BIDDING DOCUMENT FOR ENGINEERING, PROCUREMENT, CONSTRUCTION & COMMISSIONING (EPC) OF PAYRA 20 MW WIND FARM PROJECT BANGLADESH-CHINA RENEWABLE ENERGY CO. (PVT.) LTD. BANGLADESH MARCH 2023 Qh x‘ore fart Soa, wa we ETE ‘arerterrst-oret FateiBoreer ere carom (ite) ACT Bangladesh-China Renewable Energy Company (Pvt.) Ltd (A Joint Venture of NWPGCL, Bangladesh and CMC, China) Office: UTC Building (Level-4), 8 Panthapath, Kawran Bazar, Dhaka-1215, Bangladesh Phone: +88-02-481 22 117, 02-481 22 118, e-mail: info@nwpgel gov.bd, web: wor berec.org Memo No: OOU/BCRECL/PayraWind/2023 Date: 27 March 2023 INVITATION FOR INT ERNATIONAL BID 1. [Name of Procuring | [Bangladesh-China Renewable Energy Company (Pvt. Limited (BCRECL). [tis a Join Entty/Emplayer Venture of North-West Power Generation Company Limited (NWPGCL) (An lenterprise of Bangladesh Power Development Board) and China National Machinery import and Export Corporation (CMC) (A state owned company in China) nginecring, Procurement, Construction & Commissioning (EPC) of Payra 20 MW| Wind Farm Project on Turnkey Basis Procurement Method |: international Competitive Bidding (Single Stage-Two Envelopes), The Bidders shall ‘submit the Technical and Financial proposals in two separate envelopes in accordance] ith the requirements ofthe Bidding Document }4. |Source of Fund own source 5. [Date of seing of From 03 April 2023 to 04 June 2023 within working hours (on working days). [Bidding Document JEngineering, Design, Procurement, Supply, Installation, Erection, Testing &| (Commissioning of Payra 20 MW Wind Farm Project including integration to nearby [BRED 33 KV Substation with necessary bay extension on Turnkey Basis, [6. [Brief description of Iworks F. (Completion Time |: [720 days from the effective date lot eantact Is. |experience of Bidders|: | Average Annual Turn Over: Minimum average annual tuinover of USD 40] | million within the lst 3 (ree) years. | Je Financial Resources: Bidders Financial resources less its financial obligations for | | its current contract commitments must meet or exceed the total equirement of USD] 30 Milion | General Experience: Experience in the role of contractor for at leat 10 (ten) yeas prior tothe bid submission dat, | Specific Experience: Experience as EPC contractor in at least two (2) Wind Farm] projects, one of which shall be outside of Bidder's home country, each with ‘minimum capacity of 15 MW, within the last 5 (five) years that have been successfully completed. Such power plants shall be in continuous commercial operation for minimum one (1) year prior to bid closing date. The scope shall include Design, Supply, Installation, Testing & Commissioning of Wind Turbine| Generators and auxiliaries including grid connection on turnkey basis. ** Detailed qualification criteria are described in the Bidding Document, 10 Price of Bidding laDr 25,000.00 (Bangladeshi Taka Twenty-Five Thousand) only or USD 250.00 [Document United States Dollar Two Hundred and Fifly) only (Non-Refundable) against per st of [Bidding Document payable in the form of Pay Order/Bank Draft in favor ol [Bangladesh-China Renewable Energy Company (Pvt.) Limited”, 11 Jamount of Bid The Bidder shall furnish a bid security (bid bond) in the amount USS730,000.00] ‘Security (United States Dollar Seven Hundred and Filly Thousand Only) in the form of an lunconditional and irrevocable Bank Guarantee (on non-judicial stamp) by a Scheduled [Bank in Bangladesh or a foreign bank duly endorsed and authenticated by a Scheduled [Bank in Bangladesh payable in favor of “Bangladesh-China Renewable Energy [Company (Pvt) Limited”. | 12|id and Bid Security Valigity from the date of opening of Bid. Awe 7 gy 180 (One hundred eight) days and 208 (Two hundred and eight) days respectively][Name and address for ‘seling the [bidding document + Company Secretary ‘Bangladesh-China Renewable Energy Company (Pvt.) Limited (BCRECI.) UTC Building (Level- 4), 8, Pamhapath, Kawran Bazar Dhaka-1215, Bangladesh || Name and address of Ihe Office for i 1 and opening | F Bid ‘Company Secretary ‘Bangladesh-China Renewable Energy Company (Pvt) Limited (BCRECL) [UTC Building (Level- 4), 8, Panthapath, Kavran Bazar [Dhaks-1215, Bangladesh Last Date and Time of [Date + 05 June 2023 15 Bid submission Mime + 12:00 PM (BST) 16 Date and Time for |: The Technical Bids shall be opened on 08 June 2025 at 12:30 PM (BST) in presence o [opening of Bid the Biddersthir authorized repeseniatves [V7 Place & due of Pre | [Place - Board Room Bid Meeting Norkh-West Power Generation Company Limited | UTC Building (Level 4). 8, Puntbapath, Kaveran Bazar | | Dhaka-1215, Bangladest | |Date + 01 May 2025 at 11am (BST). 