous Bid for the individual lots.

The Employer may limit the maximum number of lots that can be awarded to a bidder.

Bids Evaluation

The evaluation of bids shall be undertaken in accordance with the procedures described herein. No other
methods, criteria and factors shall be used.
The evaluation shall be based on the documents that the Bidder has submitted with its Bid. Therefore, the
Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms) to
enable the Employer to make an evaluation. Failure to submit the necessary information may result in
the rejection of the Bid.

The evaluation will be in two stages.

1. Technical Bids Evaluation – First Stage

2. Price Bids Evaluation – Second Stage

3. Combined Bids Evaluations – Third Stage

The First Stage has been divided into two phases.

Technical Bid Evaluation– First Phase:

First Phase: The first phase will be the determination of the Bidder’s compliance to the basic bidding
criteria and eligibility requirements to be undertaken on a “Pass or Fail” basis.

The following documentation shall be checked at first phase:

Criteria Compliance Requirements Documents

Requirement Single Joint Venture Submission
Entity Requirements
All
Each One
Partners
Partner Partner
Combined
Nationality in accordance Must meet Not Must meet Not Forms
with ITB 4.2 requirement applicable requirement applicable ELI - 1; ELI - 2
with attachments
No conflicts of interest in Must meet Not Must meet Not Letter of Technical
accordance with ITB 4.3 requirement applicable requirement applicable Bid

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

Section 3: Evaluation and Qualification Criteria 3-10

Criteria Compliance Requirements Documents

Requirement Single Joint Venture Submission
Entity Requirements
All
Each One
Partners
Partner Partner
Combined
A Bidder participates in Must meet Not Must meet Not Letter of Technical
more than one bid in this requirement applicable requirement applicable Bid
bidding process, either
individually or as a partner
in a Joint Venture in
accordance with ITB 4.3
Not having been declared Must meet Not Must meet Not Letter of Technical
ineligible by IFI, as requirement applicable requirement applicable Bid
described in ITB 4.4
Bidder required to meet Must meet Not Must meet Not Forms ELI
conditions of ITB 4.5 requirement applicable requirement applicable - 1; ELI - 2
with attachments
Bidder required to meet Must meet Not Must meet Not Forms ELI
conditions of ITB 4.5 requirement applicable requirement applicable - 1; ELI - 2
with attachments
Not under suspension based Must meet Not Must meet Not Letter of Technical
on execution of a Bid- requirement applicable requirement applicable Bid
Securing Declaration
pursuant to ITB 4.6.
No reservations to the Must meet Not Must meet Not Letter of Technical
Bidding Documents, requirement applicable requirement applicable Bid
including Addenda issued
in accordance with ITB 8.
Letter of Technical Bid in Must meet Not Must meet Not Letter of Technical
accordance with ITB 12 requirement applicable requirement applicable Bid
Joint Venture Agreement Not Not Must meet Not Joint Venture
in accordance with ITB 11 applicable applicable requirement applicable Agreement
Submission
Bid Security, in accordance Must meet Not Must meet Not Bid Security Form
with ITB Clause 19 requirement applicable requirement applicable
The written confirmation of Must meet Not Must meet Not Power of Attorney
authorization to sign on requirement applicable requirement applicable Submission
behalf of the Bidder in
accordance with ITB 20;

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

Section 3: Evaluation and Qualification Criteria 3-11

Criteria Compliance Requirements Documents

Requirement Single Joint Venture Submission
Entity Requirements
All
Each One
Partners
Partner Partner
Combined
Nonperformance of a Must meet Not Must meet N/A Form CON-1
1
contract did not occur as a requirement applicable requirement2
result of contractor default
since 1 January 2017
All pending litigation, Must meet Not Must meet N/A Form CON-1
arbitration or other requirement applicable requirement
material events impacting
the net worth and/or
liquidity of the bidder, if
any, shall be treated as
resolved against the Bidder
and so shall in total not
represent more than fifty
percent (50%) of the
Bidder’s net worth
calculated as the difference
between total assets and
total liabilities.
No reservations to the Must meet Not Must meet Not Letter of Technical
Bidding Documents, requirement applicable requirement applicable Bid
including Addenda issued
in accordance with ITB 8.
The Local Bidders will submit with its technical bid the following additional documents in addition to
above.
Authorization to Conduct Must meet Not Must meet Not Certificate from
Activity (Autorizacao Para requirement applicable requirement applicable SERVE,IP
Exercicio de Atividade
Economica)

1
Nonperformance, as decided by the Employer, shall include all contracts where (i) nonperformance was not
challenged by the contractor, including through referral to the dispute resolution mechanism under the respective
contract; and (ii) contracts that were so challenged but fully settled against the contractor. Nonperformance shall
not include contracts where the Employer’s decision was overruled by the dispute resolution mechanism.
Nonperformance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that
has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all
appeal instances available to the Bidder have been exhausted.

2
This requirement also applies to contracts executed by the Bidder as Joint Venture member.

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

Section 3: Evaluation and Qualification Criteria 3-12

Criteria Compliance Requirements Documents

Requirement Single Joint Venture Submission
Entity Requirements
All
Each One
Partners
Partner Partner
Combined
Business Registration Must meet Not Must meet Not Certificate from
Certificate (Certidao do requirement applicable requirement applicable SERVE,IP
Registo Comercial)
Certidao de Dividas Must meet Not Must meet Not Certificate from
(Certificate of Debts) requirement applicable requirement applicable Autoridade Tributaria
(Tax Authority)

Authenticated copy of Must meet Not Must meet Not

previous tax statement requirement applicable requirement applicable
from Timor-Leste Revenue
Service (TIN)
Estatutos (Articles of Must meet Not Must meet Not Copy of Articles of
incorporation or requirement applicable requirement applicable incorporation or
constitution of the legal Equivalent
entity)

Social Security Must meet Not Must meet Not Certificate from
Contribution Certificate requirement applicable requirement applicable National Social
Security Institute
(INSS) (Ministério da
Solidariedade Social)

Technical Bids Evaluation– Second Phase:

The second phase in the evaluation process is the evaluation of Technical Bids and this shall be
undertaken in accordance with the technical evaluation criteria, sub-criteria, and scoring system
specified below. The maximum technical score is 100 Points and the passing score for bidder
qualification is 75 Points.

Only those Bidders who passed in the First Phase of evaluation shall be considered further in the
Second Stage of Technical evaluation.

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-13

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
Historical Financial Performance
Submission of audited financial statements or, if not required by the law of Must meet Not Must meet Not Form FIN - 1 5
the Bidder’s country, other financial statements acceptable to the Employer, requirement applicable requirement applicable with
for the last three (3) years (2020, 2021 & 2022) to demonstrate the current attachments
soundness of the Bidder’s financial position. As a minimum, the Bidder’s net
worth for the last year calculated as the difference between total assets and
total liabilities should be positive.
Average Annual Construction Turnover
Minimum average annual construction turnover of US$ 8,000,0000 (Eight Must meet Must meet Must meet Must meet Form FIN - 2 5
Million United States Dollars) calculated as total certified payments received requirement requirement 25% 40% with
for contracts in progress or completed, within the last three (3) years (2020, attachments
of the of the
2021 & 2022).
requirement requirement
Financial Resources
For Single Entities Must meet Not Not Not Form FIN – 3 10
requirement applicable applicable applicable and
The Bidder must demonstrate that its financial resources defined in FIN - 3, less
its financial obligations for its current contract commitments defined in FIN - 4, Form FIN – 4
meet or exceed the total requirement for the Subject Contract of US$ with
2,500,000.00 (Two Million and Five Hundred Thousand United States Dollars) attachments
For Joint Ventures Not Not Not Must meet Form FIN – 3
applicable applicable applicable requirement and
(1) One partner must demonstrate that its financial resources defined in FIN - 3,
less its financial obligations for its own current contract commitments Form FIN – 4
defined in FIN - 4, meet or exceed its required share of US$ 1,000,000.00 with
(1 million United States Dollars) from the total requirement for the Subject attachments
Contract.

AND

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-14

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
(2) Each partner must demonstrate that its financial resources defined in FIN - Not Not Must meet Not Form FIN – 3
3, less its financial obligations for its own current contract commitments applicable applicable requirement applicable and
defined in FIN - 4, meet or exceed its required share of US$ 625,000.00 (Six Form FIN – 4
hundred and Twent-Five Thousand United States Dollars) from the total
with
requirement for the Subject Contract.
attachments
AND
(3) The Joint Venture must demonstrate that the combined financial resources Not Must meet Not Not Form FIN – 3
of all partners defined in FIN - 3, less all the partners’ total financial applicable requirement applicable applicable and
obligations for the current contract commitments defined in FIN - 4, meet Form FIN – 4
or exceed the total requirement for the Subject Contract of US$
with
2,500,000.00 (Two Million and Five Hundred Thousand United States
attachments
Dollars)
Contracts of Similar Size and Nature
Participation as a contractor or Joint Venture partner in at least two contracts that Must meet Must meet N/A N/A Form EXP - 1 15
have been successfully or substantially completed between 1st January 2014 requirement requirement1 with
and bid submission deadline and that are similar to the proposed works, where
attachments
the value of the Bidder’s participation under each contract exceeds US$
3,000,000.00 (Three Million United States Dollars).
The similarity of the contracts shall be based on Section 6, Employer’s
Requirements and Scope of Works, specifically Supply and Installation of New
MV, LV Line 20KV/0.4KV and Transformer of Power Distribution Network.

In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single
contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity, if
the Bidder comprises the same Joint Venture, the 'Single Entity' requirements will apply.
Substantial completion shall be based on 80% or more works completed under the contract.
For contracts under which the Bidder participated as a joint venture member, only the Bidder’s share, by value, shall be considered to meet this requirement
The Bidder past experience as subcontractor shall not be used by the Bidder to qualify in the technical evaluation.

