WORKS

STANDARD BIDDING DOCUMENTS

UNDER JAPANESE ODA LOANS

PROCUREMENT OF WORKS

Japan International Cooperation Agency

(JICA)

October 2012

version 1.1
 i

Preface
These Standard Bidding Documents for Procurement of Works (SBD (Works)) have been
prepared by Japan International Cooperation Agency (JICA).

These SBD (Works) are consistent with the Guidelines for Procurement under Japanese ODA
Loans, April 2012 and their use is required for civil works contracts to be financed, in whole
or in part, by JICA under the aforesaid Guidelines. The use of these SBD (Works) is also
encouraged for contracts under the Guidelines for Procurement published in October 1999 or
March 2009, as these SBD (Works) reflect recent best practices of public procurement and
JICA’s policy.

These SBD (Works) are to be used for the procurement of admeasurement (unit price or rate)
type of works through International Competitive Bidding (ICB). These SBD (Works) are not
suitable for lump sum contracts without substantial changes to the method of payment and
price adjustment, and to the Bill of Quantities, Schedules of Activities, and so forth.

The structure and the provisions of these SBD (Works) are harmonized with the Standard
Bidding Documents for Procurement of Works of the Multilateral Development Banks,
except where specific considerations within JICA have required a change.
If the user has questions regarding the use of these SBD (Works), the appropriate JICA’s
official should be consulted.
ii

Summary Description
These Standard Bidding Documents for Procurement of Works (SBD (Works)) include both
One-Envelope (Option A) and Two-Envelope (Option B) bidding procedures to be chosen by
the Employer as appropriate to each circumstance. These SBD (Works) apply either when a
prequalification process has taken place before bidding or when a prequalification process
has not taken place before bidding (provided alternative documents should be selected as
applicable). A brief description of these documents is given below.

SBD for Procurement of Works

Invitation for Bids (IFB)
A form of “Invitation for Bids” is provided at the beginning of these SBD
(Works) for reference.

PART 1 – BIDDING PROCEDURES

Option A – One-Envelope Bidding (alternative Section I and II to be used for One-

Envelope bidding procedure)

Section I: Instructions to Bidders (ITB)

This Section provides relevant information to help Bidders prepare their Bids.
Information is also provided on the submission, opening, and evaluation of
Bids and on the award of Contracts. Section I contains provisions that are
to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that
supplement the information or requirements included in Section I, Instructions
to Bidders.
Option B – Two-Envelope Bidding (alternative Section I and II to be used for Two-
Envelope bidding procedure)

Section I: Instructions to Bidders (ITB)

This Section provides relevant information to help Bidders prepare their
technical and price Bids. Information is also provided on the submission,
opening, and evaluation of Bids and on the award of Contracts. Section I
contains provisions that are to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that
supplement the information or requirements included in Section I, Instructions
to Bidders.
 iii

Section III. Evaluation and Qualification Criteria

This Section specifies the criteria to determine the lowest evaluated Bid and
the qualifications of the Bidder to perform the contract. Two alternative
Sections III, Evaluation and Qualification Criteria are provided to address the
possibility of having or not having prequalification of Bidders.
Section IV: Bidding Forms
This Section includes the forms which are to be completed by the Bidder and
submitted as part of his Bid.

Section V. Eligible Source Countries of Japanese ODA Loans

This Section contains information regarding eligible source countries under
Japanese ODA Loans.

PART 2 – WORKS REQUIREMENTS

Section VI. Works Requirements
This Section contains the Specification, the Drawings, and supplementary
information that describe the Works to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII. General Conditions (GC)
This Section contains the general clauses to be applied in all contracts. The
text of the clauses in this Section shall not be modified.
Section VIII. Particular Conditions (PC)
This Section consists of Part A, Contract Data, which contains data, and Part
B, Specific Provisions, which contains clauses specific to each contract. The
contents of this Section supplement the General Conditions and shall be
prepared by the Employer.
Section IX: Annex to the Particular Conditions - Contract Forms
This Section contains forms which, once completed, will form part of the
Contract. The forms for Performance Security and Advance Payment
Security, when required, shall only be completed by the successful Bidder
after contract award.
iv

Notes for Users

The use of these Standard Bidding Documents for Procurement of Works (SBD (Works))
published by JICA is required for all civil works contracts to be financed by Japanese ODA
Loans.
These SBD (Works) have been prepared as standard documents, which shall be used without
suppressing or adding text to the standard sections of the document to be used without
modification, which are Section I Instructions to Bidders (Standard ITB) and Section VII
General Conditions of Contract (Standard GC). If the ITB and/or GC of the Bidding
Documents prepared by the Employer contain modifications from the Standard ITB
and/or Standard GC included in these SBD (Works), JICA will not consider them valid
and the Standard ITB and/or Standard GC, as defined above, shall apply.
The process of prequalification shall follow the procedure specified in the Standard
Prequalification Documents under Japanese ODA Loans, published by JICA.
Prequalification is in principle required in advance of bidding for large or complex works.
An alternative Section III, Evaluation and Qualification Criteria, is also provided to address
the possibility of carrying out the assessment of the qualification criteria at the bidding stage.
All information and data particular to each individual contract and required by the Bidders in
order to prepare responsive Bids must be provided by the Employer, prior to issuing the
Bidding Documents, in the Bid Data Sheet (Section II), the Evaluation and Qualification
Criteria (Section III), the Eligible Source Countries of Japanese ODA Loans (Section V), the
Works Requirements (Section VI), the Particular Conditions (Section VIII), and the Annex
to the Particular Conditions – Contract Forms (Section IX). Unless specifically agreed with
JICA, the Particular Conditions shall not materially alter the provisions of the General
Conditions of Contract.
The following directions should be observed when using these SBD (Works):
(i) Specific details, such as the name of the Employer, address for Bid submission, etc.,
should be furnished in the spaces indicated by italicized notes inside brackets.
(ii) The footnotes, “boxed” notes and italicized notes in these SBD (Works), except
those applying to forms to be filled out by Bidders or instructions for the Bidders,
are not part of the Bidding Documents, but contain guidelines and instructions for
the Employer. Do not incorporate them in the actual Bidding Documents.
(iii) Where alternative Clauses or texts are shown, select those which best suit the
particular works and discard the alternative text which is not used.
The time allowed for preparing and submitting Bids should not be too short and should be
adequate enough for Bidders to properly study the Bidding Documents, visit the site and
prepare complete and responsive Bids.
A form of Invitation for Bids, which is not part of the Bidding Documents, is given below for
reference.
 BIDDING DOCUMENTS

for

Procurement of
[insert identification of the Works]
_______________________________
_______________________________

Employer: [insert name of Employer]

Country: [insert name of Country]
Project: [insert name of Project]
Loan No.: [insert number of Loan Agreement]
 Table of Contents

Invitation for Bids: Following Prequalification ................................................................. IFB-1

Invitation for Bids: Without Prequalification .................................................................... IFB-1

PART 1 – Bidding Procedures

OPTION A: One-Envelope Bidding
Section I. Instructions to Bidders ......................................................................... ITB-1
Section II. Bid Data Sheet ................................................................................... BDS-1
OPTION B: Two-Envelope Bidding
Section I. Instructions to Bidders ......................................................................... ITB-1
Section II. Bid Data Sheet ................................................................................... BDS-1

Section III. Evaluation and Qualification Criteria (Following Prequalification) . EQC-1

Section III. Evaluation and Qualification Criteria (Without Prequalification) ..... EQC-1
Section IV. Bidding Forms ...................................................................................... BF-1
Section V. Eligible Source Countries of Japanese ODA Loans ........................... ESC-1

PART 2 –Works Requirements

Section VI. Works Requirements ............................................................................ WR-1

PART 3 – Conditions of Contract and Contract Forms

Section VII. General Conditions (GC) ......................................................................GC-1
Section VIII. Particular Conditions (PC) .................................................................... PC-1
Section IX. Annex to the Particular Conditions - Contract Forms .......................... CF-1
 Invitation for Bids: Following Prequalification

Notes on Invitation for Bids

The Invitation for Bids for contracts, subject to prequalification, is sent only to firms
determined by the Employer to be qualified in accordance with the Employer’s
prequalification procedure. This prequalification procedure must be reviewed and
commented on by JICA if the potential contract is to be eligible for JICA financing (see the
relevant Section of the Guidelines for Procurement under Japanese ODA Loans).

Ideally, the Invitation for Bids is sent to the qualified Bidders at the time that the
prequalification results are announced.

For large or complex works, prequalification is in principle required. If prequalification is

not used, the appropriate Invitation for Bids form shall be used.

The Invitation for Bids should be consistent with the information contained in Section II -
Bid Data Sheet.
 IFB-1

Form of Invitation for Bids

Date: [insert date of issuance of IFB]

Loan Agreement No: [insert Loan Agreement number]
IFB No: [insert number of IFB]

1. The [insert name of Borrower] has received1 a loan from Japan International
Cooperation Agency (JICA) towards the cost of [insert name of Project]. It is intended that
part of the proceeds of this loan will be applied to eligible payments under the contract2 for
[insert title of contract].

2. The [insert name of the Employer] now invites sealed Bids from prequalified eligible
Bidders for the construction and completion of [insert name of the works] (“the Works”).

3. Bidding will be conducted through procedures in accordance with the applicable

Guidelines for Procurement under Japanese ODA Loans, and is open to all Bidders from
eligible source countries, as defined in the Loan Agreement.

4. Prequalified eligible Bidders may obtain further information from and inspect the
Bidding Documents at the office of [insert name of appropriate purchasing unit] 3 [insert
mailing address of appropriate office for inquiry and issuance of Bidding Documents and
cable, telex, and/or facsimile numbers].

5. A complete set of Bidding Documents may be purchased by interested prequalified

Bidders on the submission of a written application to the address above and upon payment of a
non-refundable fee of [insert amount in Borrower’s currency or in a convertible currency].4

6. Bids must be delivered to the address above5 on or before [insert time] on [insert date] 6
and must be accompanied by a security of [insert fixed sum].

7. Bids will be opened in the presence of Bidders’ representatives who choose to attend at
[insert time and date] at the offices of [insert address of appropriate office].

[Insert name of office]

[Insert name of person in charge officer]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate country and city code]
[Insert facsimile or cable number]
[Insert E-mail address]

Notes
1. Substitute “has applied for,” if appropriate.
2. Substitute “contracts” where Bids are called concurrently for multiple contracts. Add a new para. 4 and
renumber paras 4 - 7 as follows: “Bidders may bid for one or several contracts, as further defined in the
IFB-2

Bidding Document. Bidders wishing to offer discounts in case they are awarded more than one contract
will be allowed to do so, provided those discounts are included in the Letter of Bid.”
3. The office for inquiry and issuance of Bidding Documents and that for Bid submission may or may not
be the same.
4. The fee, to defray printing and mailing/shipping costs, should be nominal.
5. Substitute the Employer’s address for Bid submission if different from its address for inquiry and
issuance of Bidding Documents.
6. The time allowed for preparation of the Bid submission should be sufficient for Bidders to gather all the
information required - preferably sixty (60) days, but in any case not less than forty-five (45) days after
the date when the documents are available for distribution or the date of the advertisement, whichever is
later. This period may be longer for very large projects, where time should be allowed for the formation
of joint ventures and assembly of the necessary resources, and/or scrutiny of the Bidding Documents.
 Invitation for Bids: Without Prequalification

Notes on Invitation for Bids

If Bids are invited openly from contractors without using a prequalification procedure, the
Invitation for Bids should be issued directly to the public (see the relevant Section of the
Guidelines for Procurement under Japanese ODA Loans):

(a) as an advertisement in at least one newspaper of general circulation in the Borrower’s

country; and

(b) with sending copies of the invitation to JICA.

The Invitation for Bids provides information that enables potential Bidders to decide whether to
participate. Apart from a summary description of the works, the Invitation for Bids should also
indicate any important Bid evaluation criteria (for example, technical alternatives) or
qualification requirement (for example, a requirement for a minimum level of experience in
similar works for which the Invitation for Bids is issued).

The Invitation for Bids should be consistent with the information contained in Section II -
Bid Data Sheet.
 IFB-1

Form of Invitation for Bids

Date: [date of issuance of IFB]

Loan Agreement No: [insert Loan Agreement number]
IFB No: [insert number of Invitation for Bids]

1. The [insert name of Borrower] has received1 a loan from Japan International
Cooperation Agency (JICA) towards the cost of [insert name of Project]. It is intended that
part of the proceeds of this loan will be applied to eligible payments under the contract2 for
[insert title of contract].

2. The [insert name of the Employer] now invites sealed Bids from eligible Bidders for the
construction and completion of [insert brief description of the works] 3 (“the Works”).

3. Bidding will be conducted through procedures in accordance with the applicable

Guidelines for Procurement under Japanese ODA Loans, and is open to all Bidders from
eligible source countries, as defined in the Loan Agreement.

4. Interested eligible Bidders may obtain further information from and inspect the Bidding
Documents at the office of [insert name of appropriate purchasing unit] 4 [insert mailing
address of appropriate office for inquiry and issuance of Bidding Documents and cable, telex,
and/or facsimile numbers].

5. A complete set of Bidding Documents may be purchased by interested Bidders on the

submission of a written application to the address above and upon payment of a non-refundable
fee of [insert amount in Borrower’s currency or in a convertible currency].5

6. The provisions in the Instructions to Bidders and in the General Conditions of Contract
are the provisions of the Standard Bidding Documents under Japanese ODA Loans for the
Procurement of Works.

7. Bids must be delivered to the address above6 on or before [insert time] on [insert date] 7
and must be accompanied by a security of [insert fixed sum].

8. Bids will be opened in the presence of Bidders’ representatives who choose to attend at
[insert time and date] at the offices of [insert address of appropriate office].

[Insert name of office]

[Insert name of person in charge officer]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate country and city code]
[Insert facsimile or cable number]
[Insert E-mail address]
IFB-2

Notes
1. Substitute “has applied for,” if appropriate.
2. Substitute “contracts” where Bids are called concurrently for multiple contracts. Add a new para. 4 and
renumber paras 4 - 8 as follows: “Bidders may bid for one or several contracts, as further defined in the
Bidding Documents. Bidders wishing to offer discounts in case they are awarded more than one
contract will be allowed to do so, provided those discounts are included in the Letter of Bid.”
3. A brief description of the Works or Goods should be provided, including quantities, location of project, and
other information necessary to enable potential Bidders to decide whether or not to respond to the invitation.
Bidding Documents may require Bidders to have specialized experience or capabilities; such requirements
should also be included in this paragraph.
4. The office for inquiry and issuance of Bidding Documents and that for Bid submission may or may not
be the same.
5. The fee, to defray printing and mailing/shipping costs, should be nominal.
6. Substitute the Employer’s address for Bid submission if different from its address for inquiry and
issuance of Bidding Documents.
7. The time allowed for preparation of the Bid submission should be sufficient for Bidders to gather all the
information required - preferably sixty (60) days, but in any case not less than forty-five (45) days after
the date when the documents are available for distribution or the date of the advertisement, whichever is
later. This period may be longer for very large projects, where time should be allowed for the formation
of joint ventures and assembly of the necessary resources, and/or scrutiny of the Bidding Documents.
PART 1 – BIDDING PROCEDURES
OPTION A: One-Envelope Bidding
Option A: Section I. Instructions to Bidders

Section I. Instructions to Bidders

Notes on Instructions to Bidders

Section I, Instructions to Bidders, provides the information necessary for Bidders to prepare
responsive Bids in accordance with the requirements of the Employer. It also gives
information on Bid submission, opening, and evaluation, and on the award of the Contract.

The use of the Standard Instructions to Bidders set forth in Section I of these Standard
Bidding Documents for the Procurement of Works (version 1.1) published by JICA in
October, 2012 (hereafter referred to as “Standard ITB”), in all Bidding Documents for
construction works financed by Japanese ODA Loans is required, and they shall be used
without modification. Any necessary changes, acceptable to JICA, to address specific
country and project issues, shall be introduced only through the Bid Data Sheet.

The Instructions to Bidders will not be part of the Contract.

Option A: Section I. Instructions to Bidders

Section I. Instructions to Bidders

[Note to the Employer: The Instructions to Bidders governing this bidding process are the
Standard Instructions to Bidders included in Option A: One-Envelope Bidding, of the
Standard Bidding Documents for Procurement of Works (SBD (Works)) (version 1.1)
published by JICA in October 2012.

A copy of the Standard Instructions to Bidders may be attached to the Bidding Documents
prepared by the Employer for reference purposes only. If the Instructions to Bidders in the
Bidding Documents prepared by the Employer contain modifications from the Standard
Instructions to Bidders, JICA will not consider them valid and the Standard Instructions to
Bidders, as defined above, shall apply.

Instead of attaching a copy of the Standard Instructions to Bidders, the Employer may use
the following introductory text.]

The Instructions to Bidders governing this bidding process are the “Instructions to Bidders”
included in Option A: One-Envelope Bidding, Section I, of the Standard Bidding Documents
for Procurement of Works (version 1.1), published by JICA in October, 2012. Those
Instructions to Bidders are available on the JICA’s web site shown below:

http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/index.html

A copy of these Instructions to Bidders is not attached to these Bidding Documents.

Option A: Section I. Instructions to Bidders ITB-1

Table of Clauses
A. General ................................................................................................................................3
1. Scope of Bid ..............................................................................................................3
2. Source of Funds.........................................................................................................3
3. Corrupt and Fraudulent Practices ..............................................................................3
4. Eligible Bidders .........................................................................................................5
5. Eligible Materials, Equipment, and Services ...........................................................6

B. Contents of Bidding Documents .......................................................................................7

6. Sections of Bidding Documents ...............................................................................7
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting ...........................8
8. Amendment of Bidding Documents..........................................................................9

C. Preparation of Bids ............................................................................................................9

9. Cost of Bidding .........................................................................................................9
10. Language of Bid ........................................................................................................9
11. Documents Comprising the Bid ................................................................................9
12. Letter of Bid and Schedules ....................................................................................10
13. Alternative Bids ......................................................................................................10
14. Bid Prices and Discounts ........................................................................................11
15. Currencies of Bid and Payment ...............................................................................12
16. Documents Comprising the Technical Proposal .....................................................13
17. Documents Establishing the Qualifications of the Bidder ......................................13
18. Period of Validity of Bids .......................................................................................14
19. Bid Security .............................................................................................................14
20. Format and Signing of Bid ......................................................................................15

D. Submission and Opening of Bids ....................................................................................16

21. Sealing and Marking of Bids ...................................................................................16
22. Deadline for Submission of Bids ............................................................................17
23. Late Bids .................................................................................................................17
24. Withdrawal, Substitution, and Modification of Bids ..............................................17
25. Bid Opening ............................................................................................................17

E. Evaluation and Comparison of Bids ...............................................................................19

26. Confidentiality.........................................................................................................19
27. Clarification of Bids ................................................................................................19
28. Deviations, Reservations, and Omissions ...............................................................19
29. Preliminary Examination of Bids ............................................................................20
30. Qualification of the Bidder......................................................................................20
31. Determination of Responsiveness ...........................................................................20
32. Nonmaterial Nonconformities .................................................................................21
33. Correction of Arithmetical Errors ...........................................................................22
34. Conversion to Single Currency ...............................................................................22
ITB-2 Option A: Section I. Instructions to Bidders

35. Subcontractors ........................................................................................................ 22

36. Evaluation of Bids .................................................................................................. 23
37. Comparison of Bids ................................................................................................ 24
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .................. 24

F. Award of Contract ........................................................................................................... 24

39. Award Criteria ........................................................................................................ 24
40. Notification of Award ............................................................................................ 24
41. Signing of Contract ................................................................................................ 25
42. Performance Security ............................................................................................. 25
Option A: Section I. Instructions to Bidders ITB-3

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids specified in
Section II, Bid Data Sheet (BDS), the Employer, as
specified in the BDS, issues these Bidding Documents
(hereinafter referred to as “Bidding Documents”) for the
procurement of Works as specified in Section VI, Works
Requirements. The name, identification, and number of the
lot(s) (contract(s)) comprising this International Competitive
Bidding (ICB) process are specified in the BDS.
1.2 Throughout these Bidding Documents:
(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 Borrower specified in the BDS has received or has
applied for a Japanese ODA Loan from Japan International
Cooperation Agency (hereinafter referred to as “JICA”),
with the number, in the amount and on the signed date of the
Loan Agreement specified in the BDS, towards the cost of
the project specified in the BDS. The Borrower intends to
apply a portion of the proceeds of the loan to payments
under the contract(s) for which these Bidding Documents are
issued.
2.2 Disbursement of a Japanese ODA Loan by JICA will be
subject, in all respects, to the terms and conditions of the
Loan Agreement, including the disbursement procedures and
the applicable Guidelines for Procurement under Japanese
ODA Loans specified in the BDS. No party other than the
Borrower shall derive any rights from the Loan Agreement
or have any claim to the loan proceeds.
2.3 The above Loan Agreement will cover only a part of the
project cost. As for the remaining portion, the Borrower will
take appropriate measures for finance.
3. Corrupt and 3.1 It is JICA’s policy to require that Bidders and Contractors,
Fraudulent as well as Borrowers, under contracts funded with Japanese
Practices ODA Loans and other Japanese ODA, observe the highest
standard of ethics during the procurement and execution of
ITB-4 Option A: Section I. Instructions to Bidders

such contracts. In pursuance of this policy, JICA:

(a) will reject a proposal for award if it determines that the
Bidder recommended for award has engaged in corrupt
or fraudulent practices in competing for the contract in
question;
(b) will recognize a Bidder or Contractor as ineligible, for a
period determined by JICA, to be awarded a contract
funded with Japanese ODA Loans if it at any time
determines that the Bidder or the Contractor has
engaged in corrupt or fraudulent practices in competing
for, or in executing, another contract funded with
Japanese ODA Loans or other Japanese ODA; and
(c) will recognize a Contractor as ineligible to be awarded a
contract funded with Japanese ODA Loans if the
Contractor or subcontractor, who has a direct contract
with the Contractor, is debarred under the cross
debarment decisions by the Multilateral Development
Banks. Such period of ineligibility shall not exceed three
(3) years from (and including) the date on which the
cross debarment is imposed.
“Cross debarment decisions by the Multilateral
Development Banks” is a corporate sanction in
accordance with the agreement among the African
Development Bank Group, Asian Development Bank,
European Bank for Reconstruction and Development,
Inter-American Development Bank Group and the
World Bank Group signed on 9 April, 2010 (as amended
from time to time). JICA will recognize the World Bank
Group’s debarment of which period exceeds one year,
imposed after 19 July, 2010, the date on which the
World Bank Group started cross debarment, as “cross
debarment decisions by the Multilateral Development
Banks.” The list of debarred firms and individuals is
available at the electronic address specified in the BDS.
JICA will recognize a Bidder or Contractor as ineligible
to be awarded a contract funded with Japanese ODA
Loans if the Bidder or Contractor is debarred by the
World Bank Group for the period starting from the date
of the Invitation for Bid, if prequalification has not been
conducted, or the date of the Advertisement for
Prequalification, if prequalification has been conducted,
up to the signing of the contract, unless (i) such
debarment period does not exceed one year, or (ii) three
Option A: Section I. Instructions to Bidders ITB-5

(3) years have passed since such debarment decision.

If it is revealed that the Contractor was ineligible to be
awarded a contract according to above, JICA will, in
principle, impose sanctions against the Contractor.
If it is revealed that the subcontractor, who has a direct
contract with the Contractor, was debarred by the World
Bank Group on the subcontract date, JICA will, in
principle, require the Borrower to have the Contractor
cancel the subcontract immediately, unless (i) such
debarment period does not exceed one year, or (ii) three
(3) years have passed since such debarment decision. If
the Contractor refuses, JICA will require the Borrower to
declare invalidity or cancellation of the contract and
demand the refund of the relevant proceeds of the loan
or any other remedies on the grounds of contractual
violation.
3.2 Furthermore, Bidders shall be aware of the provision stated
in Sub-Clause 15.6 of the General Conditions.
4. Eligible Bidders 4.1 A Bidder may be a firm that is a single entity or any
combination of such entities in the form of a joint venture
(JV) under an existing agreement or with the intent to enter
into such an agreement supported by a letter of intent. In
the case of a JV, all members shall be jointly and severally
liable for the execution of the Contract in accordance with
the Contract terms. The JV shall nominate a Representative
who shall have the authority to conduct all business for and
on behalf of any and all the members of the JV during the
bidding process and, in the event the JV is awarded the
Contract, during contract execution.
4.2 A Bidder shall not have a conflict of interest. A Bidder shall
not be employed under any of the circumstances set forth
below, where it is determined to have a conflict of interest
throughout the bidding/selection process and/or the
execution of the contract unless the conflict has been
resolved in a manner acceptable to JICA.
(a) A firm shall be disqualified from providing goods or
non-consulting services resulting from or directly related
to consulting services for the preparation or
implementation of a project 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. This provision does not apply to the
ITB-6 Option A: Section I. Instructions to Bidders

various firms (consultants, contractors, or suppliers) only

due to the reason that those firms together are
performing the Contractor’s obligations under a turnkey
or design and build contract.