18 |Special Notification |: Bidding Documents will be available in the BCRECL website: www.bereclorg as well Jason the website of NWPGCL. CPTU & BPDB for review onl. The Procuring Eni | jreserves the tight to accept any or reject any / all Bids or ann the bidding process a |_fany stage without assigning any reason whatsoever and without incurring any ability | fo the affected Bidders. Bids submitted by Fax, Telex. Swif, Cable, E-mail & by] postlcourer shall not be accented 19 Name of fciat [Ma Anamol tiaque avitng the Wig 20 Designation ana [Company Seertary jaderess inviting the Bie [Bangladcsh-China Renewable Energy Company (Pvt) Limited (BCRECL) [UTC Building (Level-4) 8, Panhapath, Kawran Bazar, Dhaka-1215, Bangladesh Phone: +88-02-9145291, 188.02.9145282, 188.02-9145427, +88-02-9148428, E-mail: [email protected] Website: ww, berecLong (ata Abit Irae) Company Secretary (Addl Charge) Bangladesh-China Renewable Energy Co, Lid. Dhaka, Panglaesh‘Memo No: 001/BCRECL/PayraWind/2023 Date: 27 March 2023 Conv Secretary, Power Division, MoPEMR and Chairman, NWPGCL, Dhaka: Director General, CPTU, IMED, Ministry of Planning, Dhaka. A solt copy (CD) of above advertisement is enclosed herewith for your kind information and publishing the same in the CPTU website at an early date; Chief Executive Officer, NWPGCL. Dhaka; Managing Director, BCRECL., Dhaka; Executive Director (P&D/Engineering/Finan (Chief Engineer (Planning & Design), NWPG CSO to Chairman, BPDB, Dhaku: Superintending Engineer (SEC), NWPGCL, Dhaka: Senior System Analyst, BPDB, Dhaka. A soft copy (CD) of above advertisement is enclosed herewith for publishing the same in the BPDB website at an early date; e), NWPGCL, Dhaka; Dhaka; ). Manager (ICT), NWPGCL, Dhak: Office copy: Tia. andl fa Company Seertary (Addl Charge) Banglades-China Renewable Energy Co. Lid Dhaka, BangladeshContents of Bidding Document Section 1: Instructions to Bidders (ITB) Section 2: Bid Data Sheet (BDS) Section 3: Evaluation and Qualification Criteria (EQC) Section 4: Bidding Forms (BDF) Section 5: Eligible Countries (ELC) Section 6: Employer's Requirements (ERQ) Section 7: General Conditions of Contract (GCC) Section 8: Special Conditions of Contract (SCC) Section 9: Contract Forms (COF) Drawings and Attachments (under Section 6: Employer's Requirements) Annexure A - Conceptual Drawings Annexure B - Soil Test Report Qe LSection - 1 Instructions to Bidders (ITB)Payra 20MW Wind Farm, ‘Section | - Instructions to Bidders (ITB) oaone Section 1 - Instructions to Bidders (ITB) Table of Clauses General. ‘Scope of Bid Source of Funds Corrupt Practices... Eligible Bidders. Eligible Plant and Services... Contents of Bidding Document. Sections of Bidding Document os cocenies 8 Clarification of Bidding Document, Site Visit, Pre-Bid Meeting Amendment of Bidding Document Preparation of Bids. 9 Cost of Bidding 8 10. Language of Bid 8 11. Documents Comprising the Bid evens evens 8 12. Letter of Bid and Schedules... 9 13, Alternative Bids. 9 14. Documents Establishing the Eligibility of Plant and Services 10 15. Documents Establishing the Eligibility and Qualifications of the Bidder. 10 16. Documents Establishing Conformity of the Plant and Services. 10 17. Technical Proposal, Subcontractors .... " 18. Bid Prices and Discounts..... evsenseee M 19. Currencies of Bid and Payment 4 20. Period of Validity of Bids. 14 21. Bid Security 15 22, Format and Signing of Bi 16 D. ‘Submission and Opening of 23. Submission, Sealing and Marking of Bids........ eo AT 24. Deadline for Submission of Bids 18 25. Late Bids eo - oe 18 26. Withdrawal, Substitution, and Modification of Bids. 18 Bangladesh-China Renewable Energy Company (Pvt) Limited Page 1 of 27 We LPayra 20MW Wind Farm Section | ~ Instructions to Bidders (ITB) 27. Bid Opening... 18 E _ Evaluation and Comparison of Bi 28. Confidentiality ... 21 29. Clarification of Bids. 21 30. Deviations, Reservations, and Omissions. an ers 241 31 Preliminary Examination of Technical Bids... 7 21 32. Responsiveness of Technical Bid 33. Nonmaterial Nonconformities oon . sevvee 22 34. Detailed Evaluation of Technical Bids......... 7 23 35. Eligibility and Qualification of the Bidder. 23 36. Correction of Arithmetical Errors. 24 37. Conversion to Single Currency ... 25 38. Margin of Preference ....essseee ou 25 39. Evaluation of Price Bids. 25 40. Comparison of Bids .....s.cene souee 26 41 Employer's Right to Accept Any Bid, and to Reject Any or Alll Bids.... F Award of Contract 42, Award Criteria... 43. Notification of Award. 