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-15

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner

Construction Experience in Key Activities

For the above and any other contracts [substantially completed and under Must meet Must meet N/A N/A Form EXP – 2 15
implementation] as prime contractor or joint venture member between 1st requirements requirements with
January 2014 and Bid submission deadline, a minimum construction attachments
experience in the following key activities successfully completed1:

1. Supply and Installation of 100,000 Meters long MV Lines in one

contract
2. Supply and Installation of 50,000 Meters long LV lines in one
contract
3. Supply and Installation of 40 Transformers in one contract

Personnel

Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period.
In case of complex works, the Employer may require each partner to demonstrate one satisfactorily and substantially completed contract of similar nature
where such partner’s value of participation exceeds 25% of the subject contract value.
In addition to the submission requirement Form EXP-1 and Form EXP-2, the Bidder shall provide the following supporting documents in sufficient detail to
verify the contract name, value and completion time (or substantial completion). If the documents are other than in English, an accurate certified translation of
these documents in English shall be provided:
1. Signed Contract Agreement, and
2. Taking-Over Certificate, Contract Completion Certificate or Performance Certificate
3. Bill of Quantities,

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-16

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
The Bidder must demonstrate that it has the following key personnel that meet Must meet Must meet N/A N/A Form PER – 1 15
the following minimum requirements: requirements requirements &
Nº Key Staff Qualifications and Experience Form PER – 2
1. Project • Bachelor ‘s degree in Electrical Engineering or a
Manager relevant discipline
• Minimum of 15 years of experience in the
construction of medium voltage Distribution
Networks and facilities
• Minimum of 10 years’ experience as a Project
Manager of Distribution Construction project(s)
• Experience as a Project Manager in minimum of three
(3) projects for electricity distribution utilities
2. Distribution • Bachelor ‘s degree in Electrical Engineering,
Design • minimum 10 years of experience in design of medium
Engineer voltage network /distribution network of 20 kV or
above.
• minimum 5 years’ experience in distribution
construction, operation and maintenance.
• minimum 15 years’ experience in Power Distribution.
• Experience in designing distribution lines of 3
Distribution construction projects of 20 kV, or higher
voltage networks during last 5 years.
3. Distribution • Bachelor ‘s degree in Electrical Engineering or
Construction Construction
Engineer • minimum 10 years of experience in medium voltage
distribution network (20 kV or higher voltage)
construction
• Experience in over 300 kms of construction of
Distribution lines of 20 kV or higher voltage
networks during last 5 years.
4. Employer of • University diploma in electrical engineering
Electrical • Construction supervision certificate
Works • At least 5 years working in construction projects of
electrical works
Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope
 Section 3: Evaluation and Qualification Criteria 3-17

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
• Working as an Employer of electrical construction
works for at least two contracts/projects.
5. Survey expert • Degree in any Engineering, or any related field,
• minimum 5 years of working experience in
Topographic Surveying
• At least 3 years’ experience in Total station operating
6. GPS data • Diploma in engineering/earth sciences/information
collection and technology or a related area
mapping • Minimum 5 years’ experience in data collection using
technician GPS equipment
• Minimum 3 years’ experience in GPS data collection
and mapping of electricity facility construction
7. EHS Officer • Certificate in occupational health and safety
• At least 5 years working experience in construction of
electrical project
• Worked as EHS Officer for at least 2 projects for
construction of Distribution lines of 20 kV or higher
voltage networks.

All proposed key personnel should attach evidence of college degree attained
and other proof of professional expertise) in Form PER – 2: resume of proposed
key and support to Key Personnel.
Equipment
The Bidder must demonstrate that it has the key equipment listed below: Must meet Must meet N/A N/A Form EQU 5
requirements requirements
Type of Equipment Number
Dump truck 3 tons 4 units
Bucket truck or crane 3 tons 2 units
Crane for pole hole drilling/ digger 1 unit
Tools for 20KV Installation 1 lot

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-18

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
Note : Supporting document required:
• Owned – provide proof of ownership/purchase agreement
• Rented/Leased – provide rental agreement/ lease agreement
Site Organization
Site Organization Chart(s): flow-charts showing lines of authorities, key Must meet Must meet N/A N/A Form TP- 1 5
personnel assigned for the specific tasks, numbers of supervisory personal and requirements requirements
support staff.

Method Statement

Approach proposed for contract implementation, key activities considered to Must meet Must meet N/A N/A Form TP- 2 5
be necessary to achieve the contract objectives including quality assurance requirements requirements
and health and safety program.

Mobilization Schedule

Site installation plan, including mobilization and demobilization phase Must meet Must meet N/A N/A Form TP- 3 5
covering as a minimum the initial two months as well as the last month of the requirements requirements
implementation period

Construction Schedule

Construction Schedule, covering the entire construction period in MS Project Must meet Must meet N/A N/A Form TP- 4 5
format showing the schedule and sequence of major work activities, project requirements requirements
milestones and critical path.

Local Development Statement

Bidder must submit a Local Development Statement clearly stating the Must meet Must meet N/A N/A Form TP- 5 5
Contractor’s commitment to create local jobs (i.e. skilled and unskilled requirements requirements
personnel including admin staff, clerk, drivers, security, cleaners, as well as

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

 Section 3: Evaluation and Qualification Criteria 3-19

Criteria Compliance Requirements Documents Weight

Requirement Single Joint Venture Submission
Entity All Partners Each One Requirements
Combined Partner Partner
other staff involved in the execution of the project and included in the
contractor’s payroll), identify the estimated number of Timorese personnel to
be employed, maximize the use of local materials, and present a detailed plan
for capacity building of Timorese personnel. The local participation content
requirement should be at least 10% of the total bid price and is
confirmed in this statement. Local participation that is more than 10%
will obtain a higher score.
Environmental and Social Management
The Bidder shall submit comprehensive and concise Environmental and Social Must meet Must meet N/A N/A Form TP- 6 5
Management Strategies and Implementation Plan. These strategies and plans requirements requirements
shall describe in detail the actions, materials, equipment, management
processes etc. that will be implemented by the Contractor, and its
subcontractors at work site.
The Management Strategies and Implementation Plans must include to manage
the Sexual Exploitation and Abuse prevention and response action plan and
Traffic Management Plan to ensure safety of local communities from
construction traffic.

Bidding Document for Tender/018/EDTL.E.P.-2024 Procurement of Works Single-Stage: Two-Envelope

Section 4: Bidding Forms 4-1

The scoring shall be in accordance with the following table :

Quality Score Score Definition

EXCELLENT 100 Bid significantly exceeds the sub - criteria requirements
VERY GOOD 90 - 99 Bid marginally exceeds the sub - criteria requirements
ABOVE 80 -89 Bid fully meets the sub - criteria requirements
AVERAGE 70 - 79 Bid partially meets the sub - criteria requirements
BELOW 1 - 69 Bid meets some sub - criteria requirements with deficiencies
AVERAGE
NON- 0 Bid either does not comply with the sub-criteria requirements or
COMPLYING does not provide enough information

Price Bids Evaluation – Second Stage:

The second stage will be the evaluation of the Price bids of the Bidders who attained
minimum passing technical scores based on the result of the second phase of technical bids
evaluation above.

To determine the “price point”, the lowest evaluated price bid (X) will automatically score
maximum 100 points. All other price bids receive points in inverse proportion according to the
following formula:
Pt = 100(X/Z)
Where:
Pt = Price points for the Price Bid being evaluated
100 = maximum number of points for the Lowest Evaluated Price Bid
X = price of the Lowest Evaluated Priced Bid
Z = price of the Bid Being Evaluated

Combined Bids Evaluation – Third Stage:

The Employer shall determine the Most Advantageous Bid. The Most Advantageous Bid is the
Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to
be substantially responsive to the Bidding document and is the Bid with the highest combined
technical and financial score.

The Bids are ranked according to their combined technical and price scores using the following
formula and weights:
Formula:
Final Ranking = Technical Score x T% + Price Score x P%.
Where:

Technical Weight = T = 50
Price Weight = P = 50
Section 4: Bidding Forms 4-2

Section 4: Bidding Forms

This section contains the forms to be completed by the Bidder and submitted as part of its
Bid.

Table of Forms

Letter of Technical Bid ....................................................................................................... 4-53

Letter of Price Bid ............................................................................................................... 4-57
Bid Security ......................................................................................................................... 4-59
Bid-Securing Declaration ................................................................................................... 4-60
Affiliate Company Guarantee ............................................................................................ 4-61
Technical Proposal .............................................................................................................. 4-62
Personnel ......................................................................................................................... 4-63
Form PER – 1: Proposed Personnel .......................................................................... 4-63
Form PER – 2: Resume of Proposed Personnel....................................................... 4-64
Equipment ....................................................................................................................... 4-65
Site Organization ............................................................................................................. 4-66
Method Statement ........................................................................................................... 4-66
Mobilization Schedule ..................................................................................................... 4-66
Construction Schedule ..................................................................................................... 4-66
Environmental, Health and Safety Management Plan..................................................... 4-66
Environmental, Health and Safety Code of Conduct ...................................................... 4-67
Bidders Qualification .......................................................................................................... 4-69
Form ELI – 1: Bidder’s Information Sheet ...................................................................... 4-70
Form ELI – 2: Joint Venture Information Sheet .............................................................. 4-71
Form CON – 1: Historical Contract Nonperformance ..................................................... 4-72
Form CON – 2: EHS Performance Declaration ............................................................... 4-73
Form FIN – 1: Historical Financial Performance ............................................................. 4-75
Form FIN – 2: Average Annual Construction Turnover .................................................. 4-76
Form FIN – 3: Availability of Financial Resources........................................................ 4-77
Form FIN – 4: Financial Requirements for Current Contract Commitments .................. 4-78
Form FIN – 5: Self-Assessment Tool for Bidder's Compliance to Financial Resources . 4-79
Form EXP – 1: Contracts of Similar Size and Nature ..................................................... 4-80
Form EXP – 2: Construction Experience in Key Activities ............................................ 4-81
Form EXP – 3: Specific Experience in Managing Environmental, Health and Safety
Aspects ............................................................................................................................ 4-82
Form EXP – 4: Environmental, Health and Safety Certification..................................... 4-83
Form EXP – 5: Environmental, Health and Safety Documentation ................................ 4-83
Form EXP – 6: Environmental, Health and Safety Dedicated Personnel ........................ 4-83
Schedules.............................................................................................................................. 4-84
Schedule of Payment Currencies .................................................................................... 4-84
Schedule of Cost Indexation ........................................................................................... 4-85
Tables of Adjustment Data ............................................................................................. 4-86
Bill of Quantities ................................................................................................................. 4-87
 Section 4: Bidding Forms 4-3

Letter of Technical Bid

-Note-
The Bidder must accomplish the Letter of Technical Bid on its letterhead clearly showing the
Bidder’s complete name and address.
Date: ........................................
IFB No.: ........................................
Invitation for Bid No.: ........................................

To: [insert complete name of the Employer]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8.

(b) We acknowledge that we have read and understand Anticorruption Rules and
Integrity Principles and Guidelines.

(c) We offer to execute in conformity with the Bidding Documents the following Works:
[insert narrative]
___________________________________________________________________
_________________________________________________________________

(d) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period
of [insert bid validity period as specified in ITB 18.1 of the BDS] days starts from
the date fixed for the bid submission deadline in accordance with ITB 22.1, and it
shall remain binding upon us and may be accepted at any time before the expiration
of that period.

(e) Our firm, including any Subcontractors or Suppliers for any part of the Contract, have
nationalities from eligible countries in accordance with ITB 4.2.

(f) We, our directors, key officers, key personnel, including any Subcontractors,
consultants, subconsultants, manufacturers, service providers or Suppliers for any
part of the contract, do not have any conflict of interest in accordance with ITB 4.3.

If there is any conflict of interest, please state details:

(i) Parties involved in the conflict of interest: __________
(ii) Details about the conflict of interest: _________

(g) We are not participating, as a Bidder, either individually or as partner in a Joint

Venture, in more than one Bid in this bidding process in accordance with ITB 4.3(e),
other than alternative offers submitted in accordance with ITB 13.