(b) A firm that has a close business relationship with the

Borrower’s professional personnel, who are directly or
indirectly involved in any part of: (i) the preparation of
the Bidding Documents for the contract, (ii) the Bid
evaluation, or (iii) the supervision of such contract, shall
be disqualified.

(c) Based on the “One Bid Per Bidder” principle, which is to

ensure fair competition, a firm and any affiliate that
directly or indirectly controls, is controlled by, or is
under common control with that firm shall not be
allowed to submit more than one Bid, either individually
as a Bidder or as a member of a JV. A firm (including its
affiliate), if acting in the capacity of a subcontractor in
one Bid, may participate in other Bids, only in that
capacity.

(d) A firm having any other form of conflict of interest other

than (a) through (c) above shall be disqualified.
4.3 A Bidder, and all members constituting the Bidder, shall be
from any of the eligible source countries as indicated in
Section V, Eligible Source Countries of Japanese ODA
Loans.
4.4 A Bidder that has been determined to be ineligible by JICA
in accordance with ITB 3.1 shall not be eligible to be
awarded a contract.
4.5 This bidding is open only to prequalified Bidders unless
specified in the BDS.
4.6 A Bidder shall provide such evidence of eligibility
satisfactory to the Employer, as the Employer shall
reasonably request.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under
Equipment, and the Contract and financed by JICA shall have their origin in
Services any of the eligible source countries indicated in Section V,
Eligible Source Countries of Japanese ODA Loans. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
Option A: Section I. Instructions to Bidders ITB-7

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 Documents

6. Sections of Bidding 6.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Documents include all the Sections specified below, and which should be
read in conjunction with any addenda issued in accordance
with ITB 8.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
 Section V. Eligible Source Countries of Japanese
ODA Loans
PART 2 Works Requirements
 Section VI. Works Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VII. General Conditions (GC)
 Section VIII. Particular Conditions (PC)
 Section IX. Annex to the Particular Conditions -
Contract Forms
6.2 The Invitation for Bids issued by the Employer is not part of
the Bidding Documents.

6.3 Unless obtained directly from the Employer, the Employer is

not responsible for the completeness of the Bidding
Documents, responses to requests for clarification, the
minutes of the pre-bid meeting (if any), or addenda to the
Bidding Documents in accordance with ITB 8. In case of
any contradiction, documents obtained directly from the
Employer shall prevail.
ITB-8 Option A: Section I. Instructions to Bidders

6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Documents and to
furnish with its Bid all information and documentation as is
required by the Bidding Documents.

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

Bidding Documents shall contact the Employer in writing at the
Documents, Site Employer’s address specified in the BDS or raise its
Visit, Pre-Bid enquiries during the pre-bid meeting if provided for in
Meeting accordance with ITB 7.4. The Employer will respond in
writing to any request for clarification, provided that such
request is received no later than fourteen (14) days prior to
the deadline for submission of Bids. The Employer shall
forward copies of its response to all Bidders who have
acquired the Bidding Documents in accordance with ITB
6.3, including a description of the inquiry but without
identifying its source. If so specified in the BDS, the
Employer shall also promptly publish its response at the web
page identified in the BDS. Should the clarification result in
changes to the essential elements of the Bidding Documents,
the Employer shall amend the Bidding Documents 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 upon its
premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel,
and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect
thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the inspection.
7.4 If so specified in the BDS, the Bidder’s designated
representative is invited to attend a pre-bid meeting. 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 one (1) week before the
Option A: Section I. Instructions to Bidders ITB-9

meeting.
7.6 Minutes of the pre-bid meeting, if applicable, including the
text of the questions asked by Bidders, 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
Documents in accordance with ITB 6.3. Any modification
to the Bidding Documents that may become necessary as a
result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an addendum pursuant to
ITB 8 and not through the minutes of the pre-bid meeting.
Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Documents Employer may amend the Bidding Documents by issuing
addenda.
8.2 Any addendum issued shall be part of the Bidding
Documents and shall be communicated in writing to all who
have obtained the Bidding Documents from the Employer in
accordance with ITB 6.3. If so specified in the BDS, the
Employer shall also promptly publish the addendum on the
Employer’s web page in accordance with ITB 7.1.
8.3 To give Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the
Employer may 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 not 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 of Bid, in which case, for purposes
of interpretation of the Bid, such translation shall govern.
11. Documents 11.1 The Bid shall comprise the following:
ITB-10 Option A: Section I. Instructions to Bidders

Comprising the Bid (a) Letter of Bid

(b) completed schedules as required, including priced Bill
of Quantities, in accordance with ITB 12 and 14;
(c) Bid Security, in accordance with ITB 19;
(d) Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans (Form ACK),
which shall be signed and dated by the Bidder’s
authorized representative;
(e) alternative Bids, if permissible, in accordance with ITB
13;
(f) written confirmation authorizing the signatory of the Bid
to commit the Bidder, in accordance with ITB 20.2;
(g) documentary evidence in accordance with ITB 17
establishing the Bidder’s qualifications to perform the
contract if its Bid is accepted;
(h) Technical Proposal in accordance with ITB 16; and
(i) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, Bids
submitted by a JV shall include a copy of the Joint Venture
Agreement entered into by all members. Alternatively, a
letter of intent to execute a Joint Venture Agreement in the
event of a successful Bid shall be signed by all members and
submitted with the Bid, together with a copy of the proposed
Agreement.
12. Letter of Bid and 12.1 The Letter of Bid and Schedules, including the Bill of
Schedules Quantities, shall be prepared using the relevant forms
furnished in Section IV, Bidding Forms. The forms must be
completed without any alterations to the text, and no
substitutes shall be accepted except as provided under ITB
20.2. All blank spaces shall be filled in with the information
requested.

13. Alternative Bids 13.1 Unless otherwise specified 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 Documents must first price the Employer’s design
Option A: Section I. Instructions to Bidders ITB-11

as described in the Bidding Documents 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 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, and such parts will be identified in the BDS, as
will the method for their evaluating, and described in
Section VI, Works Requirements.

14. Bid Prices and 14.1 The prices and discounts (including any price reduction)
Discounts quoted by the Bidder in the Letter of 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 shall be
deemed covered by the rates for other items in the Bill of
Quantities and will not be paid for separately by the
Employer. An item not listed in the priced Bill of Quantities
shall be assumed to be not included in the Bid, and provided
that the Bid is determined substantially responsive
notwithstanding this omission, the average price of the item
quoted by substantially responsive Bidders will be added to
the Bid Price and the equivalent total cost of the Bid so
determined will be used for price comparison.

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

with ITB 12.1, shall be the total price of the Bid, excluding
any discounts offered.

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

14.5 Unless otherwise specified in the BDS and the Contract,

the rates and prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of
Contract. In such a case, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the
ITB-12 Option A: Section I. Instructions to Bidders

Schedule of Adjustment Data and the Employer may require

the Bidder to justify its proposed indices and weightings.

14.6 If so specified in BDS 1.1, Bids are being invited for

individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer discounts 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. Discounts shall be
submitted in accordance with ITB 14.4, provided the Bids
for all lots (contracts) are opened at the same time.

14.7 Unless otherwise provided in the BDS, all duties, taxes,

and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date twenty-eight
(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 Bid 15.1 The currency(ies) of the Bid shall be as specified in the
and Payment BDS. Payment of the contract price shall be made in the
currency or currencies in which the Bid Price is expressed in
the Bid of the successful Bidder.
15.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the Schedule of
Adjustment Data are reasonable, in which case a detailed
breakdown of the foreign currency requirements shall be
provided by Bidders.
15.3 The foreign currency requirements generally include the
following:
(a) expatriate staff and labour employed directly on the
Works;
(b) social, insurance, medical and other charges relating to
such expatriate staff and labour, and foreign travel -
expenses;
(c) imported materials, both temporary and permanent,
including fuels, oil and lubricants required for the
Works;
(d) depreciation and usage of imported Plant and
Contractor’s Equipment, including spare parts, required
Option A: Section I. Instructions to Bidders ITB-13

for the Works;

(e) foreign insurance and freight charges for imported
materials, Plant and Contractor’s Equipment, including
spare parts; and
(f) overhead expenses, fees, profit, and financial charges
arising outside the Employer’s country in connection
with the Works.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule,
Technical Proposal safety plan and any other information as stipulated in
Section IV, Bidding Forms, in sufficient detail to
demonstrate the adequacy of the Bidder’s proposal to meet
the work requirements and the completion time.
17. Documents 17.1 In accordance with Section III, Evaluation and Qualification
Establishing the Criteria, if the prequalification process was conducted prior
Qualifications of to the bidding process, the Bidder shall provide in the
the Bidder corresponding information sheets included in Section IV,
Bidding Forms, (i) updated information on any assessed
aspect that changed from that time to establish that the
Bidder continues to meet the criteria used at the time of
prequalification and (ii) the requested information on the
additional qualification criteria stated in Section III,
Evaluation and Qualification Criteria, or if the assessment of
qualification criteria was not conducted prior to the bidding
process, the Bidder shall provide the information requested
in the corresponding information sheets included in Section
IV, Bidding Forms.

17.2 Any change in the structure or formation of a Bidder after

being prequalified and invited to bid (including, in the case of
a JV, any change in the structure or formation of any member
thereto) 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) such change has not taken place
by the free choice of the firms involved; (ii) as a consequence
of the change, the Bidder no longer substantially meets the
qualification criteria set forth in the Prequalification
Documents; 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 Invitation for
Bids.
ITB-14 Option A: Section I. Instructions to Bidders

18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS
of Bids after the Bid submission deadline date prescribed by the
Employer in accordance with ITB 22.1. A Bid valid for a
shorter period shall be rejected by the Employer as non-
responsive.
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. The Bid Security
shall also be extended for twenty-eight (28) days beyond the
deadline of the extended validity period. A Bidder may
refuse the request without forfeiting its Bid Security. A
Bidder granting the request shall not be required or
permitted to modify its Bid, except as provided in ITB 18.3.
18.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial Bid validity, the
Contract price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the Bid Price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, to determine the
Contract price, the fixed portion of the Bid Price shall be
adjusted by the factor specified in the BDS.
(c) In any case, Bid evaluation shall be based on the Bid
Price without taking into consideration the applicable
correction from those indicated above.

19. Bid Security 19.1 The Bidder shall furnish as part of its Bid, a Bid Security in
the amount and currency specified in the BDS.
19.2 The Bid Security shall be a demand guarantee in any of the
following forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or financial
institution (such as an insurance, bonding or surety
company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source from an eligible source country. If
the unconditional guarantee is issued by a financial
Option A: Section I. Instructions to Bidders ITB-15

institution located outside the Employer’s Country, the

issuing financial institution shall have a correspondent
financial institution located in the Employer’s Country to
make it enforceable. In the case of a bank guarantee, the Bid
Security shall be submitted either using the Bid Security
Form included in Section IV, Bidding Forms, or in another
substantially similar format approved by the Employer prior
to Bid submission. In either case, the form must include the
complete name of the Bidder. The Bid Security shall be
valid for twenty-eight (28) days beyond the original validity
period of the Bid, or beyond any period of extension if
requested under ITB 18.2.
19.3 Any Bid not accompanied by a substantially responsive Bid
security shall be rejected by the Employer as non-
responsive.
19.4 The Bid Security of unsuccessful Bidders shall be returned
as promptly as possible upon the successful Bidder’s signing
the Contract and furnishing the Performance Security
pursuant to ITB 42.
19.5 The Bid Security of the successful Bidder shall be returned
as promptly as possible once the successful Bidder has
signed the Contract and furnished the required Performance
Security.
19.6 The Bid Security may be forfeited:
(a) if a Bidder withdraws its Bid during the period of Bid
validity specified by the Bidder on the Letter of Bid, or
any extension thereto provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a Performance Security in accordance
with ITB 42.
19.7 The Bid Security of a JV shall be in the name of the JV that
submits the Bid. If the JV has not been legally constituted
into a legally enforceable JV at the time of bidding, the Bid
Security shall be in the names of all future members as
named in the letter of intent referred to in ITB 4.1 and ITB
11.2.
20. Format and 20.1 The Bidder shall prepare one original of the documents
Signing of Bid comprising the Bid as described in ITB 11 and clearly mark
it “ORIGINAL.” Alternative Bids, if permitted in accordance
ITB-16 Option A: Section I. Instructions to Bidders

with ITB 13, shall be clearly marked “ALTERNATIVE.” In

addition, the Bidder shall submit copies of the Bid, in the
number specified in the BDS and clearly mark 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. All pages of the Bid where entries or
amendments have been made shall be signed or initialed by the
person signing the Bid.
20.3 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and
so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized
representatives.
20.4 Any inter-lineation, 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 The Bidder shall enclose the original and all copies of the
Marking of Bids Bid, including alternative Bids, if permitted in accordance
with ITB 13, in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.”
These envelopes containing the original and the copies shall
then be enclosed in one single envelope.
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 ITB
22.1;
(c) bear the specific identification of this bidding process
specified in BDS 1.1; and
(d) bear a warning not to open before the time and date for
Bid opening.
21.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the
Option A: Section I. Instructions to Bidders ITB-17

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 Bids later than the date and time specified in the BDS.

22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the Bidding Documents
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.
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 after it
Substitution, and has been submitted by sending a written notice, duly signed by
Modification of an authorized representative, and shall include a copy of the
Bids authorization in accordance with ITB 20.2, (except that
withdrawal notices 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 that withdrawals notices do not require
copies), and in addition, the respective envelopes shall
be clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b) received by the Employer prior to 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 Letter of Bid or any extension thereof.

25. Bid Opening 25.1 Except in the cases specified in ITB 23 and ITB 24, the
Employer shall publicly open and read out in accordance
with ITB 25.3 all Bids received by the deadline, at the date,
time and place specified in the BDS, in the presence of
ITB-18 Option A: Section I. Instructions to Bidders

Bidders’ designated representatives and anyone who choose

to attend.
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. Next,
envelopes marked “SUBSTITUTION” shall be opened and read
out and exchanged with the corresponding Bid being
substituted, and the substituted Bid shall not be opened, but
returned to the Bidder. No Bid substitution shall be
permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and
is read out at Bid opening. Envelopes marked
“MODIFICATION” shall be opened and read out with the
corresponding Bid. No Bid modification shall be permitted
unless the corresponding modification notice contains a
valid authorization to request the modification and is read
out at Bid opening. Only Bids that are opened and read out
at Bid opening shall be considered further.
25.3 All other envelopes shall be opened one at a time, reading
out:
(a) the name of the Bidder;
(b) whether there is a modification;
(c) the total Bid Price, per lot (contract) if applicable,
including any discounts and alternative Bids;
(d) the presence or absence of a Bid Security; and
(e) any other details as the Employer may consider
appropriate.
Only discounts and alternative Bids read out at Bid opening
shall be considered for evaluation. The Employer shall
neither discuss the merits of any Bid nor reject any Bid
(except for late Bids, in accordance with ITB 23.1).
25.4 The Employer shall prepare a record of the Bid opening that
shall include, as a minimum: the name of the Bidder and
whether there is a withdrawal, substitution, or modification;
the Bid Price, per lot (contract) if applicable, including any
discounts and alternative Bids; and the presence or absence
of a Bid Security. The Bidders’ representatives who are
Option A: Section I. Instructions to Bidders ITB-19

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.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the evaluation of Bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with
the bidding process until information on Contract award is
communicated to all Bidders in accordance with ITB 40.
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.
26.3 Notwithstanding ITB 26.2, from the time of Bid opening to
the time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the bidding process, it
shall do so in writing.

27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of

Bids the Bids, and qualification of the Bidders, the Employer
may, at its discretion, ask any Bidder for a clarification of its
Bid, giving a reasonable time for a response. 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, including any voluntary increase
or decrease, in the prices or substance of the Bid shall be
sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer
in the evaluation of the Bids, in accordance with ITB 33.
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
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Documents; and
ITB-20 Option A: Section I. Instructions to Bidders

(c) “Omission” is the failure to submit part or all of the

information or documentation required in the Bidding
Documents.
29. Preliminary 29.1 The Employer shall examine the Bid to confirm that all
Examination of documents and information requested in ITB 11.1 have been
Bids provided, and to determine the completeness of each
document submitted.
29.2 The Employer shall confirm that the following documents
and information have been provided in the Bid. If any of
these documents or information is missing, the Bid shall be
rejected.
(a) Letter of Bid;
(b) written confirmation of authorization to commit the
Bidder;
(c) Bid Security;
(d) Technical Proposal in accordance with ITB 16; and
(e) Priced Bill of Quantities.

30. Qualification of the 30.1 The Employer shall determine to its satisfaction whether
Bidder Bidders meet the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria, during the evaluation
of Bids. However, if prequalification was carried out prior to
the bidding process, the Employer may carry out the
assessment of the qualification criteria specified in Section
III, Evaluation and Qualification Criteria, for the Bidder who
submitted the lowest evaluated and substantially responsive
Bid only.
30.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant ITB 17.
30.3 An affirmative determination shall be a prerequisite for
award of the Contract to the Bidder. A negative
determination shall result in disqualification of the Bid, in
which event if the assessment of the Bidder’s qualification
was conducted for the lowest evaluated Bidder only, in
accordance with ITB 30.1, the Employer shall proceed to the
next lowest evaluated Bid to make a similar determination.
31. Determination of 31.1 The Employer’s determination of a Bid’s responsiveness is
Responsiveness to be based on the contents of the Bid itself, as defined in
Option A: Section I. Instructions to Bidders ITB-21

ITB 11.
31.2 A substantially responsive Bid is one that meets the
requirements of the Bidding Documents 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 Documents, 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.
31.3 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 VI,
Works Requirements have been met without any material
deviation, reservation or omission.
31.4 If a Bid is not substantially responsive to the requirements of
the Bidding Documents, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
32. Nonmaterial 32.1 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.
32.2 Provided that a 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 Bid
related to documentation requirements. Requesting
information or documentation on such nonconformities shall
not be related to any aspect of the price of the Bid. Failure
of the Bidder to comply with the request may result in the
rejection of its Bid.
32.3 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
ITB-22 Option A: Section I. Instructions to Bidders

adjusted, for comparison purposes only, to reflect the price

of a missing or non-conforming item or component. The
adjustment shall be made using the method specified in
Section III, Evaluation and Qualification Criteria.
33. Correction of 33.1 Provided that the bid is substantially responsive, the
Arithmetical Employer shall correct arithmetical errors on the following
Errors basis:
(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; and
(c) 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) and (b) above.
33.2 Bidders shall be requested to accept correction of
arithmetical errors. Failure to accept the correction in
accordance with ITB 33.1, shall result in the rejection of the
Bid.

34. Conversion to 34.1 For evaluation and comparison purposes, the currency(ies)
Single Currency of the Bid shall be converted into a single currency as
specified in the BDS.

35. Subcontractors 35.1 Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer
(nominated subcontractors).

35.2 In case Prequalification was not conducted prior to the

bidding process, Bidders planning to subcontract any of the
key activities indicated in Section III, Evaluation and
Qualification Criteria, shall clearly identify the proposed
specialist subcontractor(s) in Forms ELI-2 and EXP-2(b) in
Section IV, Bidding Forms. Such proposed specialist
subcontractors(s) shall meet the corresponding qualification
Option A: Section I. Instructions to Bidders ITB-23

requirements specified in Section III, Evaluation and

Qualification Criteria.

35.3 In case Prequalification was conducted prior to the bidding

process, the Bidder’s Bid shall name the same specialist
subcontractor(s) whose experience in the key activities was
evaluated in the Prequalification, unless such change is
explicitly approved by the Employer in accordance with ITB
17.2.

36. Evaluation of Bids 36.1 The Employer shall use the criteria and methodologies listed
in this Clause. No other evaluation criteria or methodologies
shall be permitted.

36.2 To evaluate a 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 33.1;

(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 34;

(e) price adjustment due to quantifiable nonmaterial

nonconformities in accordance with ITB 32.3;

(f) the additional evaluation factors specified in Section III,

Evaluation and Qualification Criteria;

36.3 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.
36.4 If these Bidding Documents allow Bidders to quote separate
prices for different lots (contracts), the methodology to
determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter
of Bid, is specified in Section III, Evaluation and
ITB-24 Option A: Section I. Instructions to Bidders

Qualification Criteria.
36.5 If the Bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
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.
After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments,
the Employer may 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 in the event of default of the successful Bidder
under the Contract.

37. Comparison of Bids 37.1 The Employer shall compare the evaluated prices of all
substantially responsive Bids established in accordance with
ITB 36.2 to determine the lowest evaluated Bid.
38. Employer’s Right 38.1 The Employer reserves the right to accept or reject any Bid,
to Accept Any Bid, and to annul the bidding process and reject all Bids at any
and to Reject Any time prior to contract award, without thereby incurring any
or All Bids liability to Bidders. In case of annulment, all Bids submitted
and specifically, Bid securities, shall be promptly returned to
the Bidders.

F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder whose offer has been determined to be the
lowest evaluated Bid and is substantially responsive to the
Bidding Documents, provided further that the Bidder is
determined to be qualified to perform the Contract
satisfactorily.

40. Notification of 40.1 Prior to the expiration of the period of Bid validity, the
Award Employer shall notify the successful Bidder, in writing, that
its Bid has been accepted. The notification letter
(hereinafter and in the Conditions of Contract and Contract
Forms called the “Letter of Acceptance”) shall specify the
sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Accepted Contract Amount”). At the
same time, the Employer shall also notify all other Bidders
Option A: Section I. Instructions to Bidders ITB-25

of the results of the bidding.

40.2 After a contract has been determined to be eligible for

financing under Japanese ODA Loans, the following
information may be made public by JICA:

(a) name of each Bidder who submitted a Bid;

(b) Bid Prices as read out at Bid Opening;

(c) name and address of the successful Bidder;

(d) name and address of supplier; and

(e) award date and amount of the contract.

40.3 Until a formal contract is prepared and executed, the Letter

of Acceptance shall constitute a binding Contract.

40.4 After notification of award, unsuccessful Bidders may

request in writing to the Employer a debriefing seeking
explanations on the grounds on which their Bids were not
selected. The Employer shall promptly respond in writing to
any unsuccessful Bidder who, after notification of award in
accordance with ITB 40.1, requests a debriefing.
41. Signing of Contract 41.1 Promptly upon notification, the Employer shall send the
successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.

42. Performance 42.1 Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security in accordance with the
General Conditions of Contract, subject to ITB 36.5, using
for that purpose the Performance Security Form included in
Section IX, Annex to the Particular Conditions - Contract
Forms, or another form acceptable to the Employer. If the
Performance Security furnished by the successful Bidder is
in the form of a bond, it shall be issued by a bonding or
insurance company that has been determined by the
successful Bidder to be acceptable to the Employer. A
foreign institution providing a bond shall have a
correspondent financial institution located in the Employer’s
Country.
ITB-26 Option A: Section I. Instructions to Bidders

42.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security. In that event the
Employer may award the Contract to the next lowest
evaluated Bidder whose Bid is substantially responsive and
is determined by the Employer to be qualified to perform the
Contract satisfactorily.
Option A: Section II. Bid Data Sheet

Section II. Bid Data Sheet

Notes on Bid Data Sheet

Section II, Bid Data Sheet, shall be filled in by the Employer before issuance of the Bidding
Documents.

The Bid Data Sheet (BDS) contains information and provisions that are specific to a
particular bidding process. The Employer must specify in the BDS only the information that
the ITB request be specified in the BDS. All information shall be provided; no clause shall
be left blank.

To facilitate the preparation of the BDS, its clauses are numbered with the same numbers as
the corresponding ITB clause.
Option A: Section II. Bid Data Sheet BDS-1

Bid Data Sheet

A. General
ITB 1.1 The number of the Invitation for Bids is: [insert number of the Invitation
for Bids]
ITB 1.1 The Employer is: [insert name of the Employer]
ITB 1.1 The name, identification and number of the lot(s) (contract(s)) comprising
this ICB are: [insert number and identification of lot(s) (contract(s))]
ITB 2.1 The Borrower is: [insert name of the Borrower]
ITB 2.1 The number of the Loan Agreement is: [insert Loan Agreement Number]
The amount of a Japanese ODA Loan is: [insert amount in Japanese Yen]
The signed date of the Loan Agreement is: [insert signed date of the Loan
Agreement]
ITB 2.1 The name of the Project is: [insert name of the project]
ITB 2.2 The applicable Guidelines for Procurement under Japanese ODA Loans are
those published in [insert one of the following: April 2012, March 2009, or
October 1999].
ITB 3.1(c) A list of debarred firms and individuals is available at the World Bank’s
website: www.worldbank.org/debarr
ITB 4.5 This bidding [select “is” or “is not”, as appropriate] subject to
prequalification.
B. Bidding Documents
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city codes]
Facsimile number: [insert facsimile number, including country and city
codes]
Electronic mail address: [insert email address, if applicable]
ITB 7.1 Responses to any request for clarification, if any, [select “will” or “will
not”, as appropriate] be published on the Employer’s web page.