44, Signing of Contract 45. Performance Security 27 mage Reneyaie Energy Company Pt) Lmies age 20127 oy xPayra 20MW Wind Farm ‘Section ~ Instructions to Bidders (ITB) 1. Scope of Bid 2. Source of Funds Section 1 - Instructions to Bidders 3. Corrupt Practices 14 1.2 34 32 33 34 A. General In connection with this Invitation for Bids indicated in the Bid Data Sheet (BDS), the Employer, as indicated in the BDS, issues this Bidding Document for the procurement of plant and services as specified in Section 6 (Employer's Requirements). The name and identification of the International Competitive Bidding (ICB) are provided in the BDS. Unless otherwise stated, throughout this Bidding Document definitions and interpretations shall be as prescribed in Section 7 (General Conditions of Contract), Employer will be arranging for funds required for this project from its own funds and borrowings. The Employer requires that Bidders and Suppliers shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of contracts under public funds. In pursuance of this requirement, the Employer shall (@) exclude the Bidder from participation in the procurement proceedings concemed or reject a proposal for award; and (b) declare a Bidder ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under its funds; Ifit, at any time, determines that the Bidder has engaged in corrupt, fraudulent, collusive or coercive practices in ‘competing for, or in executing, a contract under public funds. ‘Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Employer, it shall, in the first place, allow the Bidder to provide an explanation and shall, take actions only when a satisfactory explanation is not received. Such exclusion and the reasons thereof, shall be recorded in the record of the procurement proceedings and promptly communicated to the Bidder concerned. Any communications between the Bidder and the Employer related to matters of alleged fraud or corruption shall be in writing. The Employer defines, for the purposes of this provision, the terms set forth below as follows: (2) “corrupt practice” means offering, giving, or promising to give, directly or indirectly, to any officer or employee of the Employer or individual, a gratuity in any form, an ae Renewable Energy Company (Pvt) Limited Page 3 of 27 CNY LXPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 4, Eligible Bidders 44 42 ‘employment, or any other thing or service of value, as an inducement with respect to an act or decision of, or method followed by, Employer in connection with the procurement proceeding; (b) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement proceeding or the execution of a contract to the detriment of the Employer, (©) “collusive practice” means a scheme or arrangement among two or more Bidders, with or without the knowledge of the Employer (prior to or after Bid submission), designed to establish Bid prices at artificial, non-competitive levels and to deprive the Employer of the benefits of free, open and genuine competition; and (d)_ “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence the procurement proceedings, or affect the execution of a contract A Bidder may be a private entity or a government-owned entity - subject to ITB 4.5 - or any combination of such entities with the intent to enter into an agreement supported by a letter of intent or under an existing agreement in the form of a joint venture, consortium, or association (JV). In the case of a JV: (@) all partners shall be jointly and severally liable, and (b) the JV shall authorize a Representative jointly by all JV members who shall have the authority to conduct all business for and on behaif of any and all the partners of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution. Name, designation and contact details of this, representative shall be included in the Letter of intent / JV ‘Agreement. (©) In case only Letter of Intent is submitted, it shall be addressed to the Employer and shall be signed by all Partners of the JV; (d)_ In addition, the Letter of Intent shall also clearly identity the Lead Partner of the JV. A Bidder, and all partners constituting the Bidder, shall have a nationality of an eligible country, in accordance with Section § (Eligible Countries). A Bidder shall be deemed to have the nationality of a country if the Bidder is a national or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shail also apply to the determination of the nationality Bangladesh-China Renewable Energy Company (Pvt) Limited Page 4 of 27 ory LPayra 20MW Wind Farm, ‘Section I~ Instructions to Bidders (ITB) 43 44 of proposed subcontractors or suppliers for any part of the Contract including related services. ‘A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder maybe considered to be in a conflict of interest with one or more parties in this bidding process if, including but not limited to: (a) they have controlling shareholders in common; or (b) they receive or have received any direct or indirect subsidy from any of them; or (©) they have the same legal representative for purposes of this bid; or (a) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to material information about or improperly influence the bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or (€) @ Bidder participates in more than one bid in this bidding process, either individually or as a partner in a joint venture, except for alternative offers permitted under ITB Clause 13. This will result in the disqualification of all Bids in which itis involved. However, subject to any finding of a conflict of interest in terms of ITB 4.3 (a) -(d) above, this, does not limit the participation of a Bidder as a subcontractor in another bid or of a firm as a subcontractor in more than one bid; or ‘A Bidder that is under a declaration of ineligibility by the Employer in accordance with ITB Clause 3, at the date of the deadline for bid submission or thereafter, shall be disqualified. 45 Government-owned entities shall be eligible only if they can establish that they (@) are legally and financially autonomous, (b) operate under the principles of commercial law, and (©) are not dependent agencies of the Employer 46 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request. 4.7 Firms of a country shall be excluded if, by an act of compliance with a decision of the United Nations Security Council taken under Chapter Vil of the Charter of the United Nations, the Banglgdosh-China Renewable Energy Company (Pvt) Limited Page $01 27 wy xPayra 20MW Wind Farm ‘Section | - Instructions to Bidders (ITB) Services Sections of Bidding Document Employer's country prohibits any import of goods from that country or any payments to persons or entities in that country. 48 Incase a prequalification process has been conducted prior to the bidding process, this Bidders. bidding is open only to prequalified Eligible Plant and 5.1. The plant and services to be supplied under the Contract shall have their origin in eligible source countries as defined in ITB 42 above and all expenditures under the Contract will be limited to such plant and services. 5.2 For purposes of ITB 5.1 above, “origin’ means the place where the plant, or component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially in its basic characteristics or in purpose or utility from its components, B. Contents of Bidding Document 6.1 The Bidding Document consists of the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8. Section 1 - Instructions to Bidders (ITB) Section 2 - Bid Data Sheet (BDS) Section 3 - Evaluation and Qualification Criteria (Eac) Section 4 - Bidding Forms (BDF) Section 5 - Eligible Countries (ELC) Section 6 - Employer's Requirements (ERQ) Section 7 - General Conditions of Contract (GCC) Section 8 - Special Conditions of Contract (SCC) Section 9 - Contract Forms (COF) 6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document. 63 The Employer is not responsible for the completeness of the Bidding Document and its addenda, if they were not obtained directly from the source stated by the Employer in the Invitation for Bids 64 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid cone China Renewable Energy Company (Pvt) Limited Page 6 of 27, Cee LPayra 20MW Wind Farm Section | — Instructions to Bidders (ITB) Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 74 72 73 74 75 78 A prospective Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employer's address indicated in the BDS or raise his enquiries during the pre-bid meeting if provided for in accordance with ITB 7.4, The Employer will respond to any request for clarification, provided that such request is received no later than twenty-one (21) days prior to the deadline for submission of bids. The Employer's response shall be in writing with ‘copies to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the Employer deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 24.2. The Bidder is advised to visit and examine the site where the plant is to be installed and its surroundings and obtain for itself on its own responsibilty all information that may be necessary for preparing the bid and entering into a contract for the Provision of plant and services. The costs of visiting the site shall be at the Bidder's own expense. ‘The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection The Bidder's designated representative is invited to attend a pre-bid meeting, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on ‘any matter that may be raised at that stage. ‘The Bidder is requested, as far as possible, to submit any questions in writing, to reach the Employer not later than one week before the pre-bid meeting, Minutes of the pre-bid meeting, including the text of the questions raised, without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3. Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an ae Renewable Energy Company (Pvt) Limited Page 7 of 27 xPayra 20MW Wind Farm ‘Section | - Instructions to Bidders (TB) 8 Amendment of Bidding Document 9. Cost of Bidding 10. Language of Bid 11. Documents Comprising the Bid 77 a4 82 83 a4 10.4 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. ‘At any time prior to the deadline for submission of bids, the Employer may amend the Bidding Document by issuing addenda. ‘Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Employer in accordance with 1786.3. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer may, at its discretion, extend the deadiine for the submission of bids, pursuant to ITB 24.2 C. Preparation of Bids ‘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. 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 English language. 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 into the English language, in which case, for purposes of interpretation of the Bid, such transiation shall govern. The Bid shall comprise two envelopes submitted 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. ‘The Technical Bid submitted by the Bidder shall comprise the following (a) Letter of Technical Bid; (b) Bid Security or Bid Securing Declaration, in accordance with ITB 21; (0) alternative bids, if permissible, in accordance with ITB 13; Bangladesh-China Renewable Energy Company (Pvt) Limited Page 8 of 27 oy xPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 12. Letter of Bid and 13. Alternative Bids ‘Schedules 12.4 13.4 13.2 (d) written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 22.2; (e) documentary evidence establishing in accordance with ITB 14.1 that the plant and services offered by the Bidder in its bid or in any alternative bid, if permitted, are eligible; ( documentary evidence in accordance with ITB 15 establishing the Bidder's eligibility and qualifications to perform the contract if its Bid is accepted; (g) Technical Proposal in accordance with ITB 17. (h) documentary evidence establishing in accordance with ITB 16 that the plant and services offered by the Bidder ‘conform to the Bidding Document; ())_ in the case of a bid submitted by a JV, JV agreement, or letter of intent to enter into a JV including a draft agreement, indicating at least the parts of the Plant to be executed by the respective partners; ) List of subcontractors, in accordance with ITB 17.2; and {k)_ any other document required in the 8DS. The Price Bid submitted by the Bidder shall comprise the following: (a) Letter of Price Bid; (b) completed schedules as required, including Price ‘Schedules, in accordance with ITB 12 and 18; (0) alternative price bids, if permissible, in accordance with ITB 13; and (d)_any other document required in the BDS ‘The Letters of Technical Bid and Price Bid, and the Schedules, and all documents listed under ITB 11, shall be prepared using the relevant forms furnished in Section 4 (Bidding Forms). The forms must be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested Unless otherwise indicated in the BDS, alternative bids shall not be considered. If they are allowed, the BDS will also indicate whether they are permitted in accordance with ITB 13.3 or invited in accordance with ITB13.2 and/or ITB 13.4 ‘When alternatives to the Time Schedule are explicitly invited, a statement to that effect will be included in the BDS, and the method of evaluating different time schedules will be described in Section 3 (Evaluation and Qualification Criteria) x China Renewable Energy Company (Pvt) Limited Page 9 of 27 LPayra 20MW Wind Farm Section | Instructions to Bidders (ITB) 13.3. Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the Employer's requirements as described in the bidding document must also provide: (i) a price at which they are prepared to offer a plant meeting the Employer's requirements; and (i) all information necessary for a complete evaluation of the alternatives by the Employer, including drawings, design calculations, technical ‘specifications, breakdown of prices, and proposed installation methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Bidder conforming to the basic technical requirements shail be considered by the Employer. 13.4 When bidders are invited in the BDS to submit alternative technical solutions for specified parts of the facilities, such parts shall be described in Section 6 (Employer's Requirements). Technical altematives for the specific parts of the facilities that comply with the performance and technical criteria specified for the plant and services shall be considered by the Employer on their own merits, pursuant to ITB 32 44, Documents 14.4 To establish the eligibility of the plant and services in Establishing the accordance with ITB Clause 6, Bidders shall complete the Eligibility of country of origin declarations in the Price Schedule Forms, Plant and included in Section 4 (Bidding Forms). Services 45. Documents 18.1 To