(h) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants, manufacturers,
service providers or Suppliers for any part of the contract, are not subject to, or not
 Section 4: Bidding Forms 4-4

controlled by any entity or individual that is subject to, a temporary suspension or a

debarment imposed by the Employer’s Country, any international organization and other
donor agencies.

(i) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants, manufacturers,
service providers or Suppliers for any part of the contract, are not under ongoing
investigation and/or sanctions proceedings by the Employer’s Country, any international
organization and other donor agency.

If under on-going investigation and/or sanctions proceedings by the Employer’s

Country, any International Organization and other Donor Agency, please state
details:
(i) Name of the international organization and other donor agency: _________
(ii) Reason for the ongoing investigation / allegations: __________

(j) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants,
manufacturers, service providers or Suppliers for any part of the Contract, are not
temporarily suspended, debarred, declared ineligible, or subject to any national
and/or international sanctions by the Employer’s country, any international
organization, any multilateral development bank and other donor agency.

If so temporarily suspended, debarred, declared ineligible, or subject to any national

and/or international sanctions by any the Employer’s country, any international
organization, any multilateral development bank and other donor agency, please state
details (as applicable to each Joint Venture partner, their respective direct or indirect
shareholders, directors, key officers, key personnel, associate, parent company,
affiliate, subsidiaries, Subcontractors, consultants, sub-consultants, manufacturers,
service providers and/or Suppliers):

(i) Name of Institution: __________________

(ii) Period of the temporary suspension, debarment, ineligibility, or national or
international sanction [start and end date]: ____________
(iii) Reason for the temporary suspension, debarment, ineligibility, or national or
international sanction: ________________________

(k) Our firm, Joint Venture partners, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants,
manufacturers, service providers, Suppliers, key officers, directors and key personnel
have never been charged or convicted with any criminal offense (including felonies
but excluding misdemeanors) or infractions and/or violations of ordinance; nor
charged or found liable in any civil or administrative proceedings in the last 10 years;
or undergoing investigation for such, or subject to any criminal, civil or
administrative orders, monitorship or enforcement actions.

If so charged, convicted/found liable, under ongoing investigation, or subject to

orders, monitorship or enforcement actions, please state details:
Section 4: Bidding Forms 4-5

(i) Nature of the offense, violation, proceedings, investigation, and/or monitorship

or enforcement actions: __________________
(ii) Court, area of jurisdiction and/or the enforcement agency:
__________________
(iii) Resolution [i.e. dismissed; settled; or convicted/duration of penalty]:
__________________
(iv) Other relevant details [please specify]:

(l) Our firm, Joint Venture partners, our respective direct and indirect shareholders,
directors, key officers, key personnel, associates, affiliates or subsidiaries, including
any Subcontractors, consultants, subconsultants, manufacturers, service providers or
Suppliers, can make and receive payments through the international banking system
or otherwise discharge the Employer’s obligation upon initiation of wire transfer.
If unable to make or receive funds through the international banking system or
otherwise discharge the Employer’s obligation upon initiation of wire transfer,
please state the details:

(i) Nature of the restriction: __________

(ii) Jurisdiction of the restriction: __________
(iii) Other relevant details: __________

(m) Our firm, Joint Venture partners, associates, parent company, affiliates or subsidiaries,
including any Subcontractors, consultants, subconsultants, manufacturers, service
providers or Suppliers, key officers, directors and key personnel are not from a country
which is prohibited to export goods or services to, or receive any payments from the
Employer’s country and/or are not prohibited to receive payments for particular goods
or services by the Employer’s country 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.

(n) We have paid, or will pay the following commissions, gratuities, or fees with respect
to the bidding process or execution of the Contract.6

Name of Recipient Address Reason Amount

................................... ............................. ............................. .................
................................... ............................. ............................. ................ .

(o) We understand that it is our obligation to notify the Employer of any changes in
connection with the matters described in paragraphs (f), (h), (j), (k), (l), (m), (n) and
(o) of this Letter of Technical Bid.

(p) [We are not a government-owned enterprise] / [We are a government-owned

enterprise but meet the requirements of ITB 4.5].7

(q) We have not been suspended nor declared ineligible by the Employer based on
execution of a Bid-Securing Declaration in accordance with ITB 4.6.

(r) At any time following submission of our Bid, we shall permit, and shall cause our
Joint Venture partners, directors, key officers, key personnel, associates, parent

6 If none has been paid or is to be paid, indicate “None”.

7 Use one of the two options as appropriate.
Section 4: Bidding Forms 4-6

company, affiliates or subsidiaries, including any Subcontractors, consultants,

subconsultants, manufacturers, service providers or Suppliers for any part of the
contract to permit Employer or its representative to inspect our site, assets, accounts
and records and other documents relating to the bid submission and to have them
audited by auditors appointed by Employer. We understand that failure of this
obligation may constitute obstructive practice that may result in debarment and/or
contract termination.

(s) Regardless of whether the contract will be awarded to us, we shall preserve all
accounts, records and other documents related to bid submission for at least 3 years
from the date of submission of the bid or the period prescribed in applicable law,
whichever is longer.

(t) If we are awarded the contract, we shall preserve all accounts, records and other
documents related to the procurement and execution of the contract for at least 5 years
after completing the works contemplated in the relevant contracts or the period
prescribed in applicable law, whichever is longer.

(u) If our Bid is accepted, we commit to mobilizing key equipment and personnel in
accordance with the requirements set forth in Section 6 (Works’ Requirements) and
our technical proposal, or as otherwise agreed with the Employer.

(v) We certify on behalf of the Bidder, that the information provided in the bid has been
fully reviewed, given in good faith, and to the best of our knowledge is true and
complete. We understand that it is our obligation to inform the Employer of any
changes to the information as and when it becomes known to us. We understand that
any misrepresentation that knowingly or recklessly misleads, or attempts to mislead
may lead to the automatic rejection of the Bid or cancellation of the contract, if
awarded; and may result in remedial actions, in accordance with Anticorruption Rules
and Integrity Principles and Guidelines.

Name: [insert complete name of person signing the bid]

In the capacity of [insert legal capacity of person signing the bid]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the Bid for and on behalf of [insert complete name of the Bidder]
Date: [insert date of signing]
Section 4: Bidding Forms 4-7

Letter of Price Bid

-Note-
The Bidder must accomplish the Letter of Price Bid on its letterhead clearly showing the
Bidder’s complete name and address.

Date: ........................................
IFB No.: ........................................
Invitation for Bid No.: ........................................

To: [insert complete name of the Employer]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8.

(b) We acknowledge that we have read and understand Anticorruption Rules and
Integrity Principles and Guidelines.

(c) We offer to execute in conformity with the Bidding Documents and the Technical
Bid submitted for the following Works. [insert narrative]
___________________________________________________________________
___________________________________________________________________

(d) The total price of our Bid, excluding any discounts offered in item (d) below is:

[amount of foreign currency in words], [amount in figures], and [amount of local currency in words],
[amount in figures]

The total bid price from the Summary of Bill of Quantities should be entered by the bidder inside this
box. Absence of the total bid price in the Letter of Price Bid may result in the rejection of the bid.

(e) The discounts offered and the methodology for their application are: [insert discounts
and methodology for their application if any]

(f) Our Bid shall be valid for a period of [insert bid validity period as specified in ITB
18.1 of the BDS] days starts from the date fixed for the bid submission deadline in
accordance with ITB 22.1, and it shall remain binding upon us and may be accepted
at any time before the expiration of that period.

(g) If our Bid is accepted, we commit to obtain a performance security in accordance

with the Bidding Documents.

(h) We understand that this bid, together with your written acceptance thereof included
in your notification of award through the issuance of Letter of Acceptance, shall
constitute a binding contract between us, until a formal contract is prepared and
executed.

(i) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive.
Section 4: Bidding Forms 4-8

(j) At any time following submission of our Bid, we shall permit, and shall cause our
Joint Venture partners, directors, key officers, key personnel, associates, parent
company, affiliates or subsidiaries, including any Subcontractors, consultants,
subconsultants, manufacturers, service providers or Suppliers for any part of the
contract to permit Employer or its representative to inspect our site, assets, accounts
and records and other documents relating to the bid submission and to have them
audited by auditors appointed by Employer. We understand that failure of this
obligation may constitute obstructive practice that may result in debarment and/or
contract termination.

(k) Regardless of whether the contract will be awarded to us, we shall preserve all
accounts, records and other documents related to bid submission for at least 3 years
from the date of submission of the bid or the period prescribed in applicable law,
whichever is longer.

(l) If we are awarded the contract, we shall preserve all accounts, records and other
documents related to the procurement and execution of the contract for at least 5 years
after completing the works contemplated in the relevant contracts or the period
prescribed in applicable law, whichever is longer.

(m) We confirm and stand by our commitments and other declarations made in
connection with the submission of our Letter of Technical Bid.

(n) We certify on behalf of the Bidder, that the information provided in the bid has been
fully reviewed, given in good faith, and to the best of our knowledge is true and
complete. We understand that it is our obligation to inform the Employer of any
changes to the information as and when it becomes known to us. We understand that
any misrepresentation that knowingly or recklessly misleads, or attempts to mislead
may lead to the automatic rejection of the Bid or cancellation of the contract, if
awarded; and may result in remedial actions, in accordance with Anticorruption Rules
and Integrity Principles and Guidelines.

Name: [insert complete name of person signing the bid]

In the capacity of [insert legal capacity of person signing the bid]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the Bid for and on behalf of [insert complete name of the Bidder]
Date: [insert date of signing]
Section 4: Bidding Forms 4-9

Bid Security
Bank Guarantee
[Bank’s name, and address of issuing branch or office]8

Beneficiary: …………………………. [Name and address of the Employer]………………

Date: ……………………………………………………………………………………………
Bid Security No.: ………………………………………………………………………………

We have been informed that [name of the Bidder] (hereinafter called "the Bidder") has
submitted to you its bid dated [please specify] (hereinafter called "the Bid") for the execution
of [name of contract] under Invitation for Bids No. [please specify] (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a

bid guarantee.

At the request of the Bidder, we [name of bank] hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of [amount in words] [amount in figures] upon
receipt by us of your first demand in writing accompanied by a written statement stating that
the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder

(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the
Letter of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of
bid validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses
to furnish the performance security, in accordance with the ITB, or (iii) fails or refuses
to furnish a domestic preference security, if required.

This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies
of the Contract Agreement signed by the Bidder and the Performance Security issued to you
upon the instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the
earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
Bidder, or (ii) 28 days after the expiration of the Bidder’s bid.

Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.9

……………………………………………………………
[Authorized signature(s) and bank’s seal (where appropriate)]

8 All italicized text is for use in preparing this form and shall be deleted from the final document.
9 Or the employer may use “Uniform Rules for Demand Guarantees (URDG) ICC Publication No. 458” as appropriate.
Section 4: Bidding Forms 4-10

Technical Proposal

Personnel

Equipment

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

Local Development Statement

Environmental and Social Management Strategies and Implementation Plan

 Section 4: Bidding Forms 4-11

Personnel
Form PER – 1: Proposed Personnel

Bidder should provide the details of the proposed personnel and their experience record in the
relevant Information Forms below for each candidate:

1. Title of position

Name

2. Title of position

Name

3. Title of position

Name

4. Title of position

Name

5. Title of position

Name

6. Title of position

Name

etc. Title of position

Name

NOTE
All titles of positions will be as listed in Section 3 and 6 (Works’ Requirements).
Section 4: Bidding Forms 4-12

Form PER – 2: Resumé of Proposed Personnel

The Bidder shall provide all the information requested below. Use one form for each position.

Position
Personnel Full Legal Name Date of Birth
information
Known as Place of Birth

Nationality Citizenship

Type of Government ID ID number

Attach a copy of ID to this form

Professional qualifications

Present Name of employer

employment
Address of employer

Telephone Contact (manager / personnel

officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.

From To Company/Project/Position/Relevant Technical and Management

Experience
Section 4: Bidding Forms 4-13

Equipment
Form EQU: Equipment

The Bidder shall provide adequate information and details to demonstrate clearly that it has the
capability to meet the equipment requirements indicated in Section 6 (Works’ Requirements),
using the Forms below. A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Bidder.

Item of Equipment

Equipment Name of manufacturer Model and power rating

Information

Capacity Year of manufacture

Current Current location

Status

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

Section 4: Bidding Forms 4-14

TP 1 - Site Organization

Organizational Chart for the Contract that the Contractor intends to use to perform the Contract,
if the Contract will be awarded to his Firm. Indicate in the chart the names and its corresponding
position of the key personnel nominated in Section 3 (Personnel) and other key personnel that
may be assigned in the Project and showing lines of authorities.

The Organizational Chart should represent the “Contractor’s Organization” required for the
Project and not for the entire firm.
Section 4: Bidding Forms 4-15

TP 2 - Method Statement

Outline of Narrative Description of Construction Methods

1.0 Introduction

Refer to Bidding

2.0 Brief Description of the Contract Works

State features of Contract Works. Use tables as necessary

3.0 Construction methods

a) Method of General Approach

General approach in construction in terms equipment-intensive or labor-based methods,

any special techniques, methods or procedures to ensure the completion on time and
meritorious financing of the project, etc.

b) Program of Work

Progress schedules and Development schedule.

c) Financial Program

Cash Flow and Payment schedule (without showing any price details)

4.0 Compliance to Existing Labor Laws and Standard

5.0 Other anticipated important activity/event that may effect in the smooth implementation
of the project.
Section 4: Bidding Forms 4-16

TP 3- Mobilization Schedule
1. Equipment mobilization Schedule

2. Personnel mobilization Schedule as shown in the organizational chart of the project,

heavy equipment operators, skilled and skilled laborers.

3. Preparation and construction of Contractor’s Office and Living Quarters.

4. Schedule and conduct of joint pre-construction survey.

5. Demobilization Schedule

Note:

The Contractor shall not carry out mobilization to Site unless the Engineer gives consent that
appropriate measures are in place.
Section 4: Bidding Forms 4-17

TP 4 - Construction Schedule
Construction Schedule covering the entire construction period in MS Project format showing
the schedule and sequence of major work activities, project milestones and critical path and
have sufficient detail to allow assessment of the proposed sequencing and timing of the
implementation of the Works. It will also include an adequate number of program activities to
clearly identify all major Works involved.
Section 4: Bidding Forms 4-18

TP 5 - Local Development Statement

Bidder must submit a Local Development Statement clearly stating the Contractor’s commitment
to create local jobs (i.e. skilled and unskilled personnel including admin staff, clerk, drivers,
security, cleaners, as well as other staff involved in the execution of the project and included in
the contractor’s payroll), identify the estimated number of Timorese personnel to be employed,
maximize the use of local materials, and present a detailed plan for capacity building of Timorese
personnel. The local participation content requirement should be at least 10% of the total bid
price and is confirmed in this statement. Local participation that is more than 10% will obtain a
higher score.
Section 4: Bidding Forms 5-19

TP 6 - Environmental and Social Management Strategies and

Implementation Plan
The Bidder shall submit comprehensive and concise Environmental and Social Management Strategies
and Implementation Plan. These strategies and plans shall describe in detail the actions, materials,
equipment, management processes etc. that will be implemented by the Contractor, and its
subcontractors at work site.
The Management Strategies and Implementation Plans must include to manage the Sexual Exploitation
and Abuse prevention and response action plan and Traffic Management Plan to ensure safety of local
communities from construction traffic.
Section 4: Bidding Forms 5-20

Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation
and Qualification Criteria) the Bidder shall provide the following information requested in the
corresponding Information Sheets.
Section 4: Bidding Forms 5-21

Form ELI-1: Bidder’s Information Sheet

Bidder’s Information
Information of the Bidder If the Bidder is a subsidiary
or branch, information of any
parent company/companies

Full legal name(s)

Names
Full trading name(s) (if
any)

Registered address(es)

Trading address(es)
Addresses
Postal address(es) (if
different from trading
address)

Type of organization

Country of
constitution/incorporation/registration

Year of constitution/incorporation/
registration

Corporate or registration number

In case of a Joint Venture, legal name of

each partner
Bidder’s authorized representative
(name, address, telephone number(s), fax
number(s), e-mail address)
Attached are copies of the following documents:
1) In case of a single entity, articles of incorporation or constitution and company incorporation/registration of
the legal entity named above, in accordance with ITB 4.1 and ITB 4.2.
2) Authorization to represent the firm or Joint Venture named above, in accordance with ITB 20.2.
3) In case of a Joint Venture, a letter of intent to form a Joint Venture or Joint Venture agreement, in accordance
with ITB 4.1.
4) In case of a government-owned enterprise, any additional documents not covered under 1 above required to
comply with ITB 4.5.
 Section 4: Bidding Forms 5-22

Form ELI-2: Joint Venture Information Sheet

Each partner of the Joint Venture and Specialist Subcontractor must fill out this form
separately.
Joint Venture / Specialist Subcontractor Information
Bidder’s legal name
Information of Joint If any Joint Venture Partner or
Venture Partner or Specialist Subcontractor is a
Specialist Subcontractor subsidiary or branch,
information of any parent
company/companies

Full legal name(s)

Names
Full trading name(s) (if
any)

Registered address(es)

Trading address (es)

Addresses
Postal address (es) (if
different from trading
address)

Type of organization

Country of
constitution/incorporation/
registration

Year of constitution/incorporation/
registration

Corporate or registration number

Joint Venture Partner’s or Specialist

Subcontractor’s authorized
representative information
(name, address, telephone number(s),
fax number(s), e-mail address)
Attached are copies of the following documents:
1) Articles of incorporation or constitution and company incorporation/registration of the legal entity named
above, in accordance with ITB 4.1 and ITB 4.2.
2) Authorization to represent the firm named above, in accordance with ITB 20.2.
3) In the case of a government-owned enterprise, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
 Section 4: Bidding Forms 5-23

Form CON-1: Historical Contract Nonperformance

Each Bidder must fill out this form in accordance with Criteria of Section 3 (Evaluation and
Qualification Criteria) to describe any history of nonperforming contracts and pending
litigation or arbitration formally commenced against it.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:
Joint Venture Partner: ___________________
Table 1: History of Nonperforming Contracts
Choose one of the following:
❑ No nonperforming contracts.
❑ Below is a description of nonperforming contracts involving the Bidder (or each Joint Venture partner if Bidder
is a Joint Venture).
Amount of
Total
Nonperformed
Contract
Year Description Portion of
Amount ($
Contract ($
equivalent)
equivalent)
[insert Contract Identification: [indicate complete contract name/ number, [insert amount] [insert
year] and any other identification] amount]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main reason(s)]

Table 2: Pending Litigation and Arbitration

Choose one of the following:
❑ No pending litigation, arbitration or any other material events impacting the net worth and/or liquidity of the
bidder.
❑ Below is a description of all pending litigation, arbitration involving the Bidder or any other material events
impacting the net worth and/or liquidity of the bidder (or each Joint Venture partner if Bidder is a Joint
Venture).
Value of
Value of Pending
Pending Claim as a
Year Matter in Dispute
Claim in $ Percentage
Equivalent of Net
Worth
[insert Contract Identification, as applicable: [indicate complete contract [insert amount] [insert
year] name/ number, and any other identification] amount]
Name of Employer, parties involved in the material events impacting
the net worth and/or liquidity of the bidder: [insert full name]
Address of Employer, parties involved in the material events
impacting the net worth and/or liquidity of the bidder: [insert
street/city/country]
Matter of Dispute: [indicate full description of dispute]
Party who initiated the dispute: [indicate “Employer” or “Contractor”]
Status: [indicate status of dispute]
 Section 4: Bidding Forms 5-24

Form FIN-1: Historical Financial Performance

Each Bidder must fill out this form.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:
Joint Venture Partner: ___________________

Financial Data for Previous Three (3) Years [$ Equivalent]

Year: 2020 Year: 2021 Year :2022

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)
Net Worth = TA – TL
Current Assets (CA)
Current Liabilities
(CL)

To be obtained for most recent year and carried

Most Recent
forward to FIN-3 Line 1; in case of Joint Ventures,
Working Capital
to the corresponding Joint Venture Partner’s FIN-3.

Information from Income Statement

Total Revenues
Profits Before Taxes
Profits After Taxes
❑ Attached are copies of financial statements (balance sheets including all related notes and income
statements) for the last three (3) years, as indicated above, complying with the following conditions:
1) Unless otherwise required by Section 3 of the Bidding Document, all such documents reflect the
standalone financial situation of the legal entity or entities comprising the Bidder and not the
Bidder’s parent companies, subsidiaries, or affiliates.
2) Historical financial statements must be audited by a certified accountant.
3) Historical financial statements must be complete, including all notes to the financial statements.
4) Historical financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
Section 4: Bidding Forms 5-25

Form FIN-2: Average Annual Construction Turnover

Each Bidder must fill out this form.

The information supplied should be the Annual Turnover of the Bidder or each partner of a
Joint Venture for the total certified payments received from the clients for contracts in progress
or completed, converted to US dollars at the rate of exchange at the end of the period reported.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:

Joint Venture Partner: ___________________

Annual Turnover Data for the Last Three (3) Years (Construction only)
Year Amount Currency Exchange Rate $ Equivalent

2020

2021

2022

Average Annual Construction Turnover

Section 4: Bidding Forms 5-26

Form FIN-3: Availability of Financial Resources

Bidders must demonstrate sufficient financial resources, usually comprising of Working
Capital supplemented by credit line statements or overdraft facilities and others to meet the
Bidder’s financial requirements for its current contract commitments, and the subject contract.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:

Joint Venture Partner: ___________________

Financial Resources
No. Source of financing Amount ($ equivalent)

1 Working Capital (to be taken from FIN-1)

2 Credit Linea

3 Other Financial Resources

Total Available Financial Resources

a
To be substantiated by a letter from the bank issuing the line of credit.
Section 4: Bidding Forms 5-27

Form FIN-4: Financial Requirements for Current Contract Commitments

Bidders (or each Joint Venture partner) should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.