[Insert the Employer’s web page if responses to requests for clarifications

will be published on the Employer’s web page, otherwise omit.]
BDS-2 Option A: Section II. Bid Data Sheet

ITB 7.4 A Pre-bid meeting [insert “will” or “will not”, as appropriate] take place
at the following date, time and place:
[If a pre-bid meeting will take place, insert the date, time and place
information in the spaces provided below. Otherwise insert “Not
Applicable” in the spaces provided below for the date, time and place]
Date:
Time:
Place:
A site visit conducted by the Employer [insert “will be” or “will not be”,
as appropriate] organized.
ITB 8.2 Addenda, if any, [select “will” or “will not”, as appropriate] be published
on the Employer’s web page.
C. Preparation of Bids
ITB 10.1 The language of the Bid is: [insert one of the following: Japanese, English,
Spanish or French.]
ITB 11.1 (i) The Bidder shall submit with its Bid the following additional documents:
[List any additional document not already listed in ITB 11.1 that must be
submitted with the Bid.]
ITB 13.1 [The following provision should be included and the required
corresponding information inserted only if alternative Bids will be
considered. Otherwise delete this BDS 13.1.]

Alternative Bids [insert “shall be”] permitted.

ITB 13.2 Alternative times for completion [insert “will be” or “will not be”, as
appropriate] permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III, Evaluation and Qualification Criteria.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [List the parts of the works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III, Evaluation and Qualification Criteria.
ITB 14.5 [Price adjustment is mandatory for contracts with longer duration than 18
months or when local or foreign inflation is expected to be high. The
following provision should be included and the required corresponding
information inserted only if the prices quoted by the Bidder are not subject
to price adjustment. Otherwise delete this BDS 14.5.]

The prices quoted by the Bidder shall be: [insert “fixed; consequently, the
Bidder is not required to furnish the indices and weightings for the price
Option A: Section II. Bid Data Sheet BDS-3

adjustment formulae in the Schedule of Adjustment Data”]

ITB 14.7 [The following provision should be included and the corresponding
information inserted only if duties, taxes and other levies will be exempted,
reimbursed, or paid by the Employer on behalf of the Contractor.
Otherwise delete this BDS 14.7.]
Duties, taxes and other levies indicated below shall be [choose one of the
following: “exempted”, reimbursed, “paid by the Employer on behalf of
the Contractor”, as appropriate.]:
[List duties, taxes and other levies.]
ITB 15.1 The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply from
within the Employer’s country, in [insert the name of the currency of
the Employer’s country], the name of the currency of the Employer’s
country, and further referred to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside the Employer’s country (referred to as “the foreign currency
requirements”), in [insert Japanese Yen and/or other international
trading currency or currencies].
ITB 18.1 The Bid validity period shall be [insert a number of days] days.
[This period should be realistic, allowing sufficient time to evaluate the
Bids, bearing in mind the complexity of the Works and the time required
for obtaining references, clarifications, clearances, and approvals
(including JICA’s concurrence) and for notification of the award.
Normally the validity period should not exceed 120 days.]
ITB 18.3 (a) The Bid Price shall be adjusted by the following factor: [insert factor for
adjustment]
[The local currency portion of the Contract price shall be adjusted by a
factor reflecting local inflation during the period of extension, and the
foreign currency portion of the Contract price shall be adjusted by a factor
reflecting the international inflation (in the country of the foreign
currency) during the period of extension.]
ITB 18.3 (b) The fixed portion of the Bid Price shall be adjusted by the following factor:
[insert factor for adjustment]
[The local currency portion of the fixed portion of the Contract price shall
be adjusted by a factor reflecting local inflation during the period of
extension, and the foreign currency portion of the fixed portion of the
Contract price shall be adjusted by a factor reflecting the international
inflation (in the country of the foreign currency) during the period of
extension.]
BDS-4 Option A: Section II. Bid Data Sheet

ITB 19.1 The amount and currency of the Bid Security shall be [Insert amount and
currency of the Bid Security. The amount should be approximately 2% of
the estimated cost of the contract.]
ITB 19.2 (d) Other types of acceptable securities: [Insert names of other acceptable
securities. Insert “None” if no other forms of bid securities besides those
listed in ITB 19.2 (a) through (c) are acceptable.]
ITB 20.1 In addition to the original of the Bid, the number of copies is: [Insert
number of copies.]
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: [Insert the name and description of the documentation
required to demonstrate the authority of the signatory to sign the Bid.]
D. Submission and Opening of Bids
ITB 22.1 For Bid submission purposes only, the Employer’s address is :
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]

The deadline for Bid submission is:

Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]

ITB 25.1 The Bid opening shall take place at:

Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City : [insert name of city or town]
Country: [insert name of country]
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]

E. Evaluation, and Comparison of Bids

ITB 34.1 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: [insert Japanese Yen or another single currency]
The source of exchange rate shall be: [Insert name of the source of
exchange rates (e.g., the Central Bank in the Employer’s Country).]
Option A: Section II. Bid Data Sheet BDS-5

The date for the exchange rate shall be: [Insert day, month and year, e.g.
15 June, 2008, the date not earlier than 30 days prior to, nor later than,
the date of Bid opening specified in ITB 25.1.]
The Employer will convert the amounts in various currencies in which the
Bid Price, corrected pursuant to ITB 33, is payable (excluding Provisional
Sums but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and on the date stipulated above.
ITB 35.1 [Insert the following only if the Employer intends to execute any specific
elements of the Works by subcontractors selected in advance (nominated
subcontractors). Otherwise delete this BDS 35.1.]
At this time the Employer intends to execute certain specific parts of the
Works by subcontractors selected in advance. [List the specific parts of the
Works and the respective nominated subcontractors.]
OPTION B: Two-Envelope Bidding
Option B: Section I. Instructions to Bidders

Section I. Instructions to Bidders

Notes on the Instructions to Bidders

Section I, Instructions to Bidders, provides the information necessary for Bidders to
prepare responsive Bids in accordance with the requirements of the Employer. It also gives
information on Bid submission, opening, and evaluation, and on the award of the Contract.

The use of the Standard Instructions to Bidders set forth in Section I of these Standard
Bidding Documents for the Procurement of Works (version 1.1) published by JICA in
October, 2012 (hereafter referred to as “Standard ITB”), in all Bidding Documents for
construction works financed by Japanese ODA Loans is required, and they shall be used
without modification. Any necessary changes, acceptable to JICA, to address specific
country and project issues, shall be introduced only through the Bid Data Sheet.

The Instructions to Bidders will not be part of the Contract.

Option B: Section I. Instructions to Bidders

Section I. Instructions to Bidders

[Note to the Employer: The Instructions to Bidders governing this bidding process are the
Standard Instructions to Bidders included in Option B: Two-Envelope Bidding, of the
Standard Bidding Documents for Procurement of Works (SBD (Works)) (version 1.1)
published by JICA in October 2012.

A copy of the Standard Instructions to Bidders may be attached to the Bidding Documents
prepared by the Employer for reference purposes only. If the Instructions to Bidders in the
Bidding Documents prepared by the Employer contain modifications from the Standard
Instructions to Bidders, JICA will not consider them valid and the Standard Instructions to
Bidders, as defined above, shall apply.

Instead of attaching a copy of the Standard Instructions to Bidders, the Employer may use
the following introductory text.]

The Instructions to Bidders governing this bidding process are the “Instructions to Bidders”
included in Option B: Two-Envelope Bidding, Section I, of the Standard Bidding
Documents for Procurement of Works (version 1.1), published by JICA in October, 2012.
Those Instructions to Bidders are available on the JICA’s web site shown below:

http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/index.html

A copy of these Instructions to Bidders is not attached to these Bidding Documents.

Option B: Section I. Instructions to Bidders ITB-1

Table of Clauses
A. General ................................................................................................................................3
1. Scope of Bid ..............................................................................................................3
2. Source of Funds.........................................................................................................3
3. Corrupt and Fraudulent Practices ..............................................................................3
4. Eligible Bidders .........................................................................................................5
5. Eligible Materials, Equipment, and Services ...........................................................6

B. Contents of Bidding Documents .......................................................................................7

6. Sections of Bidding Documents ...............................................................................7
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting ...........................8
8. Amendment of Bidding Documents..........................................................................9

C. Preparation of Bids ............................................................................................................9

9. Cost of Bidding .........................................................................................................9
10. Language of Bid ........................................................................................................9
11. Documents Comprising the Bid ................................................................................9
12. Letters of Bid and Schedules...................................................................................10
13. Alternative Bids ......................................................................................................11
14. Bid Prices and Discounts ........................................................................................11
15. Currencies of Bid and Payment ...............................................................................12
16. Documents Comprising the Technical Proposal .....................................................13
17. Documents Establishing the Qualifications of the Bidder ......................................13
18. Period of Validity of Bids .......................................................................................14
19. Bid Security .............................................................................................................14
20. Format and Signing of Bid ......................................................................................16

D. Submission and Opening of Bids ....................................................................................16

21. Sealing and Marking of Bids ...................................................................................16
22. Deadline for Submission of Bids ............................................................................17
23. Late Bids .................................................................................................................17
24. Withdrawal, Substitution, and Modification of Bids ..............................................17
25. Bid Opening ............................................................................................................18

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

26. Confidentiality.........................................................................................................20
27. Clarification of Bids ................................................................................................21
28. Deviations, Reservations, and Omissions ...............................................................21
29. Preliminary Examination of Technical Bids ...........................................................21
30. Qualification of the Bidder......................................................................................22
31. Determination of Responsiveness of Technical Bid ...............................................22
32. Nonmaterial Nonconformities .................................................................................23
33. Correction of Arithmetical Errors ...........................................................................23
34. Conversion to Single Currency ...............................................................................24
35. Subcontractors .........................................................................................................24
ITB-2 Option B: Section I. Instructions to Bidders

36. Evaluation of Price Bids ......................................................................................... 25

37. Comparison of Bids ................................................................................................ 26
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .................. 26

F. Award of Contract ........................................................................................................... 26

39. Award Criteria ........................................................................................................ 26
40. Notification of Award ............................................................................................ 26
41. Signing of Contract ................................................................................................ 27
42. Performance Security ............................................................................................. 27
Option B: Section I. Instructions to Bidders ITB-3

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids specified in
Section II, Bid Data Sheet (BDS), the Employer, as
specified in the BDS, issues these Bidding Documents
(hereinafter referred to as “Bidding Documents”) for the
procurement of Works as specified in Section VI, Works
Requirements. The name, identification, and number of the
lot(s) (contract(s)) comprising this International Competitive
Bidding (ICB) process are specified in the BDS.
1.2 Throughout these Bidding Documents:
(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 Borrower specified in the BDS has received or has
applied for a Japanese ODA Loan from Japan International
Cooperation Agency (hereinafter referred to as “JICA”),
with the number, in the amount and on the signed date of the
Loan Agreement specified in the BDS, towards the cost of
the project specified in the BDS. The Borrower intends to
apply a portion of the proceeds of the loan to payments
under the contract(s) for which these Bidding Documents are
issued.
2.2 Disbursement of a Japanese ODA Loan by JICA will be
subject, in all respects, to the terms and conditions of the
Loan Agreement, including the disbursement procedures and
the applicable Guidelines for Procurement under Japanese
ODA Loans specified in the BDS. No party other than the
Borrower shall derive any rights from the Loan Agreement
or have any claim to the loan proceeds.
2.3 The above Loan Agreement will cover only a part of the
project cost. As for the remaining portion, the Borrower will
take appropriate measures for finance.
3. Corrupt and 3.1 It is JICA’s policy to require that Bidders and Contractors,
Fraudulent as well as Borrowers, under contracts funded with Japanese
Practices ODA Loans and other Japanese ODA, observe the highest
standard of ethics during the procurement and execution of
ITB-4 Option B: Section I. Instructions to Bidders

such contracts. In pursuance of this policy, JICA:

(a) will reject a proposal for award if it determines that the
Bidder recommended for award has engaged in corrupt
or fraudulent practices in competing for the contract in
question;
(b) will recognize a Bidder or Contractor as ineligible, for a
period determined by JICA, to be awarded a contract
funded with Japanese ODA Loans if it at any time
determines that the Bidder or the Contractor has engaged
in corrupt or fraudulent practices in competing for, or in
executing, another contract funded with Japanese ODA
Loans or other Japanese ODA; and
(c) will recognize a Contractor as ineligible to be awarded a
contract funded with Japanese ODA Loans if the
Contractor or subcontractor, who has a direct contract
with the Contractor, is debarred under the cross
debarment decisions by the Multilateral Development
Banks. Such period of ineligibility shall not exceed three
(3) years from (and including) the date on which the
cross debarment is imposed.
“Cross debarment decisions by the Multilateral
Development Banks” is a corporate sanction in
accordance with the agreement among the African
Development Bank Group, Asian Development Bank,
European Bank for Reconstruction and Development,
Inter-American Development Bank Group and the
World Bank Group signed on 9 April, 2010 (as amended
from time to time). JICA will recognize the World Bank
Group’s debarment of which period exceeds one year,
imposed after 19 July, 2010, the date on which the
World Bank Group started cross debarment, as “cross
debarment decisions by the Multilateral Development
Banks.” The list of debarred firms and individuals is
available at the electronic address specified in the BDS.
JICA will recognize a Bidder or Contractor as ineligible
to be awarded a contract funded with Japanese ODA
Loans if the Bidder or Contractor is debarred by the
World Bank Group for the period starting from the date
of the Invitation for Bid, if prequalification has not been
conducted, or the date of the Advertisement for
Prequalification, if prequalification has been conducted,
up to the signing of the contract, unless (i) such
debarment period does not exceed one year, or (ii) three
Option B: Section I. Instructions to Bidders ITB-5

(3) years have passed since such debarment decision.

If it is revealed that the Contractor was ineligible to be
awarded a contract according to above, JICA will, in
principle, impose sanctions against the Contractor.
If it is revealed that the subcontractor, who has a direct
contract with the Contractor, was debarred by the World
Bank Group on the subcontract date, JICA will, in
principle, require the Borrower to have the Contractor
cancel the subcontract immediately, unless (i) such
debarment period does not exceed one year, or (ii) three
(3) years have passed since such debarment decision. If
the Contractor refuses, JICA will require the Borrower to
declare invalidity or cancellation of the contract and
demand the refund of the relevant proceeds of the loan
or any other remedies on the grounds of contractual
violation.
3.2 Furthermore, Bidders shall be aware of the provision stated
in Sub-Clause 15.6 of the General Conditions.
4. Eligible Bidders 4.1 A Bidder may be a firm that is a single entity or any
combination of such entities in the form of a joint venture
(JV) under an existing agreement or with the intent to enter
into such an agreement supported by a letter of intent. In
the case of a JV, all members shall be jointly and severally
liable for the execution of the Contract in accordance with
the Contract terms. The JV shall nominate a Representative
who shall have the authority to conduct all business for and
on behalf of any and all the members of the JV during the
bidding process and, in the event the JV is awarded the
Contract, during contract execution.
4.2 A Bidder shall not have a conflict of interest. A Bidder shall
not be employed under any of the circumstances set forth
below, where it is determined to have a conflict of interest
throughout the bidding/selection process and/or the
execution of the contract unless the conflict has been
resolved in a manner acceptable to JICA.
(a) A firm shall be disqualified from providing goods or
non-consulting services resulting from or directly related
to consulting services for the preparation or
implementation of a project 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. This provision does not apply to the
ITB-6 Option B: Section I. Instructions to Bidders

various firms (consultants, contractors, or suppliers)

only due to the reason that those firms together are
performing the Contractor’s obligations under a turnkey
or design and build contract.

(b) A firm that has a close business relationship with the

Borrower’s professional personnel, who are directly or
indirectly involved in any part of: (i) the preparation of
the Bidding Documents for the contract, (ii) the Bid
evaluation, or (iii) the supervision of such contract, shall
be disqualified.

(c) Based on the “One Bid Per Bidder” principle, which is

to ensure fair competition, a firm and any affiliate that
directly or indirectly controls, is controlled by, or is
under common control with that firm shall not be
allowed to submit more than one Bid, either individually
as a Bidder or as a member of a JV. A firm (including its
affiliate), if acting in the capacity of a subcontractor in
one Bid, may participate in other Bids, only in that
capacity.

(d) A firm having any other form of conflict of interest other

than (a) through (c) above shall be disqualified.
4.3 A Bidder, and all members constituting the Bidder, shall be
from any of the eligible source countries as indicated in
Section V, Eligible Source Countries of Japanese ODA
Loans.
4.4 A Bidder that has been determined to be ineligible by JICA
in accordance with ITB 3.1 shall not be eligible to be
awarded a contract.
4.5 This bidding is open only to prequalified Bidders unless
specified in the BDS.
4.6 A Bidder shall provide such evidence of eligibility
satisfactory to the Employer, as the Employer shall
reasonably request.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under
Equipment, and the Contract and financed by JICA shall have their origin in
Services any of the eligible source countries indicated in Section V,
Eligible Source Countries of Japanese ODA Loans. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
Option B: Section I. Instructions to Bidders ITB-7

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 Documents

6. Sections of Bidding 6.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Documents include all the Sections specified below, and which should be
read in conjunction with any addenda issued in accordance
with ITB 8.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
 Section V. Eligible Source Countries of Japanese
ODA Loans
PART 2 Works Requirements
 Section VI. Works Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VII. General Conditions (GC)
 Section VIII. Particular Conditions (PC)
 Section IX. Annex to the Particular Conditions -
Contract Forms
6.2 The Invitation for Bids issued by the Employer is not part of
the Bidding Documents.

6.3 Unless obtained directly from the Employer, the Employer is

not responsible for the completeness of the Bidding
Documents, responses to requests for clarification, the
minutes of the pre-bid meeting (if any), or addenda to the
Bidding Documents in accordance with ITB 8. In case of
any contradiction, documents obtained directly from the
Employer shall prevail.
ITB-8 Option B: Section I. Instructions to Bidders

6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Documents and to
furnish with its Bid all information and documentation as is
required by the Bidding Documents.

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

Bidding Documents shall contact the Employer in writing at the
Documents, Site Employer’s address specified in the BDS or raise its
Visit, Pre-Bid enquiries during the pre-bid meeting if provided for in
Meeting accordance with ITB 7.4. The Employer will respond in
writing to any request for clarification, provided that such
request is received no later than fourteen (14) days prior to
the deadline for submission of Bids. The Employer shall
forward copies of its response to all Bidders who have
acquired the Bidding Documents in accordance with ITB
6.3, including a description of the inquiry but without
identifying its source. If so specified in the BDS, the
Employer shall also promptly publish its response at the web
page identified in the BDS. Should the clarification result in
changes to the essential elements of the Bidding Documents,
the Employer shall amend the Bidding Documents 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 upon its
premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel,
and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect
thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the inspection.
7.4 If so specified in the BDS, the Bidder’s designated
representative is invited to attend a pre-bid meeting. 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 one (1) week before the
Option B: Section I. Instructions to Bidders ITB-9

meeting.
7.6 Minutes of the pre-bid meeting, if applicable, including the
text of the questions asked by Bidders, 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
Documents in accordance with ITB 6.3. Any modification
to the Bidding Documents that may become necessary as a
result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an addendum pursuant to
ITB 8 and not through the minutes of the pre-bid meeting.
Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Documents Employer may amend the Bidding Documents by issuing
addenda.
8.2 Any addendum issued shall be part of the Bidding
Documents and shall be communicated in writing to all who
have obtained the Bidding Documents from the Employer in
accordance with ITB 6.3. If so specified in the BDS, the
Employer shall also promptly publish the addendum on the
Employer’s web page in accordance with ITB 7.1.
8.3 To give Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the
Employer may 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 not 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 of Bid, 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
ITB-10 Option B: Section I. Instructions to Bidders

Comprising the Bid simultaneously, one called the Technical Bid containing the
documents listed in 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, 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 if its Bid is accepted;
(f) Technical Proposal in accordance with ITB 16;
(g) Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans (Form ACK),
which shall be signed and dated by the Bidder’s
authorized representative.
(h) 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 14;
(c) alternative price bids, at Bidder’s option and if
permissible, in accordance with ITB 13;
(d) Any other document required in the BDS.
11.4 In addition to the requirements under ITB 11.2, Bids
submitted by a JV shall include a copy of the Joint Venture
Agreement entered into by all members. Alternatively, a
letter of intent to execute a Joint Venture Agreement in the
event of a successful Bid shall be signed by all members and
submitted with the Bid, together with a copy of the proposed
Agreement.
12. Letters of Bid and 12.1 The Letters of Technical Bid and Price Bid and the
Schedules Schedules, including the Bill of Quantities, shall be prepared
using the relevant forms furnished in Section IV, Bidding
Forms. The forms must be completed without any alterations
to the text, and no substitutes shall be accepted except as
Option B: Section I. Instructions to Bidders ITB-11

provided under ITB 20.2. All blank spaces shall be filled in

with the information requested.

13. Alternative Bids 13.1 Unless otherwise specified 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 Documents must first price the Employer’s design
as described in the Bidding Documents 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 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, and such parts will be identified in the BDS, as
will the method for their evaluating, and described in
Section VI, Works Requirements.

14. Bid Prices and 14.1 The prices and discounts (including any price reduction)
Discounts quoted by the Bidder in the Letter of 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 shall be
deemed covered by the rates for other items in the Bill of
Quantities and will not be paid for separately by the
Employer. An item not listed in the priced Bill of Quantities
shall be assumed to be not included in the Bid, and provided
that the Bid is determined substantially responsive
notwithstanding this omission, the average price of the item
quoted by substantially responsive Bidders will be added to
the Bid Price and the equivalent total cost of the Bid so
determined will be used for price comparison.

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

ITB-12 Option B: Section I. Instructions to Bidders

accordance with ITB 12.1, shall be the total price of the Bid,
excluding any discounts offered.

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 Unless otherwise specified in the BDS and the Contract,

the rates and prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of
Contract. In such a case, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the
Schedule of Adjustment Data and the Employer may require
the Bidder to justify its proposed indices and weightings.

14.6 If so specified in BDS 1.1, Bids are being invited for

individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer discounts for the award
of more than one Contract shall specify in their Letter of
Price Bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package.
Discounts shall be submitted in accordance with ITB 14.4,
provided the Bids for all lots (contracts) are opened at the
same time.

14.7 Unless otherwise provided in the BDS, all duties, taxes,

and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date twenty-eight
(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 Bid 15.1 The currency(ies) of the Bid shall be as specified in the
and Payment BDS. Payment of the contract price shall be made in the
currency or currencies in which the Bid Price is expressed in
the Bid of the successful Bidder.
15.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the Schedule of
Adjustment Data are reasonable, in which case a detailed
breakdown of the foreign currency requirements shall be
provided by Bidders.
15.3 The foreign currency requirements generally include the
Option B: Section I. Instructions to Bidders ITB-13

following:
(a) expatriate staff and labour employed directly on the
Works;
(b) social, insurance, medical and other charges relating to
such expatriate staff and labour, and foreign travel -
expenses;
(c) imported materials, both temporary and permanent,
including fuels, oil and lubricants required for the
Works;
(d) depreciation and usage of imported Plant and
Contractor’s Equipment, including spare parts, required
for the Works;
(e) foreign insurance and freight charges for imported
materials, Plant and Contractor’s Equipment, including
spare parts; and
(f) overhead expenses, fees, profit, and financial charges
arising outside the Employer’s country in connection
with the Works.
16. Documents 16.1 The Bidder shall furnish as part of the Technical Bid, a
Comprising the Technical Proposal including a statement of work methods,
Technical Proposal equipment, personnel, schedule, safety plan and any other
information as stipulated in Section IV, Bidding Forms, in
sufficient detail to demonstrate the adequacy of the Bidder’s
proposal to meet the work requirements and the completion
time.
17. Documents 17.1 In accordance with Section III, Evaluation and Qualification
Establishing the Criteria, if the prequalification process was conducted prior
Qualifications of to the bidding process, the Bidder shall provide in the
the Bidder corresponding information sheets included in Section IV,
Bidding Forms, (i) updated information on any assessed
aspect that changed from that time to establish that the
Bidder continues to meet the criteria used at the time of
prequalification and (ii) the requested information on the
additional qualification criteria stated in Section III,
Evaluation and Qualification Criteria, or if the assessment of
qualification criteria was not conducted prior to the bidding
process, the Bidder shall provide the information requested
in the corresponding information sheets included in Section
IV, Bidding Forms.