establish its eligibility and qualifications to perform the Establishing the Contract in accordance with Section 3 (Evaluation and Qualification Criteria), the Bidder shall provide the information Qualifications of requested in the corresponding information sheets included in the Bidder Section 4 (Bidding Forms), 15.2. Domestic Bidders, individually o in joint ventures, applying for eligibility for domestic preference shall supply all information required to satisfy the criteria for eligibility as described in ITB 38 16. Documents 16.1. The documentary evidence of the conformity of the plant and Establishing services to the Bidding Document may be in the form of Conformity of the literature, drawings and data, and shall furnish Blantand (@) @ detailed description of the essential technical and el performance characteristics of the plant and services, including the functional guarantees of the proposed plant and services, in response to the Specification; (©) alist giving full particulars, including available sources, of all spare parts and special tools necessary for the proper ‘and continuing functioning of the plant for the period Bangladesh-Chine Renewable Energy Company (Pvt) Limited Page 100127 Gy ZLPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) named in the BDS, following completion of plant and services in accordance with provisions of contract; and () @ commentary on the Employer's Specification and adequate evidence demonstrating the substantial responsiveness of the plant and services to those specifications. Bidders shall note that standards for workmanship, materials and equipment designated by the Employer in the Bidding Document are intended to be descriptive (establishing standards of quality and performance) only and not restrictive. The Bidder may substitute altemative standards, brand names and/or catalog numbers in its bid, provided that it demonstrates to the Employer's satisfaction that the substitutions are substantially equivalent or superior to the standards designated in the Specification. 16.2. In order to facilitate evaluation of Technical Bids, deviations, if any, from the terms and conditions or Specification shall be listed as indicated in ITB 18.2. 47. Technical 17.1 The Bidder shall furnish a Technical Proposal including a Proposal, statement of work methods, equipment, personnel, schedule Subcontractors and any other information as stipulated in Section 4 (Bidding Forms), in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and the completion time 17.2. Formajoritems of plant and services as listed by the Employer in Section 3 (Evaluation and Qualification Criteria), which the Bidder intends to purchase or subcontract, the Bidder shall give details of the name and nationality of the proposed Subcontractors, including manufacturers, for each of those items. In addition, the Bidder shall include in its bid information establishing compliance with the requirements specified by the Employer for these items. Bidders are free to list more than ‘one Subcontractor against each item of the plant and services. Quoted rates and prices will be deemed to apply to whichever ‘Subcontractor is appointed, and no adjustment of the rates and prices will be permitted 17.3 The Bidder shall be responsible for ensuring that any ‘Subcontractor proposed complies with the requirements of ITB 4, and that any plant, or services to be provided by the ‘Subcontractor comply with the requirements of ITB § and ITB 15.4 48. Bid Prices and 18.1 Unless otherwise specified in the BDS and/or Section 6 Discounts (Employer's Requirements), bidders shall quote for the entire plant and services on a “single responsibility’ basis such that the total bid price covers all the Contractor's obligations WN, a ar Renewable Energy Company (Pvt) Limited Page 11 of 27Payra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 18.2 183 mentioned in or to be reasonably inferred from the bidding document in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction, installation and completion of the plant. This includes all requirements under the Contractor's, responsibilities for testing, pre-commissioning and ‘commissioning of the plant and, where so required by the bidding document, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as may be specified in the Bidding Document, all in accordance with the requirements of the General Conditions. Items against which no price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the prices for other items, Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the bidding document. If a Bidder wishes to make a deviation, such deviation shall be listed in the relevant form in Section 4 (Bidding Forms). The Bidder shall also provide the additional price if any, for withdrawal of the deviation. Bidders