In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and
provide the Joint Venture Partner’s name:

Joint Venture Partner: ___________________

Current Contract Commitments

No. Name of Employer’s Contract Outstanding Remaining Monthly Financial
Contract Contact Completion Contract Contract Resources Requirement
(Address, Date Value Period in (X / Y)
Tel, Fax) (X) a months (Y) b
1

Total Monthly Financial Requirement for Current Contract $ . . . . . . . . . . . . . . . . .

Commitments

a
Remaining outstanding contract values to be calculated from 28 days prior to the bid submission
deadline ($ equivalent based on the foreign exchange rate as of the same date).
b
Remaining contract period to be calculated from 28 days prior to bid submission deadline.
 Section 4: Bidding Forms 5-28

Form FIN-5: Self-Assessment Tool for Bidder’s Compliance to Financial

Resources (Criterion 2.3.3 of Section 3)
This form requires the same information submitted in Forms FIN - 3 and FIN - 4. All conditions
of “Available Financial Resources Net of CCC ≥ Requirement for the Subject Contract” must
be satisfied to qualify.

Form FIN - 5A: For Single Entities

For Single Total Available Total Monthly Financial Available Financial Requirement Results:
Entities: Financial Requirement for Current Resources Net for the Subject Yes or No
(A) Resources from Contract Commitments of CCC Contract [D must be
FIN – 3 (CCC) from FIN – 4 D = (B - C) (E) greater than or
(B) (C) equal to E]
(F)

_________ ..........
(Name of
Bidder)

Form FIN - 5B: For Joint Ventures

For Joint Total Available Total Monthly Financial Available Financial Requirement Results:
Ventures: Financial Requirement for Current Resources Net for the Subject Yes or No
(A) Resources from Contract Commitments of CCC Contract [D must be greater
FIN – 3 (CCC) from FIN – 4 D = (B - C) (E) than or equal to E]
(B) (C) (F)
One Partner:

____________ ...........
(Name of Partner)
Each Partner:

_____________ ...........
(Name of Partner
1)

_____________ ...........
(Name of Partner
2)

_____________ ...........
(Name of Partner
3)
∑ D = Sum of available financial resources
All partners
net of current contract commitments for all ∑ D = _______ ...........
combined partners
NOTE
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the Employer as an
evaluation work sheet, to determine compliance with the financial resources requirement as stated in 2.3.3. Failure
to submit Form FIN - 5 by the Bidder shall not lead to bid rejection.
 Section 4: Bidding Forms 5-29

Form EXP-1: Contracts of Similar Size and Nature

Fill out one (1) form per contract. Each contract shall be supported by documents such as
Signed Contract Agreement, Taking-Over Certificate, Contract Completion Certificate or
Performance Certificate.

The exchange rate to be used to calculate the value of the contract for conversion to a specific
currency shall be the selling rate of the Borrower’s Central bank on the date of the contract.

Contract of Similar Size and Nature

Contract No . . . . . . of
Contract Identification
.....

Award Date Completion Date

Total Contract $
Amount

If partner in a Joint
Venture or
Subcontractor, specify Percent of Total Amount
participation of total
contract amount

Employer’s name
Address
Telephone number
Fax number
E-mail

Description of the Similarity in Accordance with

Criterion of Section 3 (Evaluation and Qualification Criteria)
Section 4: Bidding Forms 5-30

Form EXP-2: Construction Experience in Key Activities

Fill out one (1) form per contract. Each contract shall be supported by documents such as
Signed Contract Agreement, Taking-Over Certificate or Contract Completion Certificate.

Each Bidder must fill out this form.

If complied by Specialist Subcontractor, each Specialist Subcontractor must fill out this form
and provide the Specialist Subcontractor’s name:

Specialist Subcontractor: ___________________

Key Activity No One: ________________________
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount US$
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of the (i) (ii) Performed
year (i) x (ii)
Year 1
Year 2
Year 3
Year 4
Employer’s Name:
Address:
Telephone/fax number
E-mail:

Information

Description of the key activities in

accordance with Section 3:

2. Activity No. Two

3. …………………
Section 4: Bidding Forms 5-31

Bill of Quantities

ISSUED IN A SEPARATE VOLUME AS VOLUME 2

Objectives

The objectives of the Bill of Quantities are:

(a) to provide sufficient information on the quantities of Works to be performed to enable

bids to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in
the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works of the
same nature carried out in different locations or in other circumstances which may give rise to
different considerations of cost. Consistent with these requirements, the layout and contents of
the Bill of Quantities should be as simple and brief as possible.
Section 4: Bidding Forms 5-32

PREAMBLE

1. The Bill of Quantities is not and does not purport to be either exhaustive or explanatory of
all the obligations and duties of the Contractor who shall be deemed to have satisfied
himself as to the correctness and sufficiency of the rates and prices stated in the Bill of
Quantities all of which shall cover all his obligations under the Contract (including those
in respect of the supply of goods, materials or services) and all matters and things necessary
for the proper execution and completion of the Works and the remedying of any defects
therein and which may reasonably be inferred to be necessary for the Works shown in the
Drawings and described in the Specification whether expressly mentioned therein or not.

2. A detailed description of the items and of the conditions under which and the manner in
which the work is to be done is not set out in each item of the Bill of Quantities, and
reference should be made to this Preamble, drawings, specifications and all other
documents forming the Contract and from site visits before submission of the bid.

3. Rates and prices are to cover fixing or finishing the work completely.

4. The Contractor shall be deemed to have inserted against each item in the Bills such rates
and prices as he may deem necessary to cover the requirements of the Contract. Where no
rate or price is inserted against any item in the Bills the cost thereof will be deemed to have
been included in other items priced by the Contractor.

5. All measurements in the Bill of Quantities are taken strictly net. The principle of net
measurement shall apply to all Works executed. All quantities measured for payment will
be measured by the Engineer on the basis of actual quantities in place of accepted Works
executed according to the principal of net measurement. Items not used shall not be
measured or included by the Contractor in his statements.
5.1 The quantities given in the Bill are only approximate. In no sense shall such quantities
be considered as limiting or extending the amount of the work to be done by the
Contractor and of the materials to be supplied by him. The Contractor shall be
responsible for checking quantities and for making any necessary site investigations
prior to placing his order for materials.
5.2 Subject to the provisions of the Conditions of Contract the Contractor shall value the
Permanent Works executed at the rates in the Bill of Quantities.
5.3 All measurements in the Bill of Quantities are taken strictly net. The principle of net
measurement shall apply to all Works executed. All quantities measured for payment
will be measured by the Engineer on the basis of actual quantities in place of accepted
Works executed according to the principal of net measurement. Items not used shall
not be measured or included by the Contractor in his statements.
6. Where the Bill of Quantities does not include separate items for Contractor's Equipment,
Temporary Works, the Contractor shall be deemed to have covered his obligations in these
respects in the rates and prices for Permanent Works.
7. The Contingency amount is fixed and the execution is subjected to the prior approval of the
employer (project owner).
Section 5: Eligible Countries 5-1

Section 5: Eligible Countries

Eligibility for the Provision of Goods, Works and Non-Consulting Services

from any or all countries
Section 7: General Conditions of Contract 7-1

Section 6: Works’ Requirements

This section comprising Works’ Requirement contains the Specifications, Environmental,

Health and Safety Management Requirement, Drawings, Supplementary Information that
describe the Works to be procured, Key Personnel Requirements, and Equipment
Requirements.

Table of Contents

Specifications

Environmental, Health and Safety Management Requirement

Drawings

Supplementary Information Regarding Works to Be Procured

Key Personnel Requirements

Equipment Requirements
Section 7: General Conditions of Contract 7-2

Specifications

TECHNICAL SPECIFICATIONS (ISSUED IN A SEPARATE VOLUME AS VOLUME 3)

Section 7: General Conditions of Contract 7-3

Drawings

DRAWINGS (ISSUED IN A SEPARATE VOLUME AS VOLUME 4)

Section 7: General Conditions of Contract 7-4

Supplementary Information
Regarding Works to Be Procured

SUPPLEMENTARY INFORMATION (ISSUED IN A SEPARATE VOLUME AS

VOLUME 5)
Section 7: General Conditions of Contract 7-5

Section 7: General Conditions of Contract

The Conditions of Contract consists of two parts, this Section 7 (General Conditions of
Contract) and the following Section 8 (Particular Conditions of Contract).

Red Book:

© FIDIC 2017. All rights reserved.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions
of Contract for Construction for Building and Engineering Works Designed by the Employer
(“Red book”) Second edition 2017” published by the Federation Internationale Des Ingenieurs
– Conseils (FIDIC) and the following Section 8 “Particular Conditions of Contract.”

An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building and
Engineering Works Designed by the Employer” must be obtained from FIDIC.

International Federation of Consulting Engineers (FIDIC)

FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland

Fax: +41 22 799 49 054
Telephone: +41 22 799 49 01
E-mail: [email protected]
www.fidic.org
FIDIC code: ISBN13: 978-2-88432-084-9
Section 7: General Conditions of Contract 7-6

APPENDIX
General Conditions of Dispute Board Agreement

1. Definitions Each “Dispute Board Agreement” is a tripartite agreement by and

between:

(a) the “Employer”;

(b) the “Contractor”; and
(c) the “Member” who is defined in the Dispute Board Agreement
as being:
(i) the sole member of the "DB" (or “dispute board”) and,
where this is the case, all references to the “Other
Members” do not apply, or
(ii) one of the three persons who are jointly called the “DB”
and, where this is the case, the other two persons are called
the “Other Members.”

The Employer and the Contractor have entered (or intend to enter)
into a contract, which is called the "Contract" and is defined in the
Dispute Board Agreement, which incorporates this Appendix. In
the Dispute Board Agreement, words and expressions which are not
otherwise defined shall have the meanings assigned to them in the
Contract.

2. General Unless otherwise stated in the Dispute Board Agreement, it shall

Provisions take effect on the latest of the following dates:

(a) the Commencement Date defined in the Contract,

(b) when the Employer, the Contractor, and the Member have
each signed the Dispute Board Agreement, or
(c) when the Employer, the Contractor and each of the Other
Members (if any) have respectively each signed a dispute
board agreement.

This employment of the Member is a personal appointment. At any

time, the Member may give not less than 70 days’ notice of
resignation to the Employer and to the Contractor, and the Dispute
Board Agreement shall terminate upon the expiry of this period.

3. Warranties The Member warrants and agrees that he/she is and shall be
impartial and independent of the Employer, the Contractor, and the
Engineer. The Member shall promptly disclose, to each of them and
to the Other Members (if any), any fact or circumstance, which
might appear inconsistent with his/her warranty and agreement of
impartiality and independence.

When appointing the Member, the Employer and the Contractor

relied upon the Member’s representations that he/she is

(a) experienced in the work, which the Contractor is to carry out

under the Contract;
Section 7: General Conditions of Contract 7-7

(b) experienced in the interpretation of contract documentation;

and
(c) fluent in the language for communications defined in the
Contract.