17.2 Any change in the structure or formation of a Bidder after

ITB-14 Option B: Section I. Instructions to Bidders

being prequalified and invited to bid (including, in the case of

a JV, any change in the structure or formation of any member
thereto) 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) such change has not taken place
by the free choice of the firms involved; (ii) as a consequence
of the change, the Bidder no longer substantially meets the
qualification criteria set forth in the Prequalification
Documents; 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 Invitation for
Bids.
18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS
of Bids after the Bid submission deadline date prescribed by the
Employer in accordance with ITB 22.1. A Bid valid for a
shorter period shall be rejected by the Employer as non-
responsive.
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. The Bid Security
shall also be extended for twenty-eight (28) days beyond the
deadline of the extended validity period. A Bidder may
refuse the request without forfeiting its Bid Security. A
Bidder granting the request shall not be required or
permitted to modify its Bid, except as provided in ITB 18.3.
18.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial Bid validity, the
Contract price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the Bid Price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, to determine the
Contract price, the fixed portion of the Bid Price shall be
adjusted by the factor specified in the BDS.
(c) In any case, Bid evaluation shall be based on the Bid
Price without taking into consideration the applicable
correction from those indicated above.
19. Bid Security 19.1 The Bidder shall furnish as part of its Technical Bid, a Bid
Security in the amount and currency specified in the BDS.
Option B: Section I. Instructions to Bidders ITB-15

19.2 The Bid Security shall be a demand guarantee in any of the

following forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or financial
institution (such as an insurance, bonding or surety
company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source from an eligible source country. If
the unconditional guarantee is issued by a financial
institution located outside the Employer’s Country, the
issuing financial institution shall have a correspondent
financial institution located in the Employer’s Country to
make it enforceable. In the case of a bank guarantee, the Bid
Security shall be submitted either using the Bid Security
Form included in Section IV, Bidding Forms, or in another
substantially similar format approved by the Employer prior
to Bid submission. In either case, the form must include the
complete name of the Bidder. The Bid Security shall be
valid for twenty-eight (28) days beyond the original validity
period of the Bid, or beyond any period of extension if
requested under ITB 18.2.
19.3 Any Bid not accompanied by a substantially responsive Bid
Security shall be rejected by the Employer as non-
responsive.
19.4 The Bid Security of unsuccessful Bidders shall be returned
as promptly as possible upon the successful Bidder’s signing
the Contract and furnishing the Performance Security
pursuant to ITB 42.
19.5 The Bid Security of the successful Bidder shall be returned
as promptly as possible once the successful Bidder has
signed the Contract and furnished the required Performance
Security.
19.6 The Bid Security may be forfeited:
(a) if a Bidder withdraws its Bid during the period of Bid
validity specified by the Bidder on the Letters of
Technical Bid and Price Bid, or any extension thereto
provided by the Bidder; or
ITB-16 Option B: Section I. Instructions to Bidders

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a Performance Security in accordance
with ITB 42.
19.7 The Bid Security of a JV shall be in the name of the JV that
submits the Bid. If the JV has not been legally constituted
into a legally enforceable JV at the time of bidding, the Bid
Security shall be in the names of all future members as
named in the letter of intent referred to in ITB 4.1 and ITB
11.4.
20. Format and 20.1 The Bidder shall prepare one original of the Technical Bid
Signing of Bid and one original of the Price Bid comprising the Bid as
described in ITB 11 and clearly mark them “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 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. All pages of the Bid where entries or
amendments have been made shall be signed or initialed by the
person signing the Bid.
20.3 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and
so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized
representatives.
20.4 Any inter-lineation, 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 The Bidder shall enclose the original of the Technical Bid,
Marking of Bids the original of the Price Bid, each copy of the Technical Bid
and each copy of the Price Bid, including alternative Bids, if
Option B: Section I. Instructions to Bidders ITB-17

permitted in accordance with ITB 13, in separate sealed

envelopes, duly marking the envelopes as “ORIGINAL -
TECHNICAL BID”, “ORIGINAL – PRICE BID”, “COPY–
TECHNICAL BID”, “COPY – PRICE BID”, and “ALTERNATIVE”,
as appropriate. These envelopes containing the original and
the copies shall then be enclosed in one single envelope.
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 ITB
22.1; and
(c) bear the specific identification of this bidding process
specified in BDS 1.1.
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 Bids later than the date and time specified in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the Bidding Documents
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.

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-18 Option B: Section I. Instructions to Bidders

ITB 20.2, (except that withdrawal notices 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 that withdrawals notices do not require
copies), and in addition, the respective envelopes shall
be clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b) received by the Employer prior to 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. Bid Opening 25.1 Except in the cases specified in ITB 23 and ITB 24, the
Employer shall publicly open and read out in accordance
with ITB 25.5 all Technical Bids received by the deadline, at
the date, time and place specified in the BDS, in the
presence of Bidders’ designated representatives and anyone
who choose to attend. The Price Bids will remain unopened
and will be held in custody of the Employer until the
specified time of their opening in accordance with ITB 25.7.
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 the opening of Technical
Bids.
25.3 Second, outer envelopes marked “SUBSTITUTION” shall be
opened. The inner envelopes containing 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
and read out. Substitution Price Bid will remain unopened in
Option B: Section I. Instructions to Bidders ITB-19

accordance with ITB 25.1. No envelope substitution shall be

permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and
is read out at the opening of Technical Bids.
25.4 Next, outer envelopes marked “MODIFICATION” shall be
opened. No Technical Bid and/or Price Bid modification
shall be permitted unless the corresponding modification
notice contains a valid authorization to request the
modification and is read out at the opening of Technical
Bids. Only the Technical Bids, both Original as well as
Modification, are to be opened and read out at the opening
of Technical Bids. Price Bids, both Original 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, reading out:
(a) the name of the Bidder;
(b) whether there is a modification;
(c) the presence or absence of a Bid Security; and
(d) any other details as the Employer may consider
appropriate.
Only Technical Bids and alternative Technical Bids read out
at Bid opening shall be considered for evaluation. The
Employer shall neither discuss the merits of any Bid nor
reject any Bid (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. 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.
25.7 At the end of the evaluation of the Technical Bids, the
Employer will invite Bidders who have submitted
substantially responsive Technical Bids and who have been
determined as being qualified for award to attend the
opening of the Price Bids. The date, time, and location of the
opening of Price Bids will be advised in writing by the
ITB-20 Option B: Section I. Instructions to Bidders

Employer. The opening date should allow Bidders sufficient

time to make arrangements for attending the opening of
Price Bids.
25.8 The Employer will notify Bidders in writing who have been
rejected on the grounds of their Technical Bids being
substantially non-responsive to the requirements of the
Bidding Document and return their Price Bids unopened.
25.9 The Employer shall conduct the opening of Price Bids of all
Bidders who submitted substantially responsive Technical
Bids, in the presence of Bidders’ representatives who choose
to attend at the address, date and time specified by the
Employer. The Bidder’s representatives who are present
shall be requested to sign a register evidencing their
attendance.
25.10 All envelopes containing Price Bids shall be opened one at a
time, reading out:
(a) the name of the Bidder;
(b) whether there is a modification;
(c) the Bid Prices, including any discounts and alternative
Bids; and
(d) any other details as the Employer may consider
appropriate.
Only Price Bids discounts, and alternative Bids read out and
recorded during the opening of Price Bids shall be
considered for evaluation. No Bid shall be rejected at the
opening of Price Bids.
25.11 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 Bids. 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.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the evaluation of Bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with
the bidding process until information on Contract award is
Option B: Section I. Instructions to Bidders ITB-21

communicated to all Bidders in accordance with ITB 40.

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.
26.3 Notwithstanding ITB 26.2, from the time of Bid opening to
the time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the bidding process, it
shall do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of
Bids the Technical and Price Bids, and qualification of the
Bidders, the Employer may, at its discretion, ask any Bidder
for a clarification of its Bid, giving a reasonable time for a
response. 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, including any
voluntary increase or decrease in the prices, 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 33.
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
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Documents; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Documents.

29. Preliminary 29.1 The Employer shall examine the Technical Bid to confirm
Examination of that all documents and technical documentation requested in
Technical Bids ITB 11.2 have been provided, and to determine the
completeness of each document submitted.
29.2 The Employer shall confirm that the following documents
ITB-22 Option B: Section I. Instructions to Bidders

and information have been provided in the Technical Bid. If

any of these documents or information is missing, the Bid
shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the
Bidder;
(c) Bid Security; and
(d) Technical Proposal in accordance with ITB 16;

30. Qualification of the 30.1 The Employer shall determine to its satisfaction whether
Bidder Bidders meet the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria, during the evaluation
of Technical Bids. However, if prequalification was carried
out prior to the bidding process, the Employer may carry out
the assessment of the qualification criteria specified in
Section III, Evaluation and Qualification Criteria, for the
Bidder who submitted the lowest evaluated and substantially
responsive Bid only.
30.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant ITB 17.
30.3 An affirmative determination shall be a prerequisite for
award of the Contract to the Bidder. A negative
determination shall result in disqualification of the Bid, in
which event if the assessment of the Bidder’s qualification
was conducted for the lowest evaluated Bidder only, in
accordance with ITB 30.1, the Employer shall proceed to the
next lowest evaluated Bid to make a similar determination.
31. Determination of 31.1 The Employer’s determination of a Technical Bid’s
Responsiveness of responsiveness is to be based on the contents of the Bid
Technical Bid itself, as defined in ITB 11.2.
31.2 A substantially responsive Technical Bid is one that meets
the requirements of the Bidding Documents 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
Option B: Section I. Instructions to Bidders ITB-23

(ii) limit in any substantial way, inconsistent with the

Bidding Documents, 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.
31.3 The Employer shall examine the Technical Bid submitted in
accordance with ITB 16, Technical Proposal, in particular,
to confirm that all requirements of Section VI, Works
Requirements have been met without any material deviation,
reservation or omission.
31.4 If a Technical Bid is not substantially responsive to the
requirements of the Bidding Documents, it shall be rejected
by the Employer and may not subsequently be made
responsive by correction of the material deviation,
reservation, or omission.
32. Nonmaterial 32.1 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.
32.2 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.
32.3 Provided that a Technical 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. The adjustment shall be made using the method
specified in Section III, Evaluation and Qualification
Criteria.
33. Correction of 33.1 Provided that the bid is substantially responsive, the
Arithmetical Employer shall correct arithmetical errors on the following
Errors basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
ITB-24 Option B: Section I. Instructions to Bidders

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; and
(c) 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) and (b) above.
33.2 Bidders shall be requested to accept correction of
arithmetical errors. Failure to accept the correction in
accordance with ITB 33.1, shall result in the rejection of the
Bid.

34. Conversion to 34.1 For evaluation and comparison purposes, the currency(ies)
Single Currency of the Bid shall be converted into a single currency as
specified in the BDS.

35. Subcontractors 35.1 Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer
(nominated subcontractors).

35.2 In case Prequalification was not conducted prior to the

bidding process, Bidders planning to subcontract any of the
key activities indicated in Section III, Evaluation and
Qualification Criteria, shall clearly identify the proposed
specialist subcontractor(s) in Forms ELI-2 and EXP-2(b) in
Section IV, Bidding Forms. Such proposed specialist
subcontractors(s) shall meet the corresponding qualification
requirements specified in Section III, Evaluation and
Qualification Criteria.

35.3 In case Prequalification was conducted prior to the bidding

process, the Bidder’s Bid shall name the same specialist
subcontractor(s) whose experience in the key activities was
evaluated in the Prequalification, unless such change is
explicitly approved by the Employer in accordance with ITB
17.2.
Option B: Section I. Instructions to Bidders ITB-25

36. Evaluation of Price 36.1 The Employer shall use the criteria and methodologies listed
Bids in this Clause. No other evaluation criteria or methodologies
shall be permitted.

36.2 To evaluate a 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 33.1;

(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 34;

(e) price adjustment due to quantifiable nonmaterial

nonconformities in accordance with ITB 32.3;

(f) the additional evaluation factors specified in Section III,

Evaluation and Qualification Criteria;

36.3 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.
36.4 If these Bidding Documents allow Bidders to quote separate
prices for different lots (contracts), the methodology to
determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter
of Price Bid, is specified in Section III, Evaluation and
Qualification Criteria.
36.5 If the Bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
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.
After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments,
ITB-26 Option B: Section I. Instructions to Bidders

the Employer may 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 in the event of default of the successful Bidder
under the Contract.
37. Comparison of Bids 37.1 The Employer shall compare the evaluated prices of all
substantially responsive Bids established in accordance with
ITB 36.2 to determine the lowest evaluated Bid.

38. Employer’s Right 38.1 The Employer reserves the right to accept or reject any Bid,
to Accept Any Bid, and to annul the bidding process and reject all Bids at any
and to Reject Any time prior to contract award, without thereby incurring any
or All Bids liability to Bidders. In case of annulment, all Bids submitted
and specifically, Bid securities, shall be promptly returned to
the Bidders.

F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder whose offer has been determined to be the
lowest evaluated Bid and is substantially responsive to the
Bidding Documents, provided further that the Bidder is
determined to be qualified to perform the Contract
satisfactorily.

40. Notification of 40.1 Prior to the expiration of the period of Bid validity, the
Award Employer shall notify the successful Bidder, in writing, that
its Bid has been accepted. The notification letter
(hereinafter and in the Conditions of Contract and Contract
Forms called the “Letter of Acceptance”) shall specify the
sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Accepted Contract Amount”). At the
same time, the Employer shall also notify all other Bidders
of the results of the bidding.

40.2 After a contract has been determined to be eligible for

financing under Japanese ODA Loans, the following
information may be made public by JICA:

(a) name of each Bidder who submitted a Bid;

(b) Bid Prices as read out at Bid Opening;

(c) name and address of the successful Bidder;

Option B: Section I. Instructions to Bidders ITB-27

(d) name and address of supplier; and

(e) award date and amount of the contract.

40.3 Until a formal contract is prepared and executed, the Letter

of Acceptance shall constitute a binding Contract.

40.4 After notification of award, unsuccessful Bidders may

request in writing to the Employer a debriefing seeking
explanations on the grounds on which their Bids were not
selected. The Employer shall promptly respond in writing to
any unsuccessful Bidder who, after notification of award in
accordance with ITB 40.1, requests a debriefing.
41. Signing of Contract 41.1 Promptly upon notification, the Employer shall send the
successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.
42. Performance 42.1 Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security in accordance with the
General Conditions of Contract, subject to ITB 36.5, using
for that purpose the Performance Security Form included in
Section IX, Annex to the Particular Conditions - Contract
Forms, or another form acceptable to the Employer. If the
Performance Security furnished by the successful Bidder is
in the form of a bond, it shall be issued by a bonding or
insurance company that has been determined by the
successful Bidder to be acceptable to the Employer. A
foreign institution providing a bond shall have a
correspondent financial institution located in the Employer’s
Country.
42.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security. In that event the
Employer may award the Contract to the next lowest
evaluated Bidder whose Bid is substantially responsive and
is determined by the Employer to be qualified to perform the
Contract satisfactorily.
Option B: Section II. Bid Data Sheet

Section II. Bid Data Sheet

Notes on Bid Data Sheet

Section II, Bid Data Sheet, shall be filled in by the Employer before issuance of the Bidding
Documents.

The Bid Data Sheet (BDS) contains information and provisions that are specific to a
particular bidding process. The Employer must specify in the BDS only the information that
the ITB request be specified in the BDS. All information shall be provided; no clause shall
be left blank.

To facilitate the preparation of the BDS, its clauses are numbered with the same numbers as
the corresponding ITB clause.
Option B: Section II. Bid Data Sheet BDS-1

Bid Data Sheet

A. General
ITB 1.1 The number of the Invitation for Bids is: [insert number of the Invitation
for Bids]
ITB 1.1 The Employer is: [insert name of the Employer]
ITB 1.1 The name, identification and number of the lot(s) (contract(s)) comprising
this ICB are: [insert number and identification of lot(s) (contract(s))]
ITB 2.1 The Borrower is: [insert name of the Borrower]
ITB 2.1 The number of the Loan Agreement is: [insert Loan Agreement number]
The amount of a Japanese ODA Loan is: [insert amount in Japanese Yen]
The signed date of the Loan Agreement is: [insert signed date of the Loan
Agreement]
ITB 2.1 The name of the Project is: [insert name of the Project]
ITB 2.2 The applicable Guidelines for Procurement under Japanese ODA Loans are
those published in [insert one of the following: April 2012, March 2009, or
October 1999].
ITB 3.1(c) A list of debarred firms and individuals is available at the World Bank’s
website: www.worldbank.org/debarr
ITB 4.5 This bidding [select “is” or “is not”, as appropriate] subject to
prequalification.
B. Bidding Documents
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city codes]
Facsimile number: [insert facsimile number, including country and city
codes]
Electronic mail address: [insert email address, if applicable]
ITB 7.1 Responses to any request for clarification, if any, [select “will” or “will
not”, as appropriate] be published on the Employer’s web page.

[Insert the Employer’s web page if responses to requests for clarifications

will be published on the Employer’s web page, otherwise omit.]
BDS-2 Option B: Section II. Bid Data Sheet

ITB 7.4 A Pre-bid meeting [insert “will” or “will not”, as appropriate] take place
at the following date, time and place:
[If a pre-bid meeting will take place, insert the date, time and place
information in the spaces provided below. Otherwise insert “Not
Applicable” in the spaces provided below for the date, time and place]
Date:
Time:
Place:
A site visit conducted by the Employer [insert “will be” or “will not be”,
as appropriate] organized.
ITB 8.2 Addenda, if any, [select “will” or “will not”, as appropriate] be published
on the Employer’s web page.
C. Preparation of Bids
ITB 10.1 The language of the Bid is: [Insert one of the following: Japanese, English,
Spanish or French.]
ITB 11.2 (h) The Bidder shall submit with its Technical Bid the following additional
documents:
[List any additional document not already listed in ITB 11.2 that must be
submitted with the Technical Bid.]
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional
documents:
[List any additional document not already listed in ITB 11.3 that must be
submitted with the Price Bid.]
ITB 13.1 [The following provision should be included and the required
corresponding information inserted only if alternative Bids will be
considered. Otherwise delete this BDS 13.1.]

Alternative Bids [insert “shall be”] permitted.

ITB 13.2 Alternative times for completion [insert “will be” or “will not be”, as
appropriate] permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III, Evaluation and Qualification Criteria.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [List the parts of the works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III, Evaluation and Qualification Criteria.
ITB 14.5 [Price adjustment is mandatory for contracts with longer duration than 18
months or when local or foreign inflation is expected to be high. The
following provision should be included and the required corresponding
Option B: Section II. Bid Data Sheet BDS-3

information inserted only if the prices quoted by the Bidder are not subject
to price adjustment. Otherwise delete this BDS 14.5.]

The prices quoted by the Bidder shall be: [insert “fixed; consequently, the
Bidder is not required to furnish the indices and weightings for the price
adjustment formulae in the Schedule of Adjustment Data”]
ITB 14.7 [The following provision should be included and the corresponding
information inserted only if duties, taxes and other levies will be exempted,
reimbursed, or paid by the Employer on behalf of the Contractor.
Otherwise delete this BDS 14.7.]
Duties, taxes and other levies indicated below shall be [choose one of the
following: “exempted”, reimbursed, “paid by the Employer on behalf of
the Contractor”, as appropriate.]:
[List duties, taxes and other levies.]
ITB 15.1 The currency(ies) of the Bid shall be as described below:
The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply from
within the Employer’s country, in [insert the name of the currency of
the Employer’s country], the name of the currency of the Employer’s
country, and further referred to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside the Employer’s country (referred to as “the foreign currency
requirements”), in [insert Japanese Yen and/or other international
trading currency or currencies].
ITB 18.1 The Bid validity period shall be [insert a number of days] days.
[This period should be realistic, allowing sufficient time to evaluate the
Bids, bearing in mind the complexity of the Works and the time required
for obtaining references, clarifications, clearances, and approvals
(including JICA’s concurrence) and for notification of the award.
Normally the validity period should not exceed 120 days.]
ITB 18.3 (a) The Bid Price shall be adjusted by the following factor: [insert factor for
adjustment]
[The local currency portion of the Contract price shall be adjusted by a
factor reflecting local inflation during the period of extension, and the
foreign currency portion of the Contract price shall be adjusted by a factor
reflecting the international inflation (in the country of the foreign
currency) during the period of extension.]
ITB 18.3 (b) The fixed portion of the Bid Price shall be adjusted by the following factor:
[insert factor for adjustment]
[The local currency portion of the fixed portion of the Contract price shall
be adjusted by a factor reflecting local inflation during the period of
BDS-4 Option B: Section II. Bid Data Sheet

extension, and the foreign currency portion of the fixed portion of the
Contract price shall be adjusted by a factor reflecting the international
inflation (in the country of the foreign currency) during the period of
extension.]
ITB 19.1 The amount and currency of the Bid Security shall be [Insert amount and
currency of the Bid Security. The amount should be approximately 2% of
the estimated cost of the contract.]
ITB 19.2 (d) Other types of acceptable securities: [Insert names of other acceptable
securities. Insert “None” if no other forms of bid securities besides those
listed in ITB 19.2 (a) through (c) are acceptable.]
ITB 20.1 In addition to the original of the Bid, the number of copies is: [Insert
number of copies.]
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: [Insert the name and description of the documentation
required to demonstrate the authority of the signatory to sign the Bid.]
D. Submission and Opening of Bids
ITB 22.1 For Bid submission purposes only, the Employer’s address is :
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]

The deadline for Bid submission is:

Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]

ITB 25.1 The opening of the Technical Bid shall take place at:
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City : [insert name of city or town]
Country: [insert name of country]
Date: [insert day, month, and year]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]

E. Evaluation, and Comparison of Bids

ITB 34.1 The currency that shall be used for Bid evaluation and comparison
Option B: Section II. Bid Data Sheet BDS-5

purposes to convert all Bid Prices expressed in various currencies into a

single currency is: [insert Japanese Yen or another single currency]
The source of exchange rate shall be: [Insert name of the source of
exchange rates (e.g., the Central Bank in the Employer’s Country).]
The date for the exchange rate shall be: [Insert day, month and year, e.g.
15 June, 2008, the date not earlier than 30 days prior to, nor later than,
the date of Bid opening specified in ITB 25.1.]
The Employer will convert the amounts in various currencies in which the
Bid Price, corrected pursuant to ITB 33, is payable (excluding Provisional
Sums but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and on the date stipulated above.
ITB 35.1 [Insert the following only if the Employer intends to execute any specific
elements of the Works by subcontractors selected in advance (nominated
subcontractors). Otherwise delete this BDS 35.1.]
At this time the Employer intends to execute certain specific parts of the
Works by subcontractors selected in advance. [List the specific parts of the
Works and the respective nominated subcontractors.]
Section III. Evaluation and Qualification Criteria (following prequalification)

Section III. Evaluation and Qualification

Criteria
(Following Prequalification)

Notes on Evaluation and Qualification Criteria

This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify
Bidders. In accordance with ITB 30 and ITB 36, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section IV,
Bidding Forms.
Section III. Evaluation and Qualification Criteria (following prequalification) EQC-1

Evaluation and Qualification Criteria

(Following Prequalification)

1. Evaluation

1.1 Evaluation of Technical Bids

1.1.1 Assessment of adequacy of Technical Proposal with Requirements

[Evaluation of the Bidder’s Technical Proposal will include an assessment of the
Bidder’s technical capacity to mobilize key equipment and personnel for the contract
consistent with its proposal regarding work methods, scheduling, and material
sourcing in sufficient detail and fully in accordance with the requirements stipulated
in Section VI, Works Requirements.]

1.1.2 Personnel

The Bidder must demonstrate that it has the personnel for the key positions that meet
the following requirements:
Total Work Experience in
No. Position Experience Similar Works
(years) (years)
1 Project Manager
2 e.g. Chief Engineer(s)1
3 e.g. Health & Safety (Accident Prevention)2
Officer
4
5
Notes for the Employer:
1 Chief Engineer(s) or Section Manager(s) who is(are) responsible for the major activities
should be evaluated.
2 The personnel for the key position include an accident prevention officer, as appropriate.

Alternative candidates for key positions should not be evaluated.

Insert requirements for multiple contracts, if necessary.

The Bidder shall provide details of the proposed personnel and their experience
records in Form PER-1 and Form PER-2 in Section IV, Bidding Forms.

1.1.3 Equipment

The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
EQC-2 Section III. Evaluation and Qualification Criteria (following prequalification)

4
5

Notes for the Employer:

The items listed shall be limited to major items of equipment that are crucial to the
proper and timely execution of the contract, and items that Bidders may not readily
be able to purchase, hire, or lease in the required time frame.

Insert requirements for multiple contracts, if necessary.

The Bidder shall provide further details of proposed items of equipment using Form
EQU in Section IV, Bidding Forms.