shall give a breakdown of the prices in the manner and detail called for in the Price Schedules included in Section 4 (Bidding Forms). Where. no different Price Schedules are included in the Bidding Document, bidders shall present their prices in the following manner: Separate numbered ‘Schedules included in Section 4 (Bidding Forms) shall be used for each of the following elements, The total amount from each ‘Schedule (1 to 4) shall be summarized in a Grand Summary (Schedule 5) giving the total bid price(s) to be entered in the Bid Form. ‘Schedule No. 1: Plant (including Mandatory Spare Parts) ‘Supplied from Abroad Schedule No. 2: Plant (including Mandatory Spare Parts) Supplied from within the Employer's Country Schedule No. 3: Design Services ‘Schedule No. 4: Civil, Installation and Other Services Schedule No.5 Grand Summary (Schedule Nos. 1 to 4) 2 ane ‘Schedule No. 6: Recommended Spare Parts after two-year defect liability period (Optional) Bidders shall note that the plant and equipment included in Schedule Nos. 1 and 2 above exclude materials used for civil, building and other construction works. All such materials shall Bangladesh-China Renewable Energy Company (Pvt) Limited Page 12 of 27 a NY LXPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) be included and priced under Schedule No. 4, Installation and Other Services. 18.4 in the Schedules, bidders shall give the required details and a breakdown of their prices as follows: (a) Plant to be supplied from abroad (Schedule No. 1) (i) the price ofthe plant shall be quoted as per Incoterms specified in the BDS (ii) all custom duties and other taxes paid or payable in the Employer's country on the plant if the contract is. awarded to the Bidder, and (ii) the total price for the plant (b) Plant supplied from within the Employer's country (Schedule No. 2) (i) The price of the plant shall be quoted as per Incoterms specified in the BDS, (ii) Sales tax and all other taxes payable in the Employer's country on the plant if the contract is awarded to the Bidder, and (ii) The total price for the plant. (c) Design Services. (Schedule No. 3) (d) Civil, Installation and other Services shall be quoted separately (Schedule No. 4) and shall include rates or prices for local transportation, insurance and other services incidental to delivery of the plant, all labor, contractor's equipment, temporary works, materials, consumables and all matters and things of whatsoever nature, including operations and maintenance services, the provision of operations and maintenance manuals, training, etc., where identified in the Bidding Document, as necessary for the proper execution of the installation and other services, including all taxes, duties, levies and charges payable in the Employer's country as of twenty- eight (28) days prior to the deadline for submission of bids. (e) Recommended spare parts shall be quoted separately (Schedule 6) as specified in either subparagraph (a) or (b) above in accordance with the origin of the spare parts. 18.5 The current edition of incoterms, published by the International Chamber of Commerce shall govern. 18.6. The prices shall be either fixed or adjustable as specified in the BDS. ae Energy Company (Pvt) Limited K rh Page 13 of 27Payra 20MW Wind Farm ‘Section | ~ Instructions to Bidders (ITB) (a) In the case of Fixed Price, prices quoted by the Bidder shall be fixed during the Bidder’s performance of the ‘contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected (b) In the case of Adjustable Price, prices quoted by the Bidder shall be subject to adjustment during performance of the contract to reflect changes in the cost elements such as labor, material, transport and contractor's equipment in accordance with the procedures specified in the corresponding Appendix to the Contract Agreement, A bid submitted with a fixed price quotation will not be rejected, but the price adjustment will be treated as zero. Bidders are required to indicate the source of labor and material indices in the corresponding Form in Section 4 (Bidding Forms). 18.7. If so indicated in BDS 1.1, bids are being invited for individual lots (contracts) or for any combination of lots (packages) Bidders wishing to offer any price reduction (discount) for the award of more than one contract shall specify in their Letter of Price Bid the price reductions applicable to each package, or alternatively, to individual contracts within the package, and the manner in which the price reductions will apply. 19. Currencies of Bid 19.1 The currency(ies) of the bid shall be, as specified in the BDS. and Payment 19.2 Bidders shall indicate in the Schedule of Prices and the Letter of Bid the portion of the bid price that corresponds to expenditures incurred in the currency of the Employer's country. 