4. General The Member shall

Obligations of
the Member (a) have no interest, financial or otherwise, in the Employer, the
Contractor or Engineer, nor any financial interest in the
Contract except for payment under the Dispute Board
Agreement;
(b) not previously have been employed as a consultant or
otherwise by the Employer, the Contractor, or the Engineer,
except in such circumstances as were disclosed in writing to
the Employer and the Contractor before they signed the
Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor, and
the Other Members (if any), before entering into the Dispute
Board Agreement and to his/her best knowledge and
recollection, any professional or personal relationships with
any director, officer, or employee of the Employer, the
Contractor or the Engineer, and any previous involvement in
the overall project of which the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be
employed as a consultant or otherwise by the Employer, the
Contractor, or the Engineer, except as may be agreed in writing
by the Employer, the Contractor, and the Other Members (if
any);
(e) comply with the annexed procedural rules and with Subclause
20.4 of the Conditions of Contract;
(f) not give advice to the Employer, the Contractor, the
Employer’s Personnel or the Contractor’s Personnel
concerning the conduct of the Contract, other than in
accordance with the annexed procedural rules;
(g) not, while a Member, enter into discussions or make any
agreement with the Employer, the Contractor, or the Engineer
regarding employment by any of them, whether as a consultant
or otherwise, after ceasing to act under the Dispute Board
Agreement;
(h) ensure his/her availability for all site visits and hearings as are
necessary;
(i) become conversant with the Contract and with the progress of
the Works (and of any other parts of the project of which the
Contract forms part) by studying all documents received,
which shall be maintained in a current working file;
(j) treat the details of the Contract and all the DB’s activities and
hearings as private and confidential, and not publish or
disclose them without the prior written consent of the
Employer, the Contractor, and the Other Members (if any);
and
(k) be available to give advice and opinions, on any matter relevant
to the Contract when requested by both the Employer and the
Section 7: General Conditions of Contract 7-8

Contractor, subject to the agreement of the Other Members (if

any).

5. General The Employer, the Contractor, the Employer’s Personnel and the
Obligations of Contractor’s Personnel shall not request advice from or
the Employer consultation with the Member regarding the Contract, otherwise
and the than in the normal course of the Dispute Board’s activities under
Contractor the Contract and the Dispute Board Agreement. The Employer and
the Contractor shall be responsible for compliance with this
provision, by the Employer’s Personnel and the Contractor’s
Personnel respectively.

The Employer and the Contractor undertake to each other and to the
Member that the Member shall not, except as otherwise agreed in
writing by the Employer, the Contractor, the Member, and the
Other Members (if any),

(a) be appointed as an arbitrator in any arbitration under the

Contract;
(b) be called as a witness to give evidence concerning any dispute
before arbitrator(s) appointed for any arbitration under the
Contract; or
(c) be liable for any claims for anything done or omitted in the
discharge or purported discharge of the Member’s functions,
unless the act or omission is shown to have been in bad faith.

The Employer and the Contractor hereby jointly and severally

indemnify and hold the Member harmless against and from claims
from which he is relieved from liability under the preceding
paragraph.

Whenever the Employer or the Contractor refers a dispute to the

Dispute Board under Subclause 20.4 of the Conditions of Contract,
which will require the Member to make a site visit and attend a
hearing, the Employer or the Contractor shall provide appropriate
security for a sum equivalent to the reasonable expenses to be
incurred by the Member. No account shall be taken of any other
payments due or paid to the Member.

6. Payment The Member shall be paid as follows, in the currency named in the
Dispute Board Agreement:

(a) a retainer fee per calendar month, which shall be considered as

payment in full for
(i) being available on 28 days’ notice for all site visits and
hearings;
(ii) becoming and remaining conversant with all project
developments and maintaining relevant files;
(iii) all office and overhead expenses including secretarial
services, photocopying and office supplies incurred in
connection with his duties; and
Section 7: General Conditions of Contract 7-9

(iv) all services performed hereunder except those referred to

in sub-paragraphs (b) and (c) of this Clause.

The retainer fee shall be paid with effect from the last day of the
calendar month in which the Dispute Board Agreement becomes
effective; until the last day of the calendar month in which the
Taking-Over Certificate is issued for the whole of the Works.

With effect from the first day of the calendar month following the
month in which the Taking-Over Certificate is issued for the whole
of the Works, the retainer fee shall be reduced by one third. This
reduced fee shall be paid until the first day of the calendar month in
which the Member resigns or the Dispute Board Agreement is
otherwise terminated.

(b) a daily fee, which shall be considered as payment in full, for

(i) each day or part of a day up to a maximum of 2 days’
travel time in each direction for the journey between the
Member’s home and the site, or another location of a
meeting with the Other Members (if any);
(ii) each working day on Site visits, hearings, or preparing
decisions; and
(iii) each day spent reading submissions in preparation for a
hearing.

(c) all reasonable expenses, including necessary travel expenses

(air fare in less than first class, hotel and subsistence, and other
direct travel expenses) incurred in connection with the
Member’s duties, as well as the cost of telephone calls, courier
charges, faxes and telexes: a receipt shall be required for each
item in excess of five percent (5%) of the daily fee referred to
in sub-paragraph (b) of this Clause;

(d) any taxes properly levied in the Country on payments made to

the Member (unless a national or permanent resident of the
Country) under this Clause 6.

The retainer and daily fees shall be as specified in the Dispute

Board Agreement. Unless it specifies otherwise, these fees shall
remain fixed for the first 24 calendar months, and shall thereafter
be adjusted by agreement between the Employer, the Contractor,
and the Member, at each anniversary of the date on which the
Dispute Board Agreement became effective.

If the parties fail to agree on the retainer fee or the daily fee, the
appointing entity or official named in the Contract Data shall
determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly
retainer and air fares quarterly in advance. Invoices for other
expenses and for daily fees shall be submitted following the
conclusion of a site visit or hearing. All invoices shall be
Section 7: General Conditions of Contract 7-10

accompanied by a brief description of activities performed during

the relevant period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member’s invoices in full

within 56 calendar days after receiving each invoice and shall apply
to the Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these invoices. The
Employer shall then pay the Contractor in accordance with the
Contract.

If the Contractor fails to pay to the Member the amount to which

he/she is entitled under the Dispute Board Agreement, the
Employer shall pay the amount due to the Member and any other
amount which may be required to maintain the operation of the
Dispute Board; and without prejudice to the Employer’s rights or
remedies. In addition to all other rights arising from this default, the
Employer shall be entitled to reimbursement of all sums paid in
excess of one-half of these payments, plus all costs of recovering
these sums and financing charges calculated at the rate specified in
Subclause 14.8 of the Conditions of Contract.

If the Member does not receive payment of the amount due within
70 days after submitting a valid invoice, the Member may (i)
suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice
under Clause 7.

7. Termination At any time, (i) the Employer and the Contractor may jointly
terminate the Dispute Board Agreement by giving 42 days’ notice
to the Member; or (ii) the Member may resign as provided for in
Clause 2.

If the Member fails to comply with the Dispute Board Agreement,

the Employer and the Contractor may, without prejudice to their
other rights, terminate it by notice to the Member. The notice shall
take effect when received by the Member.

If the Employer or the Contractor fails to comply with the Dispute

Board Agreement, the Member may, without prejudice to his other
rights, terminate it by notice to the Employer and the Contractor.
The notice shall take effect when received by them both.

Any such notice, resignation and termination shall be final and

binding on the Employer, the Contractor, and the Member.
However, a notice by the Employer or the Contractor, but not by
both, shall be of no effect.

8. Default of the If the Member fails to comply with any of his obligations under
Member Clause 4 (a)-(d) above, he shall not be entitled to any fees or
expenses hereunder and shall, without prejudice to their other
rights, reimburse each of the Employer and the Contractor for any
fees and expenses received by the Member and the Other Members
Section 7: General Conditions of Contract 7-11

(if any), for proceedings or decisions (if any) of the Dispute Board
which are rendered void or ineffective by the said failure to comply.

If the Member fails to comply with any of his obligations under

Clause 4 (e) - (k) above, he shall not be entitled to any fees or
expenses hereunder from the date and to the extent of the
noncompliance and shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor for any fees and
expenses already received by the Member, for proceedings or
decisions (if any) of the Dispute Board, which are rendered void or
ineffective by the said failure to comply.
9. Disputes Any dispute or claim arising out of or in connection with this
Dispute Board Agreement, or the breach, termination, or invalidity
thereof, shall be finally settled by institutional arbitration. If no
other arbitration institute is agreed, the arbitration shall be
conducted under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance
with these Rules of Arbitration.
Section 7: General Conditions of Contract 7-12

Procedural Rules
Unless otherwise agreed by the Employer and the Contractor, the Dispute Board shall visit the
site at intervals of not more than 140 days, including times of critical construction events, at
the request of either the Employer or the Contractor. Unless otherwise agreed by the Employer,
the Contractor, and the Dispute Board, the period between consecutive visits shall not be less
than 70 days, except as required to convene a hearing as described below.

The timing of and agenda for each site visit shall be as agreed jointly by the Dispute Board,
the Employer, and the Contractor, or in the absence of agreement, shall be decided by the
Dispute Board. The purpose of site visits is to enable the Dispute Board to become and remain
acquainted with the progress of the Works and of any actual or potential problems or claims,
and, as far as reasonable, to endeavor to prevent potential problems or claims from becoming
disputes.

Site visits shall be attended by the Employer, the Contractor, and the Engineer and shall be
coordinated by the Employer in cooperation with the Contractor. The Employer shall ensure
the provision of appropriate conference facilities and secretarial and copying services. At the
conclusion of each site visit and before leaving the site, the Dispute Board shall prepare a report
on its activities during the visit and shall send copies to the Employer and the Contractor.

The Employer and the Contractor shall furnish to the Dispute Board one copy of all documents
which the Dispute Board may request, including Contract documents, progress reports,
variation instructions, certificates, and other documents pertinent to the performance of the
Contract. All communications between the DB and the Employer or the Contractor shall be
copied to the other Party. If the Dispute Board comprises three persons, the Employer and the
Contractor shall send copies of these requested documents and these communications to each
of these persons.

If any dispute is referred to the Dispute Board in accordance with Subclause 20.4 of the
Conditions of Contract, the Dispute Board shall proceed in accordance with Subclause 20.4
and these Rules. Subject to the time allowed to give notice of a decision and other relevant
factors, the Dispute Board shall

(a) act fairly and impartially as between the Employer and the Contractor, giving each of
them a reasonable opportunity of putting his case and responding to the other’s case; and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.

The Dispute Board may conduct a hearing on the dispute, in which event it will decide on the
date and place for the hearing and may request that written documentation and arguments from
the Employer and the Contractor be presented to it prior to or at the hearing.

Except as otherwise agreed in writing by the Employer and the Contractor, the Dispute Board
shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or
audience at hearings to any persons other than representatives of the Employer, the Contractor,
and the Engineer, and to proceed in the absence of any party who the Dispute Board is satisfied
received notice of the hearing; but shall have discretion to decide whether and to what extent
this power may be exercised.