1.2 Evaluation of Price Bids

In addition to the criteria listed in ITB 36.2 (a) – (d) the following criteria shall apply:

1.2.1 Quantifiable Nonmaterial Nonconformities and Omissions

[The evaluated cost of quantifiable nonconformities are determined as follows:
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or
omissions shall be evaluated. The Employer will make its own assessment of the cost
of any nonmaterial nonconformities and omissions for the purpose of ensuring fair
comparison of Bids, except for the omissions stated in ITB 14.2 which shall be treated
in accordance with said clause.]

1.2.2 Award Criteria for Multiple Contracts (ITB 36.4):

[Insert the following text in case of multiple contracts, as necessary. Otherwise delete
this EQC clause.
“Lots/Packages:
Bidders have the option to bid for any one or more lots/packages. Bids will be
evaluated lot/package-wise, taking into account discounts offered, if any, for combined
lots/packages. The contract(s) will be awarded to the Bidder or Bidders offering the
lowest evaluated cost to the Employer for combined lots/packages, subject to the
selected Bidder(s) meeting the required qualification criteria for lot or combination of
lots/packages as the case may be.”]
1.3 Alternative Completion Times, if permitted under ITB 13.2, will be evaluated as
follows:
…………………………………………………………………………………………
………………………………………………………………………............................

1.4 Alternative Technical Solutions for Specified Parts, if permitted under ITB 13.4, will
be evaluated as follows:
…………………………………………………………………………………………
………………………………………………………………………............................
Section III. Evaluation and Qualification Criteria (following prequalification) EQC-3

2. Qualification

(i) Exchange Rate for Qualification Criteria

Wherever a Form in Section IV, Bidding Forms, requires a Bidder to state a monetary amount, Bidders should indicate the
USD equivalent using the rate of exchange determined as follows:
(a) For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the
respective calendar year.
(b) Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in BDS 34.1 or, in case such rates are not
available in the source identified above, any other publicly available source acceptable to the Employer. Any error in
determining the exchange rates may be corrected by the Employer.

(ii) Qualification Criteria for Multiple Contracts: [Insert the following text in case of Multiple Contracts. Otherwise delete
this EQC clause.
“The criteria for qualification is the aggregate minimum requirement, or any other reasonable requirements set forth by the
Employer, for respective lots as specified under Sub-Factors 2.2 (i) and (ii) below.”]

2.1 Update of Information

The Bidder shall continue to meet the criteria used at the time of prequalification regarding Eligibility, Historical Contract Non
Performance and Financial Situation.
EQC-4 Section III. Evaluation and Qualification Criteria (following prequalification)

2.2 Financial Resources

Qualification Criteria Compliance Requirements Documentation
Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined
2.2 Financial (i) The Bidder shall demonstrate Must meet Must meet Must meet Must meet Form FIR – 1
Resources that it has access to, or has requirement requirement [insert [insert
available, liquid assets, 2 3
unencumbered real assets, lines of number] % of number] %
credit, and other financial means the of the
(independent of any contractual requirement requirement
advance payment) sufficient to
meet the construction cash flow
requirements estimated as 1
USD
[insert amount in USD] for the
subject contract(s) net of the
Bidders other commitments.

[insert requirements for multiple

contracts, if necessary]
(ii) The Bidders shall also Must meet Must meet N/A N/A Form FIR – 1
demonstrate, to the satisfaction of requirement requirement and FIR – 2
the Employer, that it has adequate
sources of finance to meet the
cash flow requirements on works
currently in progress and for future
contract commitments.

[insert requirements for multiple

contracts, if necessary]
Notes for the Employer
1. Indicate the construction cash flow requirement for a number of months, determined as the total time needed by the Employer to pay a contractor’s
invoice, allowing for (a) the actual time consumed for construction, from the beginning of the month invoiced, (b) the time needed by the Engineer to issue
the monthly payment certificate, (c) the time needed by the Employer to pay the amount certified, and (d) a contingency period of one month to allow for
unforeseen delays. The total period should not exceed six (6) months. The assessment of the monthly amount should be based on a straight-line
projection of the estimated cash flow requirement over the particular contract period, neglecting the effect of any advance payment and retention monies,
but including contingency allowances in the estimated contract cost.

2. Usually not less than 25% of the requirement for each member of a JV.
3. Usually not less than 40% of the requirement for one member of a JV.
Section III. Evaluation and Qualification Criteria (without prequalification)

Section III. Evaluation and Qualification

Criteria
(Without Prequalification)

Notes on Evaluation and Qualification Criteria

This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify
Bidders. In accordance with ITB 30 and ITB 36, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section IV,
Bidding Forms.

The Notes for the Bidders contained in this Section III should be included in the actual Bidding
Documents issued by the Employer.
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-1

Evaluation and Qualification Criteria

(Without Prequalification)

1. Evaluation

1.1 Evaluation of Technical Bids

1.1.1 Assessment of adequacy of Technical Proposal with Requirements

[Evaluation of the Bidder’s Technical Proposal will include an assessment of the
Bidder’s technical capacity to mobilize key equipment and personnel for the contract
consistent with its proposal regarding work methods, scheduling, and material
sourcing in sufficient detail and fully in accordance with the requirements stipulated
in Section VI, Works Requirements.]

1.1.2 Personnel

The Bidder must demonstrate that it has the personnel for the key positions that meet
the following requirements:
Total Work Experience in
No. Position Experience Similar Works
(years) (years)
1 Project Manager
2 e.g. Chief Engineer(s)1
3 e.g. Health & Safety (Accident Prevention)2
Officer
4
5
Notes for the Employer:
1 Chief Engineer(s) or Section Manager(s) who is(are) responsible for the major activities
should be evaluated.
2 The personnel for the key position include an accident prevention officer, as appropriate.

Alternative candidates for key positions should not be evaluated.

Insert requirements for multiple contracts, if necessary.

The Bidder shall provide details of the proposed personnel and their experience
records in Form PER-1 and Form PER-2 in Section IV, Bidding Forms.

1.1.3 Equipment

The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
EQC-2 Section III. Evaluation and Qualification Criteria (without prequalification)

4
5

Notes for the Employer:

The items listed shall be limited to major items of equipment that are crucial to the
proper and timely execution of the contract, and items that Bidders may not readily
be able to purchase, hire, or lease in the required time frame.

Insert requirements for multiple contracts, if necessary.

The Bidder shall provide further details of proposed items of equipment using Form
EQU in Section IV, Bidding Forms.

1.2 Evaluation of Price Bids

In addition to the criteria listed in ITB 36.2 (a) – (d) the following criteria shall apply:

1.2.1 Quantifiable Nonmaterial Nonconformities and Omissions

[The evaluated cost of quantifiable nonconformities are determined as follows:
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or
omissions shall be evaluated. The Employer will make its own assessment of the cost
of any nonmaterial nonconformities and omissions for the purpose of ensuring fair
comparison of Bids, except for the omissions stated in ITB 14.2 which shall be treated
in accordance with said clause.]

1.2.2 Award Criteria for Multiple Contracts (ITB 36.4):

[Insert the following text in case of multiple contracts, as necessary. Otherwise delete
this EQC clause.
“Lots/Packages:
Bidders have the option to bid for any one or more lots/packages. Bids will be
evaluated lot/package-wise, taking into account discounts offered, if any, for combined
lots/packages. The contract(s) will be awarded to the Bidder or Bidders offering the
lowest evaluated cost to the Employer for combined lots/packages, subject to the
selected Bidder(s) meeting the required qualification criteria for lot or combination of
lots/packages as the case may be.”]

1.3 Alternative Completion Times, if permitted under ITB 13.2, will be evaluated as
follows:
…………………………………………………………………………………………
………………………………………………………………………............................

1.4 Alternative Technical Solutions for Specified Parts, if permitted under ITB 13.4, will
be evaluated as follows:
…………………………………………………………………………………………
………………………………………………………………………............................
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-3

2. Qualification

(i) Exchange Rate for Qualification Criteria

Wherever a Form in Section IV, Bidding Forms, requires a Bidder to state a monetary amount, Bidders should indicate the
USD equivalent using the rate of exchange determined as follows:
(a) For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the
respective calendar year.
(b) Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in BDS 34.1 or, in case such rates are not
available in the source identified above, any other publicly available source acceptable to the Employer. Any error in
determining the exchange rates may be corrected by the Employer.

(ii) Qualification Criteria for Multiple Contracts: [Insert the following text in case of Multiple Contracts. Otherwise delete
this EQC clause.
“The criteria for qualification is the aggregate minimum requirement, or any other reasonable requirements set forth by
the Employer, for respective lots as specified under Sub-Factors 2.3.2, 2.4.2(a), 2.4.2(b), 2.5.1(i), 2.5.1(ii) below.”]

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.1. Eligibility
2.1.1 Nationality Nationality in accordance with ITB Must meet N/A Must meet N/A Forms ELI – 1
4.3 requirement requirement and 2, with
attachments
2.1.2 Conflict of No conflicts of interest in ITB 4.2 Must meet N/A Must meet N/A Letter of Bid
Interest requirement requirement
2.1.3 JICA Ineligibility Not having been declared ineligible Must meet N/A Must meet N/A Letter of Bid
by JICA, as described in ITB 4.4 requirement requirement Form ACK
EQC-4 Section III. Evaluation and Qualification Criteria (without prequalification)

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.2. Historical Contract Non-Performance

2.2.1 History of Non- (i) Must meet N/A Must meet N/A Form CON
Non-performance of a contract
Performing (ii) (ii)
did not occur as a result of requirement requirement
Contracts st
contractor’s default since 1
1
January [insert year].
2.2.2 Pending All pending litigation shall in total Must meet N/A Must meet N/A Form CON
Litigation not represent more than [insert (ii) (ii)
requirement requirement
2
percentage figure] % of the
Bidder’s net worth and shall be
treated as resolved against the
Bidder.
2.2.3 Litigation History No consistent history of Must meet N/A Must meet N/A Form CON
3 (ii) (ii)
court/arbitral award decisions requirement requirement
(iii) st
against the Bidder since 1
4
January [insert year].
Notes for the Bidder
(i) Non-performance, as decided by the Employer, shall include all contracts
(a) where non-performance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective
contract, and
(b) that were so challenged but fully settled against the contractor.
Non-performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance 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.
(ii) This requirement also applies to contracts executed by the Bidder as a JV member.
(iii) The Bidder shall provide accurate information on the related Bidding Form about any litigation or arbitration resulting from contracts completed or
ongoing under its execution over the last five (5) years. A consistent history of awards against the Bidder or any member of a joint venture may result
in failure of the Bid.
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-5

Notes for the Employer

1. Year should usually be one (1) or two (2) years prior to the Bid submission deadline.
2. The percentage should be normally within the range of 50% to 100% of a Bidder’s net worth.
3. The criterion for rejection should be that of numerous arbitral awards or court decisions against the Bidder, taking the number and amount of contracts
executed. As an indicative example, the occurrence of one (1) or two (2) adverse cases over five (5) years for a Contractor handling, on average, ten (10)
construction jobs simultaneously, should not be a cause for rejection. If dispute resolution is found relatively frequently in the business of the Bidder, it
may indicate an attitude of the management of the firm that could be dangerous for the Employer if the Bidder were awarded the contract, and further
investigation with previous Employers may be warranted.
4. Year should usually be five (5) years prior to the Bid submission deadline.
EQC-6 Section III. Evaluation and Qualification Criteria (without prequalification)

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.3. Financial Situation

2.3.1 Financial The audited balance sheets or, if Must meet N/A Must meet N/A Form FIN –1 with
Performance not required by the laws of the requirement requirement attachments
Bidder’s country, other financial
statements acceptable to the
Employer, for the last [insert
1
number of years] years shall be
submitted and must demonstrate
the current soundness of the
Bidder’s financial position and
indicate its prospective long-term
profitability.
As the minimum requirement, a
Bidder’s net worth calculated as
the difference between total assets
and total liabilities should be
2
positive.

2.3.2 Average Annual Minimum average annual Must meet Must meet Must meet Must meet Form FIN – 2
Construction construction turnover of USD requirement requirement [insert [insert
Turnover 3 6 7
[insert amount in USD] , number] % of number] %
calculated as total certified the of the
payments received for contracts in requirement requirement
progress and/ or completed, within
4
the last [insert number] years,
5
divided by [insert number] years.

[insert requirements for multiple

contracts, if necessary.]
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-7

Notes for the Employer

1. Time period usually specified is five (5) years; it may be reduced to three (3) years minimum (in agreement with JICA) under special country
circumstances, such as to provide opportunity for a newly privatized construction industry with limited period of existence, but with suitable experience, etc.
Firms owned by individuals and partnerships may not be required to maintain audited balance sheets by the laws of their countries of origin; in such cases,
the Employer may relax the audit requirement, but should request other acceptable financial statements.

2. The financial information provided by a Bidder should be reviewed in its entirety to allow a truly informed judgment, and the pass-fail decision on the
financial position of the Bidder should be given on this basis. Any abnormal features which may lead to financial problems should alert the Employer to
seek expert professional advice for further review and interpretation.

3. The amount stated should normally not be less than twice the estimated annual turnover in the proposed Works contract (based on a straight-line
projection of the Employer’s estimated cost, including contingencies, over the contract duration). The multiplier of 2 may be reduced for very large
contracts but should not be less than 1.5.

4. The time period is normally five (5) years or more, but may be reduced to not less than three (3) years (in agreement with JICA) under special country
circumstances, such as to provide opportunities for a newly privatized construction industry with only a short record of experience, etc.

5. Same number of years as in 4. above.

6. Usually not less than 25% of the requirement for each member of a JV.

7. Usually not less than 40% of the requirement for one member of a JV.
EQC-8 Section III. Evaluation and Qualification Criteria (without prequalification)

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.4. Experience
2.4.1 General Experience under construction Must meet N/A Must meet N/A Form EXP – 1
Construction contracts in the role of prime requirement requirement
Experience contractor (single entity or JV
member), subcontractor, or
(i)
management contractor for at
least the last [insert number]
1 st
years , starting 1 January [insert
year].
2.4.2 Specific A minimum number of [insert Must meet Must meet N/A N/A Form EXP – 2 (a)
(a) Construction 2 (ii) requirement (v)
number of contracts] similar requirement
Experience contracts that have been
(iii)
satisfactorily and substantially
completed as a prime contractor
(iv)
(single entity or JV member)
3
between 1st January [insert year]
and Bid submission deadline.

[insert requirements for multiple

contracts, if necessary.]

2.4.2 For the above or other contracts Must meet Must meet N/A N/A Form EXP – 2 (b)
(b) completed and under requirement requirement
implementation as prime contractor (can be a (can be a
(single entity or JV member), specialist specialist
management contractor or subcontractor) subcontractor)
(vi) st
subcontractor between 1
4
January [insert year] and Bid
submission deadline, a minimum
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-9

construction experience in the

following key activities successfully
(vii)
completed [list activities
indicating volume, number or rate
(viii) 5
of production as applicable.]

[insert requirements for multiple

contracts, if necessary.]
Notes for the Bidder
(i) A management contractor is a firm which takes on the role of contract management as a “general” contractor of sort could do. It does not normally
perform directly the construction work(s) associated with the contract. Rather, it manages the work of other (sub) contractors while bearing full
responsibility and risk for price, quality, and timely performance of the work contract.
(ii) The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VI, Works
Requirements. Summation of number of small value contracts (less than the value specified under requirement) to meet the overall requirement will
not be accepted.
(iii) Substantial completion shall be based on 80% or more of the works completed under the contract.
(iv) For contracts under which the Bidder participated as a JV member, only the Bidder’s share, by value, shall be considered to meet this requirement.
(v) In case of a 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. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all
members, each of value equal or more than the minimum value required, shall be aggregated.
(vi) For contracts under which the Bidder participated as a JV member or subcontractor, only the Bidder’s share, by value, shall be considered to meet
this requirement.
(vii) 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. The rate of production shall be the annual production rate for the key construction activity (or activities). For the rate of production, either the
average during the entire period or in any one or more years during the period should be specified.
(viii) The minimum experience requirement for multiple contracts will be the sum of the minimum requirements for respective individual contracts.

Notes for the Employer

1. The time period is normally five (5) years or more, but may be reduced to not less than three (3) years (in agreement with JICA) under special country
circumstances, such as to provide opportunities for a newly privatized construction industry with only a short record of experience.
2. The range of contract numbers should be one (1) to three (3), depending on the size, value, nature and complexity of the subject contract, the exposure
EQC-10 Section III. Evaluation and Qualification Criteria (without prequalification)

of the Employer to risk of contractor default, country conditions and history of similar works constructed in the past.
3. The time range is normally five (5) years, and may be extended up to a period of ten (10) years for large-scale projects.
4. Same as that stipulated in Sub-Factor 2.4.2 (a) above.
3
5. List the monthly or annual production rate for the key construction activity (or activities) in the proposed contract or works, e.g., “one million m of rock
3
placed in rockfill dams in one year; X tons of asphalt concrete per month place in road paving; Y m of concrete place in … etc.” The rates should be a
percentage (say about 80 percent) of the estimated production rate of the key activity (or activities) in the contract or Works as needed to meet the
expected construction schedule with due allowance for adverse climatic condition.
Section III. Evaluation and Qualification Criteria (without prequalification) EQC-11

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture
(existing or intended) Submission
No. Factor Requirement Single Entity
All Parties Requirements
Each Member One Member
Combined

2.5. Financial Resources

2.5.1 Financial (i) The Bidder shall demonstrate Must meet Must meet Must meet Must meet Form FIR – 1
Resources that it has access to, or has requirement requirement [insert [insert
available, liquid assets, 2 3
number] % of number] %
unencumbered real assets, lines of the of the
credit, and other financial means requirement requirement
(independent of any contractual
advance payment) sufficient to
meet the construction cash flow
requirements estimated as USD
1
[insert amount in USD] for the
subject contract(s) net of the
Bidders other commitments.

[insert requirements for multiple

contracts, if necessary]
(ii) The Bidders shall also Must meet Must meet N/A N/A Form FIR – 1
demonstrate, to the satisfaction of requirement requirement and FIR – 2
the Employer, that it has adequate
sources of finance to meet the
cash flow requirements on works
currently in progress and for future
contract commitments.

[insert requirements for multiple

contracts, if necessary]
Notes for the Employer

1. Indicate the construction cash flow requirement for a number of months, determined as the total time needed by the Employer to pay a contractor’s
invoice, allowing for (a) the actual time consumed for construction, from the beginning of the month invoiced, (b) the time needed by the Engineer to issue
the monthly payment certificate, (c) the time needed by the Employer to pay the amount certified, and (d) a contingency period of one month to allow for
EQC-12 Section III. Evaluation and Qualification Criteria (without prequalification)

unforeseen delays. The total period should not exceed six (6) months. The assessment of the monthly amount should be based on a straight-line
projection of the estimated cash flow requirement over the particular contract period, neglecting the effect of any advance payment and retention monies,
but including contingency allowances in the estimated contract cost.

2. Usually not less than 25% of the requirement for each member of a JV.
3. Usually not less than 40% of the requirement for one member of a JV.
Section IV. Bidding Forms

Section IV. Bidding Forms

Notes on Bidding Forms

The Employer shall include in the Bidding Documents all Bidding Forms that the Bidder
shall fill out and include in its Bid. As specified in this section, these forms are the Letter of
Bid and relevant Schedules, the Bid Security, the Bill of Quantities, the Technical Proposal
Form, and the Bidder’s Qualification Information Forms.
Section IV. Bidding Forms BF-1

Table of Forms

<Option A: One-Envelope Bidding>

Letter of Bid............................................................................................................................. 3

<Option B: Two-Envelope Bidding>

Letter of Technical Bid ........................................................................................................... 5

Letter of Price Bid ................................................................................................................... 7

Schedule of Adjustment Data ................................................................................................ 9

Bill of Quantities ................................................................................................................... 11

Bill No. 1: General Items .............................................................................................. 16
Bill No. 2: Earthworks ................................................................................................... 17
Bill No. 3: Culverts and Bridges ................................................................................... 18
Schedule of Daywork Rates: 1. Labour ......................................................................... 22
Schedule of Daywork Rates: 2. Materials ..................................................................... 23
Schedule of Daywork Rates: 3. Contractor’s Equipment .............................................. 24
Daywork Summary......................................................................................................... 25
Summary of Specified Provisional Sums ....................................................................... 26
Grand Summary ............................................................................................................. 27

Technical Proposal ................................................................................................................ 28

Site Organization ............................................................................................................ 29
Method Statement........................................................................................................... 30
Mobilization Schedule .................................................................................................... 31
Construction Schedule .................................................................................................... 32
Safety Plan ...................................................................................................................... 33
Form PER -1: Proposed Personnel ................................................................................. 34
Form PER -2: Resume of Proposed Personnel ............................................................... 35
Form EQU: Equipment .................................................................................................. 37

Bidders Qualification ............................................................................................................ 38

Form ELI -1: Bidder Information Form ......................................................................... 39
Form ELI -2: Bidder's Party Information Form ............................................................. 40
Form CON: Historical Contract Non-Performance ........................................................ 41
Form FIN -1: Financial Situation ................................................................................... 44
Form FIN -2: Average Annual Construction Turnover .................................................. 46
Form FIR -1: Financial Resources ................................................................................. 47
Form FIR -2: Current Contract Commitments ............................................................... 48
Form EXP -1: General Construction Experience ........................................................... 49
BF-2 Section IV. Bidding Forms

Form EXP -2(a): Specific Construction Experience ...................................................... 50

Form EXP -2(b): Construction Experience in Key Activities ........................................ 52

Form ACK Acknowledgement of Compliance with Guidelines for Procurement

under Japanese ODA Loans .....................................................................................54

Form of Bid Security .............................................................................................................56

Section IV. Bidding Forms BF-3

<Option A: One-Envelope Bidding>

Letter of Bid

Date: [insert date of Bid submission]

Loan Agreement No.: [insert No of Loan]
IFB No.: [insert number]
Alternative No.: [insert identification No. if
this is a Bid for an alternative]

To: [insert full name of 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). [Insert the number
and issuing date of each addendum];

(b) We, including subcontractors meet the eligibility requirements in accordance with ITB 4
and ITB 5.

(c) We, including subcontractors have no conflict of interest in accordance with ITB 4;

(d) We offer to execute in conformity with the Bidding Documents the following Works:
[insert a brief description of the Works];

(e) The total price of our Bid, excluding any discounts offered in item (f) below is:
In case of only one lot, total price of the Bid [insert the total price of the Bid in words
and figures, indicating the various amounts and the respective currencies]

[In case of multiple lots, insert the total price of each lot]
[In case of multiple lots, insert the total price of all lots (sum of all lots)];

(f) The discounts offered and the methodology for their application are:

The discounts offered are: [specify in detail each discount offered.]

The exact method of calculations to determine the net price after application of discounts
is shown below: [specify in detail the method that shall be used to apply the discounts.] ;

(g) Our Bid shall be valid for a period of [specify the number of calendar days] days from
the date fixed for the Bid submission deadline in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period;
BF-4 Section IV. Bidding Forms

(h) If our Bid is accepted, we commit to obtain a Performance Security in accordance with
the Bidding Documents;

(i) We are not participating, as a Bidder or as a subcontractor, in more than one Bid in this
bidding process in accordance with ITB 4.2(c), other than alternative Bids submitted in
accordance with ITB 13;

(j) We understand that this Bid, together with your written acceptance thereof included in
your Letter of Acceptance, shall constitute a binding contract between us, until a formal
contract is prepared and executed;

(k) We understand that you are not bound to accept the lowest evaluated Bid or any other
bid that you may receive; and

(l) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption.

Name of the Bidder*[insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and capacity
are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Section IV. Bidding Forms BF-5

<Option B: Two-Envelope Bidding>

Letter of Technical Bid

Date: [insert date of Bid submission]

Loan Agreement No.: [insert No of Loan]
IFB No.: [insert number]
Alternative No.: [insert identification No. if
this is a Bid for an alternative]

To: [insert full name of 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). [Insert the number
and issuing date of each addendum];

(b) We, including subcontractors meet the eligibility requirements in accordance with ITB 4
and ITB 5;

(c) We, including subcontractors have no conflict of interest in accordance with ITB 4;

(d) We offer to execute in conformity with the Bidding Documents the following Works:
[insert a brief description of the Works];

(e) Our Bid shall be valid for a period of [specify the number of calendar days] days from
the date fixed for the Bid submission deadline in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period;

(f) We are not participating, as a Bidder or as a subcontractor, in more than one Bid in this
bidding process in accordance with ITB 4.2(c), other than alternative Bids submitted in
accordance with ITB 13; and

(g) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption.