19.3. Bidders expecting to incur expenditures in other currencies for inputs to the Facilities supplied from outside the Employer's ‘country and wishing to be paid accordingly, may indicate in the Schedule of Prices and the Letter of Bid up to three foreign currencies of their choice 20. Period of Validity 20.1 Bids shall remain valid for the period specified in the BDS after of Bids the bid submission deadline date prescribed by the Employer. A bid valid for a shorter period shall be rejected by the Employer as non-responsive, 20.2. In exceptional circumstances, prior to the expiration of the bid validity period, the Employer may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a bid security is requested in accordance with ITB 21, it shall also be extended for a corresponding period. A Bidder may refuse the request Bangladesh-China Renewable Energy Company (Pvt) Limited Page 14 of 27 hw LPayra 20MW Wind Farm ‘Section I - Instructions to Bidders (ITB) 24 Bid Security 24 242 21.4 215 21.6 without forfeiting its bid security. A Bidder granting the request shall not be required or permitted to modify its bid Unless otherwise specified in the BDS, the Bidder shall furnish as part ofits bid, a Bid Securing Declaration or a bid security in original form and in the amount and currency as specified in the BDS. A Bid Securing Declaration shall use the form included in Section 4 (Bidding Forms). The Employer will dectare a Bidder ineligible to be awarded a Contract for a specified period of time if the Bid Securing Declaration is executed, as provided in the BDS. The bid security shall be a demand guarantee, at the Bidder's option, in any of the following forms: (a) an unconditional bank guarantee; or (b) an irrevocable letter of credit; or (©) acashier’s or certified check; from a reputable source from an eligible country. The bid security shall be submitted either using the Bid Security Form included in Section 4 (Bidding Forms), in the case of a bank guarantee, or in another format approved by the Employer. In either case, the form must include the complete name of the Bidder. The bid security shall be valid for twenty-eight days (28) beyond the original validity period of the bid, or beyond any period of extension if requested under ITB 20.2. If a bid security is specified, any bid not accompanied by a substantially compliant bid security or bid securing declaration shall be rejected by the Employer as non-responsive. If @ bid security is specified pursuant to ITB 24.1, the bid security of the unsuccessful Bidder shall be retumed as promptly as possible upon the successful Bidder's furnishing of the performance security pursuant to ITB 45. If @ bid security is specified pursuant to ITB 21.1, the bid security of successful Bidders shall be returned as promptly as Possible once the successful Bidder has signed the Contract and furnished the required performance security The bid security may be forfeited or the bid securing declaration executed: (@) if Bidder withdraws its bid during the period of bid validity ‘specified by the Bidder on the Letter of Bid Form, except as provided in ITB 20.2 or (b) ifthe successful Bidder fais to: Ba a Ching Renewable Energy Company (Pvt) Limited Page 16 of 27 Se LxPayra 20MW Wind Farm ‘Section | ~ Instructions to Bidders (ITB) 22. Format and Signing of Bid 21.8 21.9 22.4 22.2 22.3 22.4 ()) sign the Contract in accordance with ITB 44; (ii) furnish a performance security in accordance with ITB 45; or (ii) accept the arithmetical corrections of its Bid in accordance with ITB 36, ‘The Bid Security or the Bid Securing Declaration of a JV shall be in the name of the JV that submits the bid. f the JV has not been legally constituted at the time of bidding, the Bid Security or the Bid Securing Deciaration shall be in the names of all future partners as named in the letter of intent referred to in 784.1 (a) Ifa Bidder submitted a bid security/bank guarantee which is issued by any foreign bank located outside Employer's country, such bid security shall be confirmed by a correspondent bank registered in the Employer's county. (b) Bids not accompanied by a valid bid security as stated under Sub-clause 21 shall be considered as “non- responsive". The Bidder shall prepare one original of the Technical Bid and one original of the Price Bid comprising the Bid as described in ITB 11 and clearly mark it “ORIGINAL - TECHNICAL BID" and “ORIGINAL - PRICE BID". Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of the bid, 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 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. A bid submitted by a JV shall be signed so as to be legally binding on all partners. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the bid. Bangladesh-China Renewable Energy Company