The Employer and the Contractor empower the Dispute Board, among other things, to

(a) establish the procedure to be applied in deciding a dispute;

Section 7: General Conditions of Contract 7-13

(b) decide upon the Dispute Board’s own jurisdiction, and as to the scope of any dispute
referred to it;
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other
than those contained in the Contract and these Guidelines;
(d) take the initiative in ascertaining the facts and matters required for a decision;
(e) make use of its own specialist knowledge, if any;
(f) decide upon the payment of financing charges in accordance with the Contract;
(g) decide upon any provisional relief such as interim or conservatory measures; and
(h) open up, review and revise any certificate, decision, determination, instruction, opinion
or valuation of the Engineer, relevant to the dispute.

The Dispute Board shall not express any opinions during any hearing concerning the merits of
any arguments advanced by the Parties. Thereafter, the Dispute Board shall make and give its
decision in accordance with Subclause 20.4, or as otherwise agreed by the Employer and the
Contractor in writing. If the Dispute Board comprises three persons:

(a) it shall convene in private after a hearing, in order to have discussions and prepare
its decision;
(b) it shall endeavour to reach a unanimous decision: if this proves impossible, the
applicable decision shall be made by a majority of the Members, who may require
the minority Member to prepare a written report for submission to the Employer
and the Contractor; and
(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function,
the other two Members may nevertheless proceed to make a decision, unless
(i) either the Employer or the Contractor does not agree that they do so, or
(ii) the absent Member is the chairman and he/she instructs the other Members
to not make a decision.
 Section 9: Contract Forms 9-1

Section 8: Particular Conditions of Contract

Part A – Contract Data

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
Additional Effectiveness of the contract The full effectiveness of the contract takes place
Clause with the publication of an announcement of
contract execution on the Procurement Portal
1.1.27 Defects Notification Period _______days

[Note: Specify the number of days. If not

indicated, it shall be 365 days]
1.1.31 Employer’s name and address _____________________

1.1.35 Engineer’s name and address

1.1.73 Sections
[Note: If Sections are to be used, refer to Table:
Summary of Sections below]
1.1.84 Time for Completion 180 days from Notice to Proceed

Please refer to the Sections in the Table:

Summary of Sections below]
Additional Bonus (Premiums for Early The Contractor maybe eligible for bonus upon
Clause Compliance) early completion of project
1.3 (a) (ii) Electronic transmission system [Note: Employer to specify the electronic
transmission systems]
1.3(d) Address of Employer for
communications:
1.3(d) Address of Engineer for
communications:
1.3(d) Address of Contractor for
communications:
1.4 Governing Law The Law of the Democratic Republic of Timor-
Leste
1.4 Ruling language English and Portuguese
1.4 Language for communications English and Portuguese
1.6 Time for the Parties to sign a Within 60 days after receipt of the Letter of
Contract Agreement Acceptance
 Section 9: Contract Forms 9-2

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
1.8 Number of additional paper Two Copies
copies of Contractor’s
Documents
1.15 Total liability of the Contractor 100% of Accepted Contract Amount
to the Employer under or in
connection with the Contract
2.1 Time for access to the Site The whole of the Site will be handed over no later
than the 60 days from Commencement Date.
3.2 Engineer’s Duties and All Variation resulting in an increase of the
Authority Accepted Contract Amount shall require prior
written consent of the Employer.
Additional Variations Variations cannot result in an increase in the
Clause Accepted Contract Amount of more than 30%
4.2 Performance Security The Performance Security will be in the form of
an unconditional bank guarantee in the amount of
5 % (five percent) of the Accepted Contract
Amount and in the same currency of the
Accepted Contract Amount.

The performance security will be in the form of

an unconditional bank guarantee in the amount
up to 10 % (ten percent) of the Accepted Contract
Amount if the award falls on a bid that contains
an abnormally low price.
In case the bank issuing the Performance Security
is located outside Timor-Leste, it shall have a
correspondent bank or financial institution
located in the territory of Timor-Leste to make
the guarantee enforceable.
4.7.2 (a) Period for notification of errors 30 Days
in the items of reference
4.19 Period of payment for Each Month
temporary utilities
4.20 Number of additional paper One paper-original, One electronic copy and five
copies of progress reports paper copies
5.1(a) Maximum allowable 30%
accumulated value of work
subcontracted (as a percentage
of the Accepted Contract
Amount)
5.1(b) Parts of the Works for which Not Applicable
subcontracting is not permitted
6.5 Normal working hours Eight (8) hours/day
 Section 9: Contract Forms 9-3

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)

The Contractor may work on public holidays

subject to approval of the Engineer.
8.3 Number of additional paper one paper copy, one electronic copy and five
copies of program paper copies
8.8 Delay damages payable for 0.01% of the Accepted Contract Price per day, in
each day of delay the currencies and proportions in which the
Contract Price is payable.
8.8 Maximum amount of delay Ten percent (10%) of the Accepted Contract
damages Amount
12.2 Method of measurement The method of measurement shall be in
accordance with the Bill of Quantities.

Measurement shall be made of the net actual

quantity of each item of the Permanent Works
and no allowance shall be made for bulking,
shrinkage or waste.

The measurement is carried out monthly, and

must be completed by the 10th day of the month
immediately following the month to which it
relates.
13.4 (b)(ii) Percentage rate to be applied to Not Applicable
Provisional Sums for overhead
charges and profit
14.2 Total Advance Payment Twenty Percentages (20%) of the Accepted
Contract Amount.

“The Contractor shall obtain (at the Contractor’s

cost) an Advance Payment Guarantee in amounts
and currencies equal to the advance payment, and
shall submit it to the Employer with a copy to the
Engineer. In case the bank issuing the
Performance, Security is located outside Timor-
Leste, it shall have a correspondent bank located
in the territory of Timor-Leste to make the
guarantee enforceable.”
 Section 9: Contract Forms 9-4

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
14.2.3 Repayment of Advance “The advance payment shall be repaid through
payment percentage deductions from payments otherwise
due to the Contractor. Deductions shall
commence in the next Payment Certificate
following that in which the total of all payments
certified to the Contractor has reached thirty
percent (30%) of the Contract Price less
Provisional Sums and , and shall be made at the
rate of thirty percent (30%) of the amount of all
Payment Certificates in the types and
proportionate amounts of currencies of the
Advance Payment until such time as the Advance
Payment has been repaid; always provided that
the Advance Payment shall be completely repaid
prior to the time when 80 percent of the Contract
Price has been certified for payment.”
14.3 Period of payment Payments must be made within a maximum
period of 60 days after receipt of the respective
invoices
14.3(b) Number of additional paper one paper-original, one electronic copy and five
copies of Statements paper copies

14.3(iii) Percentage of retention as a The percentage of retention 5% of Accepted

Quality guarantee Contract Amount

The percentage of retention 10% of Accepted

Contract Amount if the award falls on a bid that
contains an abnormally low price
14.3(iii) Limit of Retention Money (as Five Percent (5%) of the Accepted Contract
a percentage of Accepted Amount
Contract Amount)

14.5(b)(i) Plant and Materials Not Applicable

14.5(c)(i) Not Applicable

14.6.2 Minimum Amount of Interim “No minimum amount applies”
Payment Certificates
14.7(a) Period of payment of Advance 30 days
Payment to the Contractor
 Section 9: Contract Forms 9-5

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
14.7b(i) Period for the Employer to 60 days
make interim payments to the
Contractor under Sub-Clause
14.6 (interim Payment)
14.7b(ii) Period for the Employer to 60 days
make the Final Payment to the
Contractor under Sub-Clause
14.13
14.7(c) Period for the Employer to 60 days
make final payment to the
Contractor
14.8 Financing charges for delayed 3%
payment (percentage points
above the average bank short-
term lending rate as referred to
under sub-paragraph (a))
14.11.1(b) Number of additional paper one paper-original, one electronic copy and five
copies of draft Final Statement paper copies

17.2(d) Forces of nature, the risks of The Contractor shall rectify any such loss and/or
which are allocated to the damage that instructed by the Engineer and any
Contractor cause for which the Contractor is liable.
19.1 Permitted deductible limits No Deductible Limit.

19.2.1(b) Additional amount to be 15%

insured
(as a percentage of the
replacement value, if less or
more than 15%)
19.2.1(iv) List of Exceptional Risks All risks shall be covered in the insurance
which shall not be excluded
from the insurance cover for
the Works
19.2.2 Extent of insurance required Full replacement value including delivery to Site
for Goods

Amount of insurance required USD 1,000,000.00

for Goods
 Section 9: Contract Forms 9-6

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
19.2.3(a) Amount of insurance required 100% of Contract Price
for liability for breach of
professional duty
19.2.3(b) Insurance required against Yes
liability for fitness for purpose
19.2.3 Period of insurance required The Contractor shall maintain this insurance for
for liability for breach of the period of ____ months from the
professional duty commencement.
19.2.4 Amount of insurance required USD 100,000.00/occurrence
for injury to persons and
damage to property

19.2.6 Other insurances required by As per Timor-Leste Law

Laws and by local practice
(give details)
21.1 Time for appointment of 28 days after the Commencement Date
Dispute
Avoidance/Adjudication Board
(DAAB) member (s)
21.1 The DAAB shall comprise One sole member
21.1 List of proposed members of Proposed by Employer
DAAB 1.______________________
2.______________________
3.______________________

Proposed by Contractor
1.______________________
2.______________________
3.______________________
21.2 Appointment (if not agreed) to Singapore International Arbitration Centre
be made by (SIAC)

21.6 (a)(i) Rules of arbitration and The Rules of Arbitration of the Singapore
administration of arbitration International Arbitration Centre (SIAC), with
proceedings proceedings administered by SIAC shall apply
21.6 (a)(ii) Number of arbitrators one arbitrator

21.6 (a)(iii) Place of arbitration Singapore or any other neutral place, mutually
agreed upon by both contracting parties
 Section 9: Contract Forms 9-7

Ref. Sub- Conditions Data

Clause (Col 1) (Col 2) (Col 3)
Additional Spare Parts The Contractor agrees to supply spare parts for a
Clause period of years: five (05) years from Completion.

The Contractor shall carry sufficient inventories

to ensure an ex-stock supply of consumable
spares for the Plant. Other spare parts and
components shall be supplied as promptly as
possible, but at the most within 6 months of
placing the order and opening the letter of credit.
In addition, in the event of termination of the
production of spare parts, advance notification
will be made to the Employer of the pending
termination, with sufficient time to permit the
Employer to procure the needed requirement.
Following such termination, the Contractor will
furnish to the extent possible and at no cost to the
Employer the blueprints, drawings and
specifications of the spare parts, if requested.
Additional Commissioning and The Guarantee Test of the Facilities shall be
Clause Operational Acceptance successfully completed within sixty (60) days
from the date of Completion.
The following Documents shall be provided;
• Final Build design drawings/Documents: six
(06) hard copies and soft copies
• Commissioning Test Report: six (06) hard
copies and soft copy
The Operational Acceptance Certificate shall be
issued only one time when all the above
conditions are satisfactorily met.