Name of the Bidder*[insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]
BF-6 Section IV. Bidding Forms

Signature of the person named above [insert signature of person whose name and capacity
are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Section IV. Bidding Forms BF-7

<Option B: Two-Envelope Bidding>

Letter of Price Bid

Date: [insert date of Bid submission]

Loan Agreement No.: [insert No of Loan]
IFB No.: [insert number]
Alternative No.: [insert identification No. if
this is a Bid for an alternative]

To: [insert full name of 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). [Insert the number
and issuing date of each addendum];

(b) We offer to execute in conformity with the Bidding Documents and Technical Bid the
following Works: [insert a brief description of the Works];

(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
In case of only one lot, total price of the Bid [insert the total price of the Bid in words
and figures, indicating the various amounts and the respective currencies]

[In case of multiple lots, insert the total price of each lot]
[In case of multiple lots, insert the total price of all lots (sum of all lots)];

(d) The discounts offered and the methodology for their application are:

The discounts offered are: [specify in detail each discount offered.]

The exact method of calculations to determine the net price after application of discounts
is shown below: [specify in detail the method that shall be used to apply the discounts.] ;

(e) Our Bid shall be valid for a period of [specify the number of calendar days] days from
the date fixed for the Bid submission deadline in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period;

(f) If our Bid is accepted, we commit to obtain a Performance Security in accordance with
the Bidding Documents;
BF-8 Section IV. Bidding Forms

(g) We understand that this Bid, together with your written acceptance thereof included in
your Letter of Acceptance, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and

(h) We understand that you are not bound to accept the lowest evaluated Bid or any other
Bid that you may receive.

Name of the Bidder*[insert complete name of person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder**[insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person whose name and capacity
are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid.
Section IV. Bidding Forms BF-9

Schedule of Adjustment Data

Table A. Local Currency

[In this Table A, the Employer shall indicate the necessary information in columns (a), (b),
(c) and (d), and shall also provide a fixed value in A and a range of values in B, C, D and E
of column (f). For very large and/or complex works contracts, it may be necessary to specify
several families of price adjustment formulae for the different works involved and to prepare
the corresponding adjustment tables.]

(a) (b) (c) (d) (e) (f)

Index Index Source of Base value Bidder’s Bidder’s
code description index and date related proposed
currency weighting
amount
Nonadjustable — — — A:
B:
C:
D:
E:
Total 1.00

The Bidder shall fill in column (e) and specify a value within the ranges given by the
Employer in B, C, D and E of column (f), so that the total weighting equals 1.00.
BF-10 Section IV. Bidding Forms

Table B. Foreign Currency (FC)

[In this Table B, the Employer shall indicate the necessary information in columns (a) and
(b), and shall also provide a fixed value in A and a range of values in B, C, D and E of
column (g). For very large and/or complex works contracts, it may be necessary to specify
several families of price adjustment formulae for the different works involved and to prepare
the corresponding adjustment tables.]

Currency: __________[Insert name of currency; if the Bidder wishes to quote in more than
one foreign currency then this table should be repeated for each foreign currency.]

(a) (b) (c) (d) (e) (f) (g)

Index Index Source of Base Bidder’s Equivalent Bidder’s
code description index value and related in FC for proposed
date source payment weighting
currency in
type/amount
Nonadjustable — — —
A:
B:
C:
D:
E:
Total 1.00

The Bidder shall indicate the type of currency and columns (c), (d), (e) and (f), and specify a
value within the ranges given by the Employer in B, C, D and E of column (g), so that the
total weighting equals 1.00.
Section IV. Bidding Forms BF-11

Bill of Quantities

Notes for Preparing a Bill of Quantities

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
content of the Bill of Quantities should be as simple and brief as possible.

Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Daywork Schedule; and
(d) Summary.

Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the
methods of measurement that have been adopted in the preparation of the Bill of Quantities
and that are to be used for the measurement of any part of the Works.

Rock
Where excavation, boring, or driving is included in the Works, a comprehensive definition of
rock (always a contentious topic in contract administration), if not given in the Technical
Specification, should be given in the Preamble, and this definition should be used for the
purposes of measurement and payment.

Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between
those parts of the Works that by nature, location, access, timing, or any other special
characteristics may give rise to different methods of construction, phasing of the Works, or
considerations of cost. General items common to all parts of the Works may be grouped as a
separate section in the Bill of Quantities. When a family of Price Adjustment Formulae is
used, they should relate to appropriate sections in the Bill of Quantities.
BF-12 Section IV. Bidding Forms

Quantities
Quantities should be computed net from the Drawings, unless directed otherwise in the
Contract, and no allowance should be made for bulking, shrinkage, or waste. Quantities
should be rounded up or down where appropriate and spurious accuracy should be avoided.

Units of Measurement
The following units of measurement and abbreviations are recommended for use (unless
other national units are mandatory in the country of the Employer).
Unit Abbreviation Unit Abbreviation
cubic meter m3 or cu m millimeter mm
hectare ha month mon
hour h number nr
kilogram kg square meter m2 or sq m
lump sum sum square millimeter mm2 or sq mm
meter m week wk
metric ton t
(1,000 kg)

Ground and Excavation Levels

The commencing surface should be identified in the description of each item for work
involving excavation, boring, or driving, for which the commencing surface is not also the
original surface. The excavated surface should be identified in the description of each item
for work involving excavation for which the excavated surface is not also the final surface.
The depths of work should be measured from the commencing surface to the excavated
surface, as defined.

Daywork Schedule
A Daywork Schedule should be included if the probability of unforeseen work, outside the
items included in the Bill of Quantities, is relatively high. To facilitate checking by the
Employer of the realism of rates quoted by the Bidders, the Daywork Schedule should
normally comprise:
(a) a list of the various classes of labour, materials, and Contractor’s Equipment for which
basic Daywork rates or prices are to be inserted by the Bidder, together with a statement
of the conditions under which the Contractor will be paid for work executed on a
Daywork basis; and
(b) a percentage to be entered by the Bidder against each basic Daywork Subtotal amount
for labour, materials, and Plant representing the Contractor’s profit, overheads,
supervision, and other charges.

Provisional Quantities and Sums

Provision for contingencies shall be made by giving Provisional Sums in the Bill of
Quantities and not by increasing the quantities beyond those of the work expected to be
required. Provisional Sums for specific contingencies shall be given in the general items of
the Bill of Quantities. A Provisional Sum for a general contingency allowance, if required,
shall be given in the Grand Summary. The inclusion of such Provisional Sums often
Section IV. Bidding Forms BF-13

facilitates budgetary approval by avoiding the need to request periodic supplementary

approvals as the future need arises.
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by a Nominated Subcontractor (reference Clause 59 or Part I) should be specified in the
relevant part of the Bill of Quantities as a particular Provisional Sum with an appropriate
brief description. A separate bidding procedure is normally carried out by the Employer to
select the specialists, who are then nominated as subcontractors to the main or prime
contractor. To provide an element of competition among the main Bidders (or prime
contractors) in respect of any facilities, amenities, attendance, etc., to be provided by the
successful Bidder as prime contractor for the use and convenience of the specialist or
nominated subcontractor, each related Provisional Sum should be following by an item in the
Bill of Quantities inviting a percentage (to be quoted by the main Bidder) payable on the
actual expenditure from the Provisional Sum.

Line Items to Address Social Clauses

The Employer shall decide, on a case-by-case basis, whether the cost to comply with the
requirements of the so called “social clauses” (Sub-Clauses 6.1 through 6.24 of the General
Conditions), to the level and extent specified in the Specification, is to be considered by the
Bidder as part of its overhead or reflected as a cost associated with one or more line items in
the Bill of Quantities addressing such requirements. As a general rule, such cost should be
part of the Bidder's overhead unless the cost to comply with the requirements of some or all
of the “social clauses” represents a large component of the Works, as specified by the
Specification. If line items are included, then the prices shall not be lump sums in order to
have the facilities measured and paid through monthly installments to make the supervisor
able to control the implementation of the facilities and services to be provided to the workers
–and their families, when necessary- on the site.
Following are some examples illustrating when the cost to comply with the social clauses
could be included by the Contractor as part of the overhead and when under line items. In
regard to HIV-AIDS Prevention, addressed under Sub-Clause 6.7, Health and Safety, in
some countries the government has public programs for HIV/AIDS and the contractor will
only need to create a support basis which cost can and should be included in its overhead.
Additionally, in many civil works contracts (like in urban areas), workers do not live in the
construction site but at their homes and the issue could be addressed in a different manner.
In cases of civil works in remote locations where the cost of such support is of a higher
value, then it should be an item in the Bill of Quantities (e.g. Bill No 1).

Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities
carried forward, with provisional sums for Daywork, for physical (quantity) contingencies,
and for price contingencies (upward price adjustment) where applicable.
These Notes for Preparing a Bill of Quantities are intended only as information for the
Employer or the person drafting the Bidding Documents. They should not be included in the
final documents.
BF-14 Section IV. Bidding Forms

Sample Bill of Quantities

A. Preamble
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
General and Special Conditions of Contract, Technical Specifications, and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Engineer (accepted by the
Contractor) and valued at the rates and prices bid in the priced Bill of Quantities, where
applicable, and otherwise at such rates and prices as the Engineer may fix within the terms of
the Contract.

3. The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is
otherwise provided under the Contract, include all Constructional Plant, labour, supervision,
materials, erection, maintenance, insurance, profit, taxes, and duties, together with all general
risks, liabilities, and obligations set out or implied in the Contract.

4. A rate or price shall be entered against each item in the priced Bill of Quantities,
whether quantities are stated or not. The cost of Items against which the Contractor has
failed to enter a rate or price shall be deemed to be covered by other rates and prices entered
in the Bill of Quantities.

5. The whole cost of complying with the provisions of the Contract shall be included in
the Items provided in the priced Bill of Quantities, and where no Items are provided, the cost
shall be deemed to be distributed among the rates and prices entered for the related Items of
Work.

6. General directions and descriptions of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities.

7. The Employer shall indicate in the Summary of Provisional Sums an amount equivalent
to one-half of the Employer’s estimate of the cost of the Dispute Board (DB) for payments to
the Contractor of the Employer’s share of the payments to the DB member(s).
Contractor’s overhead, profit, etc., shall not be included in the provisional sums for the cost
of the DB.

8. Provisional Sums included and so designated in the Bill of Quantities shall be

expended in whole or in part at the direction and discretion of the Engineer, except for the
provisional sum for the cost of the DB, which requires no prior instruction of the engineer, in
accordance with Sub-Clause 13.5 and Clause 13.6 of the General Conditions.
Section IV. Bidding Forms BF-15

9. The method of measurement of completed work for payment shall be in accordance

with [insert the name of a standard reference guide, or full details of the methods to be
used].1

10. Any arithmetical errors in computation or summation will be corrected by the

Employer as follows:
(a) where there is a discrepancy between amounts in figures and in words, the
amount in words will govern; and
(b) where there is a discrepancy between the unit rate and the total amount derived
from the multiplication of the unit price and the quantity, the unit rate as quoted
will govern, unless in the opinion of the Employer, there is an obviously gross
misplacement of the decimal point in the unit price, in which event the total
amount as quoted will govern and the unit rate will be corrected.

11. Rock is defined as all materials that, in the opinion of the Engineer, require blasting, or
the use of metal wedges and sledgehammers, or the use of compressed air drilling for their
removal, and that cannot be extracted by ripping with a tractor of at least 150 brake hp with a
single, rear-mounted, heavy-duty ripper.

B. Work Items
1. The Bill of Quantities usually contains the following part Bills, which have been
grouped according to the nature or timing of the work:

Bill No. 1—General Items;

Bill No. 2—Earthworks;
Bill No. 3—Culverts and Bridges;
Bill No. 4—etc., as required;
Daywork Schedule; and
Summary Bill of Quantities.

2. Bidders shall price the Bill of Quantities in the currency or currencies specified in the
Instructions to Bidders.

1
The method of measurement should be spelled out precisely in the Preamble to the Bill of Quantities,
describing for example the allowances (if any) for timbering in excavation, etc. Many national standard
reference guides have been prepared on the subject, and one such guide is the Standard Method of
Measurement of the U.K. Institution of Civil Engineers.
BF-16 Section IV. Bidding Forms

Bill No. 1: General Items

Item Description Unit Quantity Rate Amount

no. Local Foreign Local Foreign
101 Performance Bond/ sum item — —
Security
102 Insurance of the Works sum item — —
103 Insurance of sum item — —
Contractor’s Equipment
104 Third-Party Insurance sum item — —
105 Allow for maintenance month 12
of Works for 12 months
after completion
106 Provide safety measures month 24
107 —etc.—
112 Provide and equip nr 2
Engineer’s offices
113 —etc.—
121 Provide diversion road sum item —
122 Provide for traffic month 24 —
control and maintenance
of diversion road
123 —etc.—
132 Provide for cleaning up sum item —
the Site on completion

—etc.—

Total for Bill No. 1

____ ____
(carried forward to Summary, p. )
Section IV. Bidding Forms BF-17

Bill No. 2: Earthworks

Item Description Unit Quantity Rate Amount

no. Local Foreign Local Foreign
201 Excavate topsoil to m3 95,000
maximum depth 25 cm
and stockpile for reuse,
maximum haul distance
1 km
202 Excavate topsoil to m3 15,000
maximum depth 25–50
cm, and dispose
203 —etc.—
206 Excavate fill material m3 258,000
from cuttings or
approved borrow pits,
haul up to 1 km, deposit,
shape, and compact to
fill
207 Excavate rock in m3 25,000
cuttings and dispose, any
depth
208 —etc.—

Total for Bill No. 2

____ ____
(carried forward to Summary, p. )
BF-18 Section IV. Bidding Forms

Bill No. 3: Culverts and Bridges

Item Description Unit Quantity Rate Amount

no. Local Foreign Local Foreign
301 Excavate in all materials m3 18,500
other than rock from
ground level to
underside of
foundations, maximum
depth 5 m, and dispose
302 Excavate in all materials m3 2,500
other than rock, depth 5
m to 7.5 m
303 Provisional Item m3 500
As Item 302, depth 7.5
m to 10 m
304 —etc.—
311 Concrete class B in m3 18,500
abutments
312 —etc.—
318 Mild steel reinforcement t 370
in abutments and piers
up to 20 mm diameter
319 —etc.—

Total for Bill No. 3

____ ____
(carried forward to Summary, p. )
Section IV. Bidding Forms BF-19

C. Daywork Schedule 2
General

1. Reference should be made to Sub-Clause 13.6 of the General Conditions. Work shall
not be executed on a daywork basis except by written order of the Engineer. Bidders shall
enter basic rates for daywork items in the Schedules, which rates shall apply to any quantity
of daywork ordered by the Engineer. Nominal quantities have been indicated against each
item of daywork, and the extended total for Daywork shall be carried forward as a
Provisional Sum to the Summary Total Bid Amount. Unless otherwise adjusted, payments
for daywork shall be subject to price adjustment in accordance with the provisions in the
Conditions of Contract. The basic rates applied to daywork items will be stated and payable
in local currency only.

Daywork Labour

2. In calculating payments due to the Contractor for the execution of daywork, the hours
for labour will be reckoned from the time of arrival of the labour at the job site to execute the
particular item of daywork to the time of return to the original place of departure, but
excluding meal breaks and rest periods. Only the time of classes of labour directly doing
work ordered by the Engineer and for which they are competent to perform will be
measured. The time of gangers (charge hands) actually doing work with the gangs will also
be measured but not the time of foremen or other supervisory personnel.

3. The Contractor shall be entitled to payment in respect of the total time that labour is
employed on daywork, calculated at the basic rates entered by him in the Schedule of
Daywork Rates: 1. Labour, together with an additional percentage payment on basic rates
representing the Contractor’s profit, overheads, etc.,3 as described below:

2
(i) A “Daywork Schedule” is commonly found in contracts where the likely incidence of unforeseen work
cannot be covered by definitive descriptions and approximate quantities in the Bill of Quantities. The
preferred alternative is to value the additional work in accordance with Sub-Clauses 13.1 and 13.2 of the
Conditions of Contract. A Daywork Schedule normally has the disadvantage of not being competitive
among Bidders, who may therefore load the rates assigned to some or all the items. If a Daywork
Schedule is to be included at all in the Bidding Documents, it is preferable to include nominal quantities
against the items most likely to be used, and to carry the sum of the extended amounts forward into the
Bid Summary in order to make the basic Schedule of Daywork Rates competitive.
(ii) The total amount assigned to such competitive daywork is normally 3–5 percent of the estimated base
Contract Price and is regarded as a Provisional Sum for contingencies to be expended under the direction
and at the discretion of the Engineer. A limitation on quantity should not apply, and the unit rate quoted
should be invariable whatever quantities of work are ordered.
3
This method of indicating profit and overheads separately facilitates the addition of further items of daywork,
if needed, the basic costs of which can then be checked more easily. An alternative is to make Daywork rates
all-inclusive of the Contractor’s overhead and profit, etc., in which case this paragraph and the relevant
Daywork Schedule should be modified accordingly.
BF-20 Section IV. Bidding Forms

(a) The basic rates for labour shall cover all direct costs to the Contractor, including
(but not limited to) the amount of wages paid to such labour, transportation time,
overtime, subsistence allowances, and any sums paid to or on behalf of such
labour for social benefits in accordance with [country of Borrower] law.

(b) The additional percentage payment to be quoted by the Bidder and applied to
costs incurred under (a) above shall be deemed to cover the Contractor’s profit,
overheads, superintendence, liabilities, and insurances and allowances to labour,
timekeeping, and clerical and office work, the use of consumable stores, water,
lighting, and power; the use and repair of stagings, scaffolding, workshops, and
stores, portable power tools, manual plant, and tools; supervision by the
Contractor’s staff, foremen, and other supervisory personnel; and charges
incidental to the foregoing.

Daywork Materials

4. The Contractor shall be entitled to payment in respect of materials used for daywork
(except for materials for which the cost is included in the percentage addition to labour costs
as detailed heretofore), at the basic rates entered by him in the Schedule of Daywork Rates:
2. Materials, together with an additional percentage payment on the basic rates to cover
overhead charges and profit, as follows:

(a) the basic rates for materials shall be calculated on the basis of the invoiced price,
freight, insurance, handling expenses, damage, losses, etc., and shall provide for
delivery to store for stockpiling at the Site.

(b) the additional percentage payment shall be quoted by the Bidder and applied to
the equivalent local currency payments made under (a) above. The basic rates
will be payable in local currency only.

(c) the cost of hauling materials for use on work ordered to be carried out as daywork
from the store or stockpile on the Site to the place where it is to be used will be
paid in accordance with the terms for Labour and Construction in this schedule.

Daywork Contractor’s Equipment

5. The Contractor shall be entitled to payments in respect of Contractor’s Equipment

already on Site and employed on daywork at the basic rental rates entered by him in the
Schedule of Daywork Rates: 3. Contractor’s Equipment. Said rates shall be deemed to
include due and complete allowance for depreciation, interest, indemnity, and insurance,
repairs, maintenance, supplies, fuel, lubricants, and other consumables, and all overhead,
profit, and administrative costs related to the use of such equipment.4 The cost of drivers,

4
This is an example of wording to include overhead and profit, etc., in the daywork rates. A separate
percentage addition could be used as for labour and materials.
Section IV. Bidding Forms BF-21

operators, and assistants will be paid for separately as described under the section on
Daywork Labour.5

6. In calculating the payment due to the Contractor for Contractor’s Equipment employed
on daywork, only the actual number of working hours will be eligible for payment, except
that where applicable and agreed with the Engineer, the travelling time from the part of the
Site where the Contractor’s Equipment was located when ordered by the Engineer to be
employed on daywork and the time for return journey thereto shall be included for payment.

5
An alternative, sometimes adopted for administrative convenience, is to include the cost of drivers, operators,
and assistants in the basic rates for Contractor’s Equipment. The last sentence of paragraph 5 should then be
modified accordingly.
BF-22 Section IV. Bidding Forms

Schedule of Daywork Rates: 1. Labour

Item Description Unit Nominal Rate Extended

No. quantity amount
Local Local
D100 Ganger hour 500
D101 Labourer hour 5,000
D102 Bricklayer hour 500
D103 Mason hour 500
D104 Carpenter hour 500
D105 Steelwork Erector hour 500
D106 —etc.— hour
D113 Driver for vehicle up to 10 hour 1,000
tons
D114 Operator for excavator, hour 500
dragline, shovel, or crane
D115 Operator for tractor with hour 500
dozer blade or ripper
D116 —etc.— hour

Subtotal
a
D122 Allow percent of Subtotal for Contractor’s
overhead, profit, etc., in accordance with
paragraph 3 (b) above.

Total Daywork for Labour

(carried forward to Daywork summary, p.___ ) -----

a. To be entered by the Bidder.

Section IV. Bidding Forms BF-23

Schedule of Daywork Rates: 2. Materials

Item Description Unit Nominal Rate Extended

No. quantity amount
Local Local
D201 Cement, ordinary Portland, or t 200
equivalent in bags
D202 Mild steel reinforcing bar up to t 100
16 mm diameter to BS 4449 or
equivalent
D203 Fine aggregate for concrete as m3 1,000
specified in Clause
D204 —etc.—
D222 Gelignite (Nobel Special t 10
Gelatine 60%, or equivalent)
including caps, fuse, wire, and
requisite accessories

Subtotal
D122 Allow percenta of Subtotal for Contractor’s
overhead, profit, etc., in accordance with
paragraph 3 (b) above.

Total Daywork: Materials

(carried forward to Daywork Summary, p.___ ) ------

a. To be entered by the Bidder.

BF-24 Section IV. Bidding Forms

Schedule of Daywork Rates: 3. Contractor’s Equipment

Item Description Nominal Rate Extended

No. quantity amount
(hours) Local Local
D301 Excavator, face shovel, or dragline:
.1 Up to and including 1 m3 500
.2 Over 1 m3 to 2 m3 400
.3 Over 2 m3 100
D302 Tractor, including bull or angle
dozer:
.1 Up to and including 150 kW 500
.2 Over 150 kW to 200 kW 400
.3 Over 200 kW to 250 kW 200
D303 Tractor with ripper:
.1 Up to and including 200 kW 400
.2 Over 200 kW to 250 kW 200
D304 —etc.—

Total for Daywork: Contractor’s Equipment

(carried forward to Daywork Summary, p. ____ ) ------
Section IV. Bidding Forms BF-25

Daywork Summary

Amount
Description
Local
1. Total for Daywork: Labour
2. Total for Daywork: Materials
3. Total for Daywork: Contractor’s Equipment
Total for Daywork (Provisional Sum)
(carried forward to Bid Summary, p. ) ---------
BF-26 Section IV. Bidding Forms

Summary of Specified Provisional Sums

Bill Item Description Amount

No. No. Local Foreign
1

2 2.8 Supply and install equipment in pumping station 1,250,000 1,250

4 4.32 Provide for ventilation system in subway tunnel 3,500,000 3,500

etc.
Cost of DB*

Total for Specified Provisional Sums 4,750,000 4,750

(carried forward to Grand Summary (B), p. )
Provisional Sums included and so designated in the Bill of Quantities shall be expended in whole or in part at
the direction of the Engineer, except for the provisional sum for the cost of the DB, which requires no prior
instruction of the Engineer, in accordance with Sub-Clause 13.5 and Clause 13.6 of the General Conditions.

[*One-half of the Employer’s cost estimate of the Disputes Board shall be included in the Provisional Sums.
Contractor’s overheads and profits shall not be included in this amount.]
Section IV. Bidding Forms BF-27

Grand Summary

Contract Name:

Contract No.:

General Summary Page Amount

Local Foreign
Bill No. 1: Preliminary Items
Bill No. 2: Earthworks
Bill No. 3: Drainage Structures
—etc.—

Subtotal of Bills (A)

Total for Daywork (Provisional Sum) (B)
Specified Provisional Sums (C) 4,750,000a 4,750a
Total of Bills Plus Provisional Sums (A + B + C) (D)
Add Provisional Sum for Contingency Allowance (E) [sum]a [sum]a
Bid Price (D + E) (Carried forward to Form of Bid) (F)

a. To be entered by the Employer.

BF-28 Section IV. Bidding Forms

Technical Proposal

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- Safety Plan

- Personnel

- Equipment

- [Others]
Section IV. Bidding Forms BF-29

Site Organization

[Insert Organization Information]

BF-30 Section IV. Bidding Forms

Method Statement

[Insert Method of Statement]

Section IV. Bidding Forms BF-31

Mobilization Schedule

[Insert Mobilization Schedule]

BF-32 Section IV. Bidding Forms

Construction Schedule

[Insert Construction Schedule]

Section IV. Bidding Forms BF-33

Safety Plan

[Insert Safety Plan]

BF-34 Section IV. Bidding Forms

Form PER -1: Proposed Personnel

[insert day, month, year]
Bidder’s Legal Name: [insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[The Bidder shall provide the names of suitably qualified personnel to meet the specified
requirements stated in Section III, Evaluation and Qualification Criteria, Clause 1.1.2. ]

1. Title of position*

Name

2. Title of position*

Name

3. Title of position*

Name

4. Title of position*

Name

*As listed in Section III.