The Project Manager shall, after consultation

with the Employer, and within 14 days after
receipt of the Contractor’s notice, issue an
Operational Acceptance Certificate.

If within 14 days after receipt of the Contractor’s

notice, the Project Manager fails to issue the
Operational Acceptance Certificate or fails to
inform the Contractor in writing of the justifiable
reasons why the Project Manager has not issued
the Operational Acceptance Certificate, the
Facilities or the relevant part thereof shall be
deemed to have been accepted as of the date of
the Contractor’s said notice.

Partial Acceptance is not applicable.

Section 9: Contract Forms 9-8

Table: Summary of Sections (if any)

Description of parts of Value: Percentage* Time for Delay Damages
the Works that shall be of Accepted Contract Completion
designated a Section Amount (Sub-Clause 8.8)
for the purposes of the (Sub-Clause 14.9) (Sub-Clause
Contract 1.1.84)
(Sub-Clause 1.1.73)

*These percentages shall also be applied to each half of the Retention Money under Sub-Clause
14.9.
Section 9: Contract Forms 9-9

Section 9: Contract Forms

This section contains forms which, once completed, will form part of the Contract. The forms
for Performance Security, Advance Payment Guarantee and Retention Money Security, when
required, shall only be completed by the successful Bidder after contract award.

Table of Forms

Notice of Intention for Award of Contract ……….………………………………….... 9-2

Letter of Acceptance ……………………………………………………………….….... 9-3

Contract Agreement …………………………………………………………………...... 9-4

Performance Security ……………………………………………………………………. 9-6

Advance Payment Guarantee ……………………………………………………………. 9-8

Retention Money Security …………………………………………………….…….... 9-10

Section 9: Contract Forms 9-10

Notice of Intention for Award of Contract

[on letterhead paper of the Employer]

[date of notification]

This is to notify you of our intention to award the contract [insert name of the contract and
identification number, as given in the Bid Data Sheet]. You have [insert number of days as
specified in ITB 41.1 of the BDS] days from the date of this notification to (i) request for a
debriefing in relation to the evaluation of your Bid; and/or (ii) submit a bidding-related
complaint in relation to the intention for award of contract, in accordance with the procedures
specified in ITB 46.1.

1. The Successful Bidder

Name of Bidder:
Address:
Accepted Contract Amount:
Duration of Contract:
Scope of the Contract Awarded:
Amount Performance Security Required:

Authorized Signature: ……………………………………………………………

Name and Title of Signatory: ……………………………………………………
Name of Agency: …………………………………………………………………
Section 9: Contract Forms 9-11

Letter of Acceptance
[on letterhead of Employer]

[date]

To: [Name and address of the contractor]

Subject: Contract No. [please specify]

This is to notify you that your Bid dated [date] for execution of the [name of the contract and
identification number, as given in the Bid Data Sheet] for the Accepted Contract Amount in
the equivalent of [amount in words and figures and name of currency], as corrected and
modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract and any additional security required as a result of the evaluation of your
bid, using for that purpose the Performance Security Form included in Section 9 (Contract
Forms) of the Bidding Document.

Authorized Signature: ……………………………………………………………

Name and Title of Signatory: ……………………………………………………
Name of Agency: …………………………………………………………………

Attachment: Contract Agreement

Section 9: Contract Forms 9-12

Contract Agreement

THIS CONTRACT AGREEMENT made the [date] day of [month], [year], between [name of
the Employer] (hereinafter “the Employer”), of the one part, and [name of the contractor]
(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as [name of the contract] should be
executed by the Contractor, and has accepted a Bid by the Contractor for the execution and
completion of these Works and the remedying of any defects therein.

The Employer and the Contractor agree as follows:

1. In this Contract Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of
this Contract Agreement. This Contract Agreement shall prevail over all other Contract
documents.

(a) the Contract Agreement

(b) Letter of Acceptance,
(c) Letter of Technical Bid,
(d) Letter of Price Bid,
(e) the Particular Conditions,
(f) General Conditions of Contract,
(g) Clarifications and Addendum,
(h) Employer’s Requirements and Scope of Work
(i) the Specifications,
(j) the Drawings,
(k) completed Schedules including Bill of Quantities,
(l) Awarded Bid,
(m) Clarifications on the awarded bid provided by the successful bidder
(n) the Joint Venture Undertaking (If Contract is a Joint Venture), and
(o) any other documents shall be added here.10

3. In consideration of the payments to be made by the Employer to the Contractor as

indicated in this Contract Agreement, the Contractor hereby covenants with the Employer
to execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or

10 Tables of Adjustment Data may be added if the contract provides for price adjustment (see GCC 13.7).
Section 9: Contract Forms 9-13

such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Contract Agreement to be executed
in accordance with the laws of [name of the borrowing country] on the day, month and year
indicated above.

Signed by ………………………… Signed by …………………………

for and on behalf of the Employer for and on behalf the Contractor

in the presence of in the presence of

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
Section 9: Contract Forms 9-14

Performance Security
[Bank’s name, and address of issuing branch or office]11

Beneficiary: ………. [Name and address of the Employer] ……….

Date: ……………………………………………………………..
Performance Guarantee No.: …………………………………

We have been informed that [name of the contractor] (hereinafter called "the Contractor") has
entered into Contract No. [reference number of the contract] dated [date] with you, for the
execution of [name of contract and brief description of works] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.

At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [name of the currency and amount in
words]12 [amount in figures] such sum being payable in the types and proportions of currencies
in which the Contract Price is payable, upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation(s)
under the Contract, without your needing to prove or to show grounds for your demand or the
sum specified therein.

This guarantee shall expire, no later than the [date] day of [month], [year], 13 and any demand
for payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded.14

………………………………………………………………
[Signature(s) and seal of bank (where appropriate)]

NOTE TO THE BIDDER

11 All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
12 The guarantor shall insert an amount representing the percentage of the accepted contract amount specified in the contract
and denominated either in the currency(ies) of the contract or in any freely convertible currency acceptable to the Employer.
13 Insert the date 28 days after the expected expiry of defect notification period. The Employer should note that in the event
of an extension of the time for completion of the contract, the Employer would need to request an extension of this
guarantee from the guarantor. Such request must be in writing and must be made prior to the expiration date established in
the guarantee. In preparing this guarantee, the employer might consider adding the following text to the form, at the end
of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[6 months] [1 year], in response to the Employer’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”
14 Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that sub-
paragraph (ii) of Sub-article 20(a) is hereby excluded” as appropriate.
Section 9: Contract Forms 9-15

If the bank issuing performance security is located outside the Employer’s country, it shall be counter-guaranteed
or encashable by a bank in the Employer’s country.
Section 9: Contract Forms 9-16

Advance Payment Guarantee

[Bank’s name, and address of issuing branch or office]15

Beneficiary: ………. [Name and address of the Employer] ……….

Date: ……………………………………………………………..
Advance Payment Guarantee No.: …………………………..

We have been informed that [name of the contractor] (hereinafter called "the Contractor") has
entered into Contract No. [reference number of the contract] dated [date] with you, for the
execution of [name of contract and brief description of works] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the Conditions of the Contract, an advance

payment in the sum [name of the currency and amount in words]16 [amount in figures] is to be
made against an advance payment guarantee.

At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [name of the currency and amount in
words]17 [amount in figures] upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Contractor is in breach of its obligation under the
Contract because the Contractor:

(a) used the advance payment for purposes other than the costs of mobilization and cash
flow support in respect of the Works; or
(b) has failed to repay the advance payment when it has become due and payable in
accordance with the conditions of the Contract, specifying the amount payable by the
Contractor.

It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
[Contractor’s account number] at [name and address of the bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety percent
(90%) of the Contract Price has been certified for payment, or on the [date] day of [month],
[year],18 whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date.
15 All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
16 The guarantor shall insert an amount representing the amount of the advance payment denominated either in the
currency(ies) of the advance payment as specified in the Contract, or in any freely convertible currency acceptable to the
Employer.
17 Footnote 1.
18 Insert the expected expiration date of the time for completion. The Employer should note that in the event of an extension
of the time for completion of the contract, the Employer would need to request an extension of this guarantee from the
guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In
preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [6 months] [1 year],
Section 9: Contract Forms 9-17

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded.19

....................................
[Signature(s) and seal of bank (where appropriate)]

NOTE TO THE BIDDER

If the bank issuing advance payment guarantee is located outside the Employer’s country, it shall be
counter-guaranteed or encashable by a bank in the Employer’s country.

in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee."
19 Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that sub-
paragraph (ii) of Sub-article 20(a) is hereby excluded” as appropriate.
Section 9: Contract Forms 9-18

Retention Money Security

[Bank’s name, and address of issuing branch or office]20

Beneficiary: ………. [Name and address of the Employer] ……….

Date: ……………………………………………………………..

Retention Money Guarantee No.: …………………………………

We have been informed that [name of the contractor] (hereinafter called "the Contractor") has
entered into Contract No. [reference number of the contract] dated [date] with you, for the
execution of [name of contract and brief description of works] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, payment of [insert the amount of the second
half of the Retention Money or, if the amount guaranteed under the Performance Guarantee
when the Taking-Over Certificate is issued is less than half of the Retention Money, the
difference between half of the Retention Money and the amount guaranteed under the
Performance Security] is to be made against a Retention Money guarantee.

At the request of the Contractor, we [name of the bank] as Guarantor hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of [name of the
currency and amount in words]21 [amount in figures] such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation(s) under the Contract, without your needing to prove or to show grounds
for your demand or the sum specified therein.

It is a condition for any claim and payment under this Guarantee to be made that the second
half of the Retention Money referred above must have been received by the Contractor on its
account number [Contractor’s account number] at [name and address of the bank].

This Guarantee shall expire, no later than the [date] day of [month], [year], 22 and any demand
for payment under it must be received by us at this office on or before that date.

20 All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
21 The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if the amount
guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than half of the Retention
Money, the difference between half of the Retention Money and the amount guaranteed under the Performance Security
and denominated either in the currency(ies) of the second half of the Retention Money as specified in the Contract, or in
a freely convertible currency acceptable to the Beneficiary.
22 Insert the date 28 days after the expected latest of the expiry dates of Defect Notification Periods. The Employer should
note that in the event of an extension of the Time for Completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration
date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to
the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [6 months] [1 year], in response to the Employer’s written request for such extension, such request
to be presented to the Guarantor before the expiry of the guarantee.”
Section 9: Contract Forms 9-19

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded.23

………………………………………………………………

[Signature(s) and seal of bank (where appropriate)]

NOTE TO THE BIDDER

If the bank issuing retention money security is located outside the Employer’s country, it shall be
counter-guaranteed or encashable by a bank in the Employer’s country.

23 Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that sub-
paragraph (ii) of Sub-article 20(a) is hereby excluded” as appropriate.