Section IV. Bidding Forms BF-35

Form PER -2: Resume of Proposed Personnel

[insert day, month, year]
Bidder’s Legal Name: [insert full name]
Joint Venture Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[The Bidder shall provide the data on the experience of the personnel indicated in Form
PER-1, in the form below:]

Name of Bidder

Position

Personnel Name Date of birth

information

Professional qualifications

Present Name of employer

employment

Address of employer

Telephone Contact (manager / personnel

officer)

Fax E-mail

Job title Years with present employer

BF-36 Section IV. Bidding Forms

[Summarize professional experience over the last 20 years, 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 IV. Bidding Forms BF-37

Form EQU: Equipment

[insert day, month, year]
Bidder’s Legal Name: [insert full name]
Joint Venture Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III, Evaluation and
Qualification Criteria, Clause 1.1.3. 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
BF-38 Section IV. Bidding Forms

Bidders Qualification

[The Employer must choose Option I below if prequalification was carried out prior to the
bidding process, or Option II if Bidder’s qualification will be assessed at the bidding stage.]

[Option I: Following Prequalification]

1. In accordance with Section III, Evaluation and Qualification Criteria, Clause 2.1, the Bidder
shall update the information given during the corresponding prequalification exercise to
demonstrate that he continues to meet the criteria used at the time of prequalification using
the following forms:

Form ELI -1, Bidder Information Form

Form ELI -2, Bidder’s Party Information Form
Form CON, Historical Contract Non-Performance
Form FIN -1, Financial Situation
Form FIN -2, Average Annual Construction Turnover

2. In addition to updating the information submitted at the time of Prequalification, Bidders

shall also provide information on their financial resources, to meet the requirement in Section
III, Evaluation and Qualification Criteria, Sub-Factor 2.2, using the following forms:

Form FIR -1, Financial Resources

Form FIR -2, Current Contract Commitments

[Option II: Without Prequalification]

To establish its qualifications to perform the contract in accordance with Section III, Evaluation
and Qualification Criteria, the Bidder shall provide the information requested in the
corresponding Forms included hereunder:

Form ELI -1, Bidder Information Form

Form ELI -2, Bidder’s Party Information Form
Form CON, Historical Contract Non-Performance
Form FIN -1, Financial Situation
Form FIN -2, Average Annual Construction Turnover
Form EXP -1, General Construction Experience
Form EXP -2(a), Specific Construction Experience
Form EXP -2(b), Construction Experience in Key Activities
Form FIR -1, Financial Resources
Form FIR -2, Current Contract Commitments
Section IV. Bidding Forms BF-39

Form ELI -1: Bidder Information Form

Date: [insert day, month, year]
IFB No.: [insert number]
Page [insert page number] of [insert total number] pages

[Bidders shall provide the following information:]

Bidder's legal name
[insert full name]
In case of a JV, legal name of the representative member and of each member:
[insert full name of each member in the JV and specify the representative member.]
Bidder's actual or intended country of registration:
[insert country of registration]
Bidder's actual or intended year of incorporation:
[insert year of incorporation]
Bidder's legal address in country of registration:
[insert street/ number/ town or city/ country]
Bidder's authorized representative information
Name: [insert full name]
Address: [inset street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [insert E-mail address]
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.3.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
BF-40 Section IV. Bidding Forms

Form ELI -2: Bidder's Party Information Form

Date: [insert day, month, year]
IFB No.: [insert number]
Page [insert page number] of [insert total number] pages

[The following form is additional to Form ELI-1, and shall be completed to provide
information relating to each JV member (in case the Bidder is a JV) as well as any
specialist subcontractor proposed to be used by the Bidder for any part of the Contract
resulting from this process.]

Bidder’s legal name:

[insert full name]
Bidder's Party legal name:
[insert full name of Bidder’s party]
Bidder's Party country of registration:
[insert country of registration]
Bidder’s Party year of incorporation:
[insert year of incorporation]
Bidder’s Party legal address in country of registration:
[insert street/ number/ town or city/ country]
Bidder’s Party authorized representative information
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [insert E-mail address]
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.3.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
Section IV. Bidding Forms BF-41

Form CON: Historical Contract Non-Performance

Date: [insert day, month, year]
Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] pages

[The following table shall be filled in for the Bidder and for each member of a JV]

1. History of Non-Performing Contracts

Non-Performing Contracts
 Contract non-performance did not occur since 1st January [insert year], in accordance with the
Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2.1, as
appropriate.
 Contract(s) not performed since 1st January [insert year], in accordance with the
Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2.1,
as appropriate, is(are) indicated below:
Year Non- performed portion Contract Identification Total Contract
of contract Amount (current
value, currency,
exchange rate
and USD
equivalent)
[insert [insert amount and Contract Identification: [insert complete [insert amount]
year] percentage] contract name, number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Reason(s) for non performance: [indicate
main reason(s)]
BF-42 Section IV. Bidding Forms

2. Pending Litigation

Pending Litigation
 No pending litigation in accordance with the Prequalification criteria or Section III, Evaluation
and Qualification Criteria, Sub-Factor 2.2.2, as appropriate.
 Pending litigation in accordance with the Prequalification criteria or Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.2.2, as appropriate, is indicated below:
Year of Amount in dispute Outcome Contract Identification Total Contract
dispute (currency) as Amount (current
Percentage value, currency,
of Net exchange rate and
Worth USD equivalent)
[insert [insert amount] [insert Contract Identification: [insert amount]
year] percentage] [indicate complete contract
name, number, and any other
identification]
Name of Employer: [insert
full name]
Address of Employer: [insert
street/ city/ country]
Matter in dispute: [indicate
main issues in dispute]
Status of dispute: [Indicate if
it is being treated by the
Adjudicator, under
Arbitration or being dealt
with by the Judiciary]
Section IV. Bidding Forms BF-43

3. Litigation History

Litigation History
 No court/arbitral award decisions against the Bidder since 1st January [insert year], in
accordance with the Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.2.3, as appropriate.
 Court/ arbitral award decisions against the Bidder since 1st January [insert year], in accordance
with the Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2.3,
as appropriate, are indicated below:
Year of Contract Identification Total Contract
award Amount (current
value, currency,
exchange rate and
USD equivalent)
[insert year] Contract Identification: [indicate complete contract name, [insert amount]
number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Matter in dispute: [indicate main issues in dispute]
Party who initiated the dispute: [indicate “Employer” or
“Contractor”]
Status of dispute: [Indicate if it is being treated by the
Adjudicator, under Arbitration or being dealt with by the
Judiciary]
BF-44 Section IV. Bidding Forms

Form FIN -1: Financial Situation

[The following table shall be filled in for the Bidder and for each member of a JV.]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

1. Financial data

Type of Financial information Historic information for previous [insert number] years
in (amount in currency, currency, exchange rate, USD
(currency) equivalent)

Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Profits After Taxes (PAT)

Section IV. Bidding Forms BF-45

2. Financial documents

The Bidder and its parties shall provide copies of the financial statements for [number of years]
years pursuant the Prequalification criteria or Section III, Evaluation and Qualification Criteria
Sub-Factor 2.3.1, as appropriate. The financial statements shall:

(a) reflect the financial situation of the Bidder or in case of JV, of each member, and not of
an affiliated entity (such as parent company or group member).

(b) be independently audited or certified in accordance with local legislation.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited.

 Attached are copies of financial statements* for the [number of years] years required above;
and complying with the requirements.

* If the most recent set of financial statements is for a period earlier than 12 months from the
date of bid, the reason for this should be justified.
BF-46 Section IV. Bidding Forms

Form FIN -2: Average Annual Construction Turnover

[The following table shall be filled in for the Bidder and for each member of a JV]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

Annual Turnover Data (Construction only)

Year Amount and Currency Exchange rate USD equivalent
[indicate [insert amount and indicate [insert applicable [insert amount in USD
year] currency] exchange rate] equivalent]

Average Annual Construction Turnover *

* Total USD equivalent for all years divided by the total number of years, in accordance with
the Prequalification criteria or Section III, Evaluation and Qualification Criteria, Sub-Factor
2.3.2, as appropriate.
Section IV. Bidding Forms BF-47

Form FIR -1: Financial Resources

[The following table shall be filled in for the Bidder and for each member of a JV]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[Specify proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet the
total construction cash flow demands of the subject contract or contracts as specified in
Section III, Evaluation and Qualification Criteria, Sub-Factor 2.2 (Following
Prequalification), or Sub-Factor 2.5.1 (Without Prequalification), as appropriate.]

Financial Resources
No. Source of financing Amount (USD equivalent)
1

3
 BF-48 Section IV. Bidding Forms

Form FIR -2: Current Contract Commitments

[The following table shall be filled in for the Bidder and for each member of a JV]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[Bidders and each member to a JV 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 accordance with Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.2 (Following Prequalification), or Sub-Factor 2.5.1
(Without Prequalification), as appropriate.]

Current Contract Commitments

Value of Average Monthly

Estimated
Employer’sContact Outstanding Invoicing Over Last
No. Name of Contract Completion
Address, Tel, Fax Work[Current Six Months
Date
USD Equivalent] [USD/month)]

5
Section IV. Bidding Forms BF-49

Form EXP -1: General Construction Experience

[The following table shall be filled in for the Bidder and for each member of a JV]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Evaluation and Qualification Criteria (Without
Prequalification), Sub-Factor 2.4.1. List contracts chronologically, according to their
commencement (starting) dates.]

General Construction Experience

Starting Ending Contract Identification Role of
Year Year Bidder

[indicate [indicate Contract name: [insert full name] [insert "Prime

year] year] Brief description of the Works performed by the Contractor (single
Bidder: [describe Works performed briefly] entity or JV
Amount of contract: [insert amount in currency, member)” or
mention currency used, exchange rate and USD "Subcontractor”
equivalent] or "Management
Name of Employer: [indicate full name] Contractor”]
Address: [indicate street/number/town or
city/country]
BF-50 Section IV. Bidding Forms

Form EXP -2(a): Specific Construction Experience

[The following table shall be filled in for the Bidder and for each member of a JV]

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
IFB No. [insert number]
Page [insert page number] of [insert total number] page

[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria (Without Prequalification), Sub-Factor 2.4.2(a).]
Contract of Similar Size and Nature

Similar Contract No.

[insert number] of [insert number of Information
similar contracts required]

Contract Identification [insert contract name and reference identification number,

if applicable]
Award Date [insert day, month, year, e.g., 15 June, 2015]

Completion Date [insert day, month, year, e.g., 03 October, 2017]

Prime Contractor
Role in Contract
[check the appropriate box] Single entity JV member
 

Total Contract Amount [insert total contract amount USD [insert exchange rate
and currency(ies)] and total contract amount in
USD equivalent]

If member in a JV, specify [insert a [insert total USD[insert exchange rate

participation in total Contract percentage contract and total contract amount in
amount amount] amount and USD equivalent]
currency(ies)]

Employer's Name: [insert full name]

Address: [indicate street / number / town or city / country]

Telephone/fax number [insert telephone/fax numbers, including country and

city area codes]
E-mail: [insert E-mail address, if available]
Section IV. Bidding Forms BF-51

Similar Contract No.

[insert number] of [insert number of Information
similar contracts required]
Description of the similarity in
accordance with Sub-Factor
2.4.2(a) of Section III:
1. Physical size of required works [insert physical size of items]
items
2. Complexity [insert description of complexity]
3. Methods/Technology [insert specific aspects of the methods/ technology
involved in the contract]
4. Other Characteristics [insert other characteristics as described in Section
VI, Works Requirements]
BF-52 Section IV. Bidding Forms

Form EXP -2(b): Construction Experience in Key Activities

Date: [insert day, month, year]

Bidder’s Legal Name: [insert full name]
Bidder’s Party Legal Name:[insert full name]
Subcontractor’s Legal Name [insert full name]
IFB No.: [insert number]
Page [insert page number] of [insert total number] pages

[Fill out one (1) form per contract, in accordance with Section III, Evaluation and
Qualification Criteria (Without Prequalification), Sub-Factor 2.4.2(b).]

1. Key Activity No (1): ______: [insert brief description of the Activity, emphasizing
its specificity]
Total Quantity of Activity under the contract: _____________________________________
Contract with Similar Key Activities
Item Information
Contract Identification [insert contract name and number, if applicable]
Award Date [insert day, month, year, e.g., 15 June, 2015]
Completion Date [insert day, month, year, e.g., 03 October, 2017]
Role in Contract
Prime Contractor Management
Subcontractor
[check the appropriate box] Single entity JV member Contractor

  

Total Contract Amount USD [insert

[insert total contract Exchange rate and total
amount and currency(ies)] contract amount in USD
equivalent]
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)
[Insert extent of participation
indicating actual quantity of key
activity successfully completed in the
role performed]
Year 1
Year 2
Year 3
Year 4
Section IV. Bidding Forms BF-53

Employer’s Name: [insert full name]

Address: [indicate street / number / town or city / country]

Telephone/fax number [insert telephone/fax numbers, including country and

city area codes]
E-mail: [insert E-mail address, if available]

2. Activity No. (2) _____

3. Activity No. (3) _____
BF-54 Section IV. Bidding Forms

Form ACK
Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loans
A) I, [insert name and position of authorized signatory], being duly authorized by [insert
name of Bidder/members of joint venture (“JV”)] (hereinafter referred to as the “Bidder”) to
execute this Acknowledgement of Compliance with Guidelines for Procurement under
Japanese ODA Loans, hereby certify on behalf of the Bidder and myself that all information
provided in the Bid submitted by the Bidder for [insert Loan No and name of the Project] is
true, correct and accurate to the best of the Bidder’s and my knowledge and belief. I further
certify, on behalf of the Bidder, that:

(i) the Bid has been prepared and submitted in full compliance with the terms and
conditions set forth in the Guidelines for Procurement under Japanese ODA Loans
(hereinafter referred to as the “Guidelines”); and

(ii) the Bidder has not, directly or indirectly, taken any action which is or constitutes a
corrupt, fraudulent, collusive or coercive act or practice in violation of the Guidelines
and is not subject to any conflict of interest as stipulated in the relevant section of the
Guidelines.

<If debarment for more than one year by the World Bank Group is NOT imposed, use the following
sentence B).>
B) I certify that the Bidder has NOT been debarred by the World Bank Group for more
than one year since the date of issuance of Invitation for Bids.1

<If debarment for more than one year by the World Bank Group has been imposed BUT three (3) years
have passed since the date of such debarment decision, use the following sentence B’).>
B’) I certify that the Bidder has been debarred by the World Bank Group for a period more
than one year BUT that on the date of issuance of Invitation for Bids at least three (3)
years had passed since the date of such debarment decision. Details of the debarment
are as follows:
name of the debarred starting date of ending date of reason for debarment
firm debarment debarment

C) I certify that the Bidder will not enter into a subcontract with a firm which has been
debarred by the World Bank Group for a period more than one year, unless on the date
of the subcontract at least three (3) years have passed since the date of such debarment
decision.

1
The starting date should be revised to “request for price quotation,” if the Borrower is selected through
the International Shopping”; to "appointment", if a contractor is selected through the Direct Contracting;
or “Commencement of actual selection/bidding process”, if the Borrower wishes to adopt procurement
procedures other than ICB, Limited International Shopping, International Shopping, or Direct Contracting.
Section IV. Bidding Forms BF-55

D) I certify, on behalf of the Bidder, that if selected to undertake services in connection with
the Contract, the Bidder shall carry out such services in continuing compliance with the
terms and conditions of the Guidelines.

E) I further certify, on behalf of the Bidder, that if the Bidder is requested, directly or
indirectly, to engage in any corrupt or fraudulent action under any applicable law, such
as the payment of a rebate, at any time during a process of public procurement,
negotiations, execution or implementation of contract (including amendment thereof),
the Bidder shall report all relevant facts regarding such request to the relevant section in
JICA (details of which are specified below) in a timely manner.

JICA’s information desk on fraud and corruption (A report can be made to either of
the offices identified below.)
(1) JICA Headquarters: Legal Affairs Division, General Affairs Department
URL: https://www2.jica.go.jp/en/odainfo/index.php
Tel: +81 (0)3 5226 8850

(2) JICA XX office

Tel:

The Bidder acknowledges and agrees that the reporting obligation stated above shall
NOT in any way affect the Bidder’s responsibilities, obligations or rights, under relevant
laws, regulations, contracts, guidelines or otherwise, to disclose or report such request or
other information to any other person(s) or to take any other action, required to or
allowed to, be taken by the Bidder. The Bidder further acknowledges and agrees that
JICA is not involved in or responsible for the procurement process in any way.

F) If any of the statements made herein is subsequently proven to be untrue or incorrect

based on facts subsequently determined, or if any of the warranties or covenants made
herein is not complied with, the Bidder will accept, comply with, and not object to any
remedies taken by the Employer and any sanctions imposed by or actions taken by JICA.

_____________________________
Authorized Signatory
[Insert name of signatory; title]

For and on behalf of [Insert name of the Bidder]

Date:
BF-56 Section IV. Bidding Forms

Form of Bid Security

(Bank Guarantee)

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Employer to insert its name and address]

IFB No.: [Employer to insert number of Invitation for Bids]

Date: [Insert date of issue]

BID GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of the Bidder, which in the case of a joint venture
shall be the name of the joint venture (whether legally constituted or prospective) or the
names of all members thereof] (hereinafter called "the Applicant") has submitted or will
submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of [insert
description of contract] under the Loan Agreement No.[insert Loan Agreement Number].

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be

supported by a bid guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in words]
([insert amount in figures]) upon receipt by us of the Beneficiary’s complying demand,
supported by the Beneficiary’s statement, whether in the demand itself or a separate signed
document accompanying or identifying the demand, stating that either the Applicant:

(a) has withdrawn its Bid during the period of bid validity set forth in the
Applicant’s Letter of Bid (“the Bid Validity Period”), or any extension thereto
provided by the Applicant; or

(b) having been notified of the acceptance of its Bid by the Beneficiary during the Bid
Validity Period or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security, in
accordance with the Instructions to Bidders of the Beneficiary’s bidding documents.
Section IV. Bidding Forms BF-57

This guarantee will expire and shall be returned: (a) if the Applicant is the successful Bidder,
upon our receipt of copies of the contract agreement signed by the Applicant and the
Performance Security issued to the Beneficiary in relation to such contract agreement; or (b)
if the Applicant is not the successful Bidder, upon the earlier of (i) our receipt of a copy of
the Beneficiary’s notification to the Applicant of the results of the bidding process; or (ii)
twenty-eight days after the end of the Bid Validity Period.

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.

_____________________________

[signature(s)]

[Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.]
Section V. Eligible Source Countries of Japanese ODA Loans ESC-1

Section V. Eligible Source Countries of

Japanese ODA Loans

[Specify the Eligible Source Countries]

PART 2 –WORKS REQUIREMENTS
Section VI. Works Requirements WR-1

Section VI. Works Requirements

Contents

Scope of Works ........................................................................................................................ 2

Specification............................................................................................................................. 3

Drawings .................................................................................................................................. 6

Supplementary Information .................................................................................................. 7

WR-2 Section VI. Works Requirements

Scope of Works
Section VI. Works Requirements WR-3

Specification

Notes for Preparing Technical Specifications

These Notes for Preparing Technical Specifications are intended only as information for
the Employer or the person drafting the Bidding Documents. They should not be included in
the final documents.
Precise and clear Specifications are a prerequisite for Bidders to respond realistically and
competitively to the requirements of the Employer without qualifying or conditioning their
Bids. In the context of international competitive bidding, the Specifications must be drafted
to permit the widest possible competition and, at the same time, present a clear statement of
the required standards of materials, Plant, other supplies, and workmanship to be provided.
Only if this is done will the objectives of economy, efficiency, and equality in procurement
be realized, responsiveness of Bids be ensured, and the subsequent task of Bid evaluation
facilitated. The Specifications should require that all materials, Plant, and other supplies to
be incorporated in the Works are new, unused, of the most recent or current models, and
incorporate all recent improvements in design and materials unless provided otherwise in the
Contract. A clause setting out the scope of the Works is often included at the beginning of
the Specifications, and it is customary to give a list of the Drawings. Where the Contractor is
responsible for the design of any part of the Permanent Works, the extent of his obligations
must be stated. (See GCC Sub-Clause 4.1 Contractor’s General Obligations.)
Samples of Specifications from previous similar projects in the same country are useful in
this respect. The metric units should be used. Most Specifications are normally written
specially by the Employer or Engineer to suit the contracts for Works in hand. There are no
standard Specifications for universal application in all sectors in all countries, but there are
established principles and practices that are reflected in these documents.
Notwithstanding that these SBD (Works) and the corresponding Conditions of Contract are
recommended only for Civil Works, under which the usual arrangements is that the
Contractor constructs the works in accordance with the design provided by the Employer, the
works may include a few elements of Contractor-designed civil, mechanical, electrical and/or
construction works. However, these SBD (Works) are not recommended for “Design and
Build” contracts when appropriate clauses are required.
There are considerable advantages in standardizing General Specifications for repetitive
Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions prevail.
The General Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in construction, although not necessarily to be used in a
particular Works contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.
Care must be taken in drafting Specifications to ensure that they are not restrictive. In the
WR-4 Section VI. Works Requirements

specification of standards for materials, Plant, other supplies, and workmanship, recognized
international standards should be used as much as possible. Where other particular standards
are used, whether national standards of the Borrower’s country or other standards, the
Specifications should state that materials, Plant, other supplies, and workmanship meeting
other authoritative standards, and which ensure substantially equal performance, as the
standards mentioned, will also be acceptable.
Specific minimum requirements for “social clauses” (common collective name for provisions
under Sub-Clauses 6.1 through 6.24 of the General Conditions), are to be detailed as part of
the Specifications at a level equivalent to the local norms, if they exist and at a level
according to the country’s regulations, or to minimum requirements when no local
regulations exist (see “Line Items to Address Social Clauses” under the Notes for
Preparing a Bill of Quantities, Section IV).
The following clause may be inserted in the Particular Conditions or the Specification:
Sample Clause: Equivalency of Standards and Codes
Wherever reference is made in the Contract to specific standards and codes to be met by the
materials, Plant, and other supplies to be furnished, and work performed or tested, the
provisions of the latest current edition or revision of the relevant standards and codes in
effect shall apply, unless otherwise expressly stated in the Contract. Where such standards
and codes are national, or relate to a particular country or region, other authoritative
standards that ensure substantial equivalence to the standards and codes specified will be
accepted subject to the Engineer’s prior review and written approval. Differences between
the standards specified and the proposed alternative standards must be fully described in
writing by the Contractor and submitted to the Engineer at least 28 days prior to the date
when the Contractor desires the Engineer’s approval. In the event the Engineer determines
that such proposed deviations do not ensure substantially equal performance, the Contractor
shall comply with the standards specified in the documents.
Alternative Technical Proposals
Employers should decide whether technical solutions to specified parts of the Works are to
be permitted. Alternatives are appropriate in cases where obvious (and potentially less
costly) alternatives are possible to the technical solutions specified in the Bidding
Documents for certain elements of the Works, taking into consideration the comparative
specialized advantage of potential Bidders. For example:
• pile foundations (proprietary methods and different material)
• bridge foundations (open well, caissons, piles, etc.)
• columns, beams, decking (reinforced concrete, prestressed concrete, steel, etc.)
• proprietary methods for post-tensioning concrete
• lining of canals
• pipeline materials, coating, jointing
• road surfacing (asphalt, concrete, etc.)
• transmission tower design and erection
Section VI. Works Requirements WR-5

• street lighting
• offshore foundations
• offshore trestle spans
The Employer should provide a description of the selected parts of the Works with
appropriate references to Drawings, Specifications, Bill of Quantities, and Design or
Performance criteria, stating that the alternative solutions shall be at least structurally and
functionally equivalent to the basic design parameters and specifications.
Such alternative solutions shall be accompanied by all information necessary for a complete
evaluation by the Employer, including drawings, design calculations, technical
specifications, breakdown of prices, proposed construction methodology, and other relevant
details. Technical alternatives permitted in this manner shall be considered by the Employer
each on its own merits and independently of whether the Bidder has priced the item as
described in the Employer’s design included with the Bidding Documents.
WR-6 Section VI. Works Requirements

Drawings

Notes on Drawings
It is customary to bind the drawings in a separate volume, which is often larger than other
volumes of the Contract documents. The size will be dictated by the scale of the drawings,
which must not be reduced to the extent that details are rendered illegible.

A simplified map showing the location of the Site in relation to the local geography,
including major roads, posts, airports, and railroads, is helpful.

The construction drawings, even if not fully developed, must show sufficient details to
enable Bidders to understand the type and complexity of the work involved and to price the
Bill of Quantities.
Section VI. Works Requirements WR-7

Supplementary Information
PART 3 – CONDITIONS OF CONTRACT
AND CONTRACT FORMS
 Notes on Conditions of Contract and Contract Forms

The Conditions of Contract comprise two parts:

(a) Standard General Conditions – GC (Section VII of this document), and
(b) Particular Conditions – PC (Section VIII of this document).

The General Conditions of Contract set forth in Part 3, Section VII of these Standard Bidding
Documents for Procurement of Works (version 1.1) published by JICA in October, 2012
(hereinafter referred to as “Standard GC”), are the MDB Harmonized Edition of the
Conditions of Contract for Construction prepared and copyrighted by the International
Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or
FIDIC), FIDIC 2010, all rights reserved. The use of these Standard GC, in all Bidding
Documents/Contracts for construction works financed by Japanese ODA Loans is required,
and they shall be used without any modification. A copy of the Standard GC may be attached
to the Bidding Documents/Contract prepared by the Employer for reference purposes only. If
the General Conditions in the Bidding Documents/Contract prepared by the Employer
contain modifications from the Standard GC, JICA will not consider them valid and the
Standard GC, as defined above, shall apply.

By virtue of a license agreement subscribed between JICA and FIDIC, JICA’s Borrowers
and their implementing agencies are authorized the reproduction and translation of the MDB
Harmonized Edition of FIDIC’s General Conditions of Contract for the exclusive purpose of
preparing Bidding Documents in accordance with these Standard Bidding Documents.
Therefore, Borrowers and their implementing agencies shall abstain from making any use of
the Harmonized Edition of FIDIC’s General Conditions of Contract, distinct from the use
indicated herein.

The Conditions of Contract have been prepared for an ad measurement (unit price or unit
rate) type of contract and cannot be used without major modifications for other types of
contract.

The use of these standard conditions of contract for all civil works will ensure
comprehensiveness of coverage, better balance of rights or obligations between Employer
and Contractor, general acceptability of its provisions, and savings in time and cost for Bid
preparation and review, leading to more economical prices.

Any amendments and additions to the General Conditions, specific to the contract in hand,
should be introduced in the Particular Conditions. A number of such Particular Conditions,
applicable to the above Conditions of Contract, are included in Section VIII.

The Particular Conditions take precedence over the General Conditions—see Sub-Clause
1.5, Priority of Documents, in the General Conditions.
The Particular Conditions (PC) complement the General Conditions (GC) to specify data and
contractual requirements linked to the special circumstances of the country, the Employer,
the Engineer, the sector, the overall project, and the Works. It is good practice to have a list
of tax and custom regulations applicable in the country, to be provided as non-binding
general information, attached to the Bidding Documents.

Part A, the Contract Data of the PC, includes data to complement GC in a manner similar to
the way in which the Bid Data Sheet complements the Instructions to Bidders.

Part B, the Specific Provisions of the PC, consists of a set of provisions prepared by JICA
which shall be used without modification. In addition to the provisions prepared by JICA,
country- or project-specific provisions for PC must also be prepared in each case.

Whoever drafts the PC should be thoroughly familiar with the provisions of the GC and with
any specific requirements of the Contract. Legal advice is recommended when amending
provisions or drafting new ones. Note that the PC provisions take precedence over those
in the GC.

Clause numbers in the PC correspond to those in the GC.

Section VII. General Conditions

Section VII. General Conditions (GC)

[Note to the Employer: The General Conditions of Contract set forth in Part 3, Section VII of
these Standard Bidding Documents for Procurement of Works (version 1.1) published by
JICA in October, 2012 (hereinafter referred to as “Standard GC”), are the MDB
Harmonized Edition of the Conditions of Contract for Construction prepared and
copyrighted by the International Federation of Consulting Engineers (Fédération
Internationale des Ingénieurs-Conseils, or FIDIC), FIDIC 2010, all rights reserved.

A copy of the Standard GC may be attached to the Bidding Documents/Contract prepared by

the Employer for reference purposes only. If the General Conditions in the Bidding
Documents/Contract prepared by the Employer contain modifications from the Standard GC,
JICA will not consider them valid and the Standard GC, as defined above, shall apply.

Instead of attaching a copy of the Standard GC, the Employer may use the following
introductory text.]

The General Conditions governing this Contract shall be Conditions of Contract for
Construction MDB Harmonized Edition, prepared and copyrighted by the International
Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or
FIDIC), FIDIC 2010, all rights reserved, (hereinafter referred to as “Standard GC”). This
publication is exclusive for the use of JICA’s Borrowers and their project implementing
agencies as provided under the License Agreement dated August 1st, 2008, between JICA
and FIDIC, and, consequently, no part of this publication may be reproduced, translated,
adapted, stored in a retrieval system or communicated, in any form or by any means, whether
mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior
permission in writing from FIDIC, except by the parties above and only for the exclusive
purpose of preparing this Contract.

The General Conditions of Contract are available on the JICA’s website shown below:

http://www.jica.go.jp/english/our_work/types_of_assistance/oda_loans/oda_op_info/guide/tender/index.html

A copy of these General Conditions is not attached to these Bidding Documents/Contract.

Section VIII. Particular Conditions

Section VIII. Particular Conditions (PC)

Notes on Particular Conditions

The PC complement the GC to specify data and contractual requirements linked to the
special circumstances of the country, the Employer, the Engineer, the sector, the overall
project, and the Works. Whenever there is a conflict, the provisions herein shall prevail over
those in the GC.

Part A, Contract Data of the PC, includes data to complement the GC in a manner similar to
the way in which the Bid Data Sheet complements the Instructions to Bidders.

Part B, the Specific Provisions of the PC, consists of a set of provisions prepared by JICA
which shall be used without modification. In addition to the provisions prepared by JICA,
country- or project-specific provisions for PC must also be prepared in each case.

Note that the PC provisions take precedence over those in the GC.

Clause numbers in the PC correspond to those in the GC.

Section VIII. Particular Conditions (Part A: Contract Data) PC-1

Particular Conditions (PC)

The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.

Part A - Contract Data

[The Employer should insert relevant data prior to the issue of the Bidding Documents.
Where a number of days is to be inserted it is desirable for the number to be a multiple of
seven for consistency with the Conditions of Contract.]

Conditions Sub-Clause Data

Employer’s name and address 1.1.2.2 & [Insert Employer’s name and address]
1.3
Engineer’s name and address 1.1.2.4 & [Insert Engineer’s name and address]
1.3
Bank’s name 1.1.2.11 Japan International Cooperation Agency
(JICA)
Borrower’s name 1.1.2.12 [Insert Borrower’s name]
Time for Completion 1.1.3.3 [Insert the time for completion of the whole
of the Works and also the time for
completion of sections, if applicable]days
[If Sections are to be used, refer to
Table: Summary of Sections below]
Defects Notification Period 1.1.3.7 [365 days.]
Sections 1.1.5.6 [If Sections are to be used, refer to Table:
Summary of Sections below]
Profit 1.2 [Insert the following if percentage is
different from 5%. Otherwise delete this
CD 1.2.]
____ % of Cost.
Electronic transmission 1.3 [insert Electronic transmission systems]
systems [insert Contractor’s name and address]
Governing Law 1.4 [insert name of governing law]
Ruling language 1.4 [insert name of ruling language]
Language for communications 1.4 [insert name of language for
communications]
PC-2 Section VIII. Particular Conditions (Part A: Contract Data)

Conditions Sub-Clause Data

Time for the Parties entering 1.6 ....... days.
into a Contract Agreement [Indicate a number of days for Parties
entering into a Contract Agreement, or
delete this CD 1.6 if the number is 28
days.]
Time for access to, and 2.1 [Insert a number of days] days after
possession of all parts of, the Commencement Date
Site
Engineer’s Duties and 3.1(B)(ii) Variations resulting in an increase of the
Authority Accepted Contract Amount in excess of
[insert percentage, normally 1 - 3%] %
shall require approval of the Employer.
Performance Security 4.2 The Performance Security will be in the
form of a [insert either one of “demand
guarantee” or “performance bond”] in
the amount(s) of [insert percentage]
percent of the Accepted Contract Amount
and in the same currency(ies) of the
Accepted Contract Amount.

Normal working hours 6.5 [Insert the normal working hours]

Commencement of Works 8.1(c) [Insert date effective access to the site is
granted, if applicable. Otherwise delete
this CD 8.1(c).]
Delay damages for the Works 8.7 [Insert percentage] % of the Contract
Price per day.
[If Sections are to be used, refer to Table:
Summary of Sections below]
Maximum amount of delay 8.7 [Insert percentage not exceeding 10] % of
damages the final Contract Price.
Provisional Sums 13.5.(b)(ii) [Insert percentage] %
[If there are Provisional Sums, insert a
percentage for adjustment of Provisional
Sums.]
Adjustments for Changes in 13.8 Period “n” applicable to the adjustment
Cost multiplier “Pn”: [Insert the period if
different from one (1) month; if period
“n” is one (1) month, delete this CD
13.8”]
Section VIII. Particular Conditions (Part A: Contract Data) PC-3

Conditions Sub-Clause Data

Total advance payment 14.2 [Insert percentage]%, Percentage of the
Accepted Contract Amount payable in the
currencies and proportions in which the
Accepted Contract Amount is payable
[Insert number and timing of installments,
if applicable]
Repayment amortization rate 14.2(b) [Insert percentage of amortization
of advance payment rate] %
Percentage of Retention 14.3(c) [Insert percentage of retention, not
exceeding 10] %
Limit of Retention Money 14.3(c) [Insert percentage of limit of retention,
usually 5 and not exceeding 10] % of the
Accepted Contract Amount
Plant and Materials 14.5(b)(i) [If Sub-Clause 14.5 applies:]
Plant and Materials for payment Free on
Board [list].
14.5(c)(i) Plant and Materials for payment when
delivered to the Site [list].
Minimum Amount of Interim 14.6 [Insert percentage]% of the Accepted
Payment Certificates Contract Amount.
[Percentage may depend on the contract
amount and time for completion; a
minimum of about one fifth the average
expected value of Interim Payment
Certificate would be reasonable.]
Maximum total liability of the 17.6 [Select one of the two options below as
Contractor to the Employer appropriate]
The product of [insert a multiplier less or
greater than one] times the Accepted
Contract Amount,
[or]
[Insert amount of the maximum total
liability]
Periods for submission of 18.1 [Insert period for submission of evidence
insurance: of insurance and policy. Period may be
from 14 days to 28 days.]

a. evidence of insurance. _____days

b. relevant policies _____days
PC-4 Section VIII. Particular Conditions (Part A: Contract Data)

Conditions Sub-Clause Data

Maximum amount of 18.2(d) [Insert maximum amount of deductibles]
deductibles for
insurance of the Employer's
risks
Minimum amount of third 18.3 [Insert amount of third party insurance;
party insurance this minimum amount per occurrence
should be commensurate with the risk of
damage specific to the Contract]
Date by which the DB shall be 20.2 28 days after the Commencement date
appointed
The DB shall be comprised of 20.2 [Insert either: “One sole Member” or
“Three Members”]
List of potential DB sole 20.2 [Only when the DB is to be comprised of
members one sole member, list names of potential
sole members; if no potential sole
members are to be included, insert:
“none”]
Appointment (if not agreed) 20.3 [Insert name of the appointing entity or
to be made by official]

Table: Summary of Sections

Section Name/Description Time for Completion Damages for Delay
(Sub-Clause 1.1.5.6) (Sub-Clause 1.1.3.3) (Sub-Clause 8.7)
Section VIII. Particular Conditions (Part B: Specific Provisions) PC-5

Part B - Specific Provisions

[Specific Provisions of the PC are intended to address country, project, and contract specific
requirements not covered by the GC. Whoever drafts the Specific Provisions should be
thoroughly familiar with the provisions of the GC and with any specific requirements of the
contract. Legal advice is recommended when amending provisions or drafting new ones.
The Standard Specific Provisions prepared by JICA and inserted in this Part B of the PC
shall be used without modification.]

Sub-Clause 1.15 This Sub-Clause is deleted entirely.

Inspections and Audit
by the Bank

Sub-Clause 4.1 Replace in the third paragraph: “as defined by the Bank” with
Contractor’s General “as defined by the Loan Agreement between the Bank and the
Obligations Borrower”.

Sub-Clause 6.2 [When applicable, exemption from duties and taxes shall be
Rates of Wages and indicated.]
Conditions of Labour

Sub-Clause 13.5 The following text should be added at the end of Sub-Clause
Provisional Sums 13.5:
“As an exception to the above, the Provisional Sum for the cost
of the DB shall be used for payments to the Contractor of the
Employer’s share (one-half) of the invoices of the DB for its
fees and expenses, in accordance with GC 20.2. No prior
instruction of the Engineer shall be required with respect to the
work of the DB. The Contractor shall produce the DB invoices
and satisfactory evidence of having paid 100% of such invoices
as part of the substantiation of those Statements submitted under
Sub-Clause 14.3, which contain requests for payment under the
Provisional Sum toward the cost of the DB. The Engineer’s
certification of such Statements shall be based upon such
invoices and such evidence of payment by the Contractor.
Contractor’s overhead, profit, etc., shall not be included in the
provisional sums for the cost of the DB.”
Sub-Clause 14.1 [When applicable, exemption from duties and taxes shall be
The Contract Price indicated in sub-paragraph (b).]
PC-6 Section VIII. Particular Conditions (Part B: Specific Provisions)

Sub-Clause 14.15 Replace the entire Sub-Clause 14.15 with the following:
Currencies of Payment
The Contract Price shall be paid in the currency or currencies in
which the bid price was expressed in the Letter of Bid. If more
than one currency is so named, payments shall be made as follows:

(a) payment of the damages specified in GC 8.7, shall be

made in the currencies and proportions specified in the
Letter of Bid;

(b) other payments to the Employer by the Contractor shall be

made in the currency in which the sum was expended by
the Employer, or in such currency as may be agreed by
both Parties;

(c) if any amount payable by the Contractor to the Employer

in a particular currency exceeds the sum payable by the
Employer to the Contractor in that currency, the Employer
may recover the balance of this amount from the sums
otherwise payable to the Contractor in other currencies;
and

(d) the applicable rates of exchange shall be those prevailing

on the Base Date and determined by the central bank of
the Country.

Sub-Clause 15.6 Replace the entire Sub-Clause 15.6 with the following:
Corrupt or Fraudulent
Practices If the Employer determines, based on reasonable evidence, that
the Contractor has engaged in corrupt, fraudulent, collusive or
coercive practices, in competing for or in executing the
Contract, then the Employer may, after giving 14 days notice to
the Contractor, terminate the Contract and expel him from the
Site, and the provisions of Clause 15 shall apply as if such
termination had been made under Sub-Clause 15.2
[Termination by Employer].
Should any employee of the Contractor be determined, based on
reasonable evidence, to have engaged in corrupt, fraudulent or
coercive practice during the execution of the work then that
employee shall be removed in accordance with Sub-Clause 6.9
[Contractor’s Personnel].
Sub-Clause 20.6 Replace the entire Sub-Clause 20.6 with the following:
Arbitration
Any dispute between the Parties arising out of or in connection
with the Contract not settled amicably in accordance with Sub-
Clause 20.5 above and in respect of which the DB’s decision (if
Section VIII. Particular Conditions (Part B: Specific Provisions) PC-7

any) has not become final and binding shall be finally settled by
arbitration. Arbitration shall be conducted as follows:
(a) if the contract is with foreign contractors (or if the lead
partner is a foreign contractor, in case of JV), international
arbitration with proceedings administered by the
International Chamber of Commerce (ICC) and conducted
under the ICC Rules of Arbitration; by one or more
arbitrators appointed in accordance with said arbitration
rules.
(b) if the Contract is with domestic contractors, arbitration with
proceedings conducted in accordance with the laws of the
Employer’s country.
The place of arbitration shall be a neutral location determined in
accordance with the applicable rules of arbitration; and the
arbitration shall be conducted in the language for
communications defined in Sub-Clause 1.4 [Law and
Language].
The arbitrators shall have full power to open up, review and
revise any certificate, determination, instruction, opinion or
valuation of the Engineer, and any decision of the DB, relevant
to the dispute. Nothing shall disqualify representatives of the
Parties and the Engineer from being called as a witness and
giving evidence before the arbitrators on any matter whatsoever
relevant to the dispute.
Neither Party shall be limited in the proceedings before the
arbitrators to the evidence or arguments previously put before
the DB to obtain its decision, or to the reasons for
dissatisfaction given in its Notice of Dissatisfaction. Any
decision of the DB shall be admissible in evidence in the
arbitration.
Arbitration may be commenced prior to or after completion of
the Works. The obligations of the Parties, the Engineer and the
DB shall not be altered by reason of any arbitration being
conducted during the progress of the Works.
Section IX. Annex to the Particular Conditions - Contract Forms CF-1

Section IX. Annex to the Particular Conditions

- Contract Forms

Table of Forms

Letter of Acceptance ......................................................................................................... 2

[Option A: One-Envelope Bidding]

Contract Agreement ......................................................................................................... 3

[Option B: Two-Envelope Bidding]

Contract Agreement ......................................................................................................... 5

Performance Security ....................................................................................................... 7

Advance Payment Security ............................................................................................ 11

Retention Money Security .............................................................................................. 13

CF-2 Section IX. Annex to the Particular Conditions - Contract Forms

Letter of Acceptance
[Insert letterhead paper of the Employer]

[Insert date]

To: [Insert name and address of the Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert name of
the Contract and identification number, as given in the Contract Data] for the Accepted
Contract Amount of the equivalent of [insert amount in words and figures] [insert 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, using for that purpose one of the Performance Security Forms
included in Section IX, Annex to the Particular Conditions - Contract Forms, of the
Bidding Documents

Authorized Signature:
Name and Title of Signatory:
Name of Agency:

Attachment: Contract Agreement

Section IX. Annex to the Particular Conditions - Contract Forms CF-3

[Option A: One-Envelope Bidding]

Contract Agreement
THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between
[insert name of the Employer] (hereinafter “the Employer”), of the one part, and [insert
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 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 Agreement. This Agreement shall prevail over all other Contract documents.
(i) the Letter of Acceptance;
(ii) the Letter of Bid ;
(iii) the addenda Nos [insert addenda numbers, if any] (if any);
(iv) the Particular Conditions ;
(v) the General Conditions;
(vi) the Specification;
(vii) the Drawings;
(viii) the completed Schedules; and
(ix) the Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans.
For the purpose of interpretation, the priority of the listed documents shall be in
accordance with the above listed order.
3. In consideration of the payments to be made by the Employer to the Contractor as
specified in this 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 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 Agreement to be executed in
accordance with the laws of [insert the laws of the borrowing country] on the day, month
and year specified above.
CF-4 Section IX. Annex to the Particular Conditions - Contract Forms

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 IX. Annex to the Particular Conditions - Contract Forms CF-5

[Option B: Two-Envelope Bidding]

Contract Agreement

THIS AGREEMENT made the [insert day] day of [insert month], [insert year], between
[insert name of the Employer] (hereinafter “the Employer”), of the one part, and [insert
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 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 Agreement. This Agreement shall prevail over all other Contract documents.
(i) the Letter of Acceptance;
(ii) the Letter of Technical Bid ;
(iii) the Letter of Price Bid
(iv) the addenda Nos [insert addenda numbers, if any] (if any);
(v) the Particular Conditions ;
(vi) the General Conditions;
(vii) the Specification
(viii) the Drawings;
(ix) the completed Schedules; and
(x) the Acknowledgement of Compliance with Guidelines for
Procurement under Japanese ODA Loans.
For the purpose of interpretation, the priority of the listed documents shall be in
accordance with the above listed order.
3. In consideration of the payments to be made by the Employer to the Contractor as
specified in this 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 such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
CF-6 Section IX. Annex to the Particular Conditions - Contract Forms

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of [insert the laws of the borrowing country] on the day, month
and year specified 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 IX. Annex to the Particular Conditions - Contract Forms CF-7

Performance Security
Option 1: (Demand Guarantee)

[Insert Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of the Employer]

Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Applicant") has
entered into Contract No. [insert reference number of the contract] dated [insert date]
with the Beneficiary, for the execution of [insert name of the contract and brief
description of the 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 Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures] ([insert amount in words]),1 such sum being payable in the types and proportions
of currencies in which the Contract Price is payable, upon receipt by us of the
Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in
the demand itself or in a separate signed document accompanying or identifying the
demand, stating that the Applicant is in breach of its obligation(s) under the Contract,
without the Beneficiary needing to prove or to show grounds for its demand or the sum
specified therein.

This guarantee shall expire, no later than the [insert the day] day of [insert month],
[insert year] 2, and any demand for payment under it must be received by us at this office
indicated above on or before that date.

1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the
currency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
The Employer should note that in the event of an extension of this date for completion of the Contract,
CF-8 Section IX. Annex to the Particular Conditions - Contract Forms

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.

_____________________
[signature(s)]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]

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 [six months][one year], in response to the Beneficiary’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
Section IX. Annex to the Particular Conditions - Contract Forms CF-9

Option 2: Performance Bond

By this Bond [insert name of Principal] as Principal (hereinafter called “the Contractor”)
and [insert name of surety] as Surety (hereinafter called “the Surety”), are held and firmly
bound unto [insert name of the Employer] as Obligee (hereinafter called “the Employer”)
in the amount of [insert the amount in words and figures], for the payment of which sum
well and truly to be made in the types and proportions of currencies in which the Contract
Price is payable, the Contractor and the Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Contractor has entered into a written Agreement with the Employer dated
the [insert date] day of [insert month], [insert year], for [insert name of contract and
brief description of Works] in accordance with the documents, plans, specifications, and
amendments thereto, which to the extent herein provided for, are by reference made part
hereof and are hereinafter referred to as the Contract.

NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto),
then this obligation shall be null and void; otherwise, it shall remain in full force and
effect. Whenever the Contractor shall be, and declared by the Employer to be, in default
under the Contract, the Employer having performed the Employer’s obligations
thereunder, the Surety may promptly remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Bid or Bids from qualified Bidders for submission to the Employer
for completing the Contract in accordance with its terms and conditions, and
upon determination by the Employer and the Surety of the lowest responsive
Bidder, arrange for a Contract between such Bidder and Employer and make
available as work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the
Balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term “Balance of the Contract Price,” as used
in this paragraph, shall mean the total amount payable by Employer to
Contractor under the Contract, less the amount properly paid by Employer to
Contractor; or

(3) pay the Employer the amount required by Employer to complete the Contract
in accordance with its terms and conditions up to a total not exceeding the
amount of this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the
date of the issuing of the Taking-Over Certificate.
CF-10 Section IX. Annex to the Particular Conditions - Contract Forms

No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Employer named herein or the heirs, executors, administrators, successors,
and assigns of the Employer.

In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and
the Surety has caused these presents to be sealed with his corporate seal duly attested by
the signature of his legal representative, this [insert day] day of [insert month], [insert
year].

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]
Section IX. Annex to the Particular Conditions - Contract Forms CF-11

Advance Payment Security

Demand Guarantee

[Insert Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and address of the Employer]

Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has
entered into Contract No. [insert reference number of the contract] dated [insert date of
the contract] with the Beneficiary, for the execution of [insert 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 [insert amount in figures] ([insert amount in words]) is to be made
against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures] ([insert amount in words])1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating either that the
Applicant:

(a) has used the advance payment for purposes other than the costs of mobilization
in respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract
conditions, specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment

1
The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a
freely convertible currency acceptable to the Employer.
CF-12 Section IX. Annex to the Particular Conditions - Contract Forms

referred to above has been credited to the Applicant on its account number [insert
number] at [insert name and address of Applicant’s bank] .

The maximum amount of this guarantee shall be progressively reduced by the amount of
the advance payment repaid by the Applicant as specified 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
(90) percent of the Accepted Contract Amount, less provisional sums, has been certified
for payment, or on the [insert day] day of [insert month], [insert year],2 whichever is
earlier. Consequently, any demand for payment under this guarantee 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.

____________________
[signature(s)]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]

2
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 [six months][one
year], in response to the Beneficiary’s written request for such extension, such request to be presented
to the Guarantor before the expiry of the guarantee.”
Section IX. Annex to the Particular Conditions - Contract Forms CF-13

Retention Money Security

Demand Guarantee

[Insert Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Employer]

Date: [Insert date of issue]

RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Applicant") has
entered into Contract No. [insert reference number of the contract] dated [insert date]
with the Beneficiary, for the execution of [insert 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 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 Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in
figures] ([insert amount in words])1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating that the
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary
needing to prove or show grounds for its demand or the sum specified therein.
1
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.
CF-14 Section IX. Annex to the Particular Conditions - Contract Forms

A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary’s bank stating that the second half of the
Retention Money as referred to above has been credited to the Applicant on its account
number [insert account’s number] at [insert name and address of Applicant’s bank] .

This guarantee shall expire no later than the [insert day] day of [insert month], [insert
year] 2, and any demand for payment under it 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, except that the supporting statement under Article
15(a) is hereby excluded.

____________________
[signature(s)]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.]

2
Insert the same expiry date as set forth in the Performance Security, representing the date twenty-eight
days after the completion date described in GC Clause 11.9. The Employer should note that in the
event of an extension of this date 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 [six months][one
year], in response to the Beneficiary’s written request for such extension, such request to be presented
to the Guarantor before the expiry of the guarantee.”
URL:http://www.jica.go.jp
E-mail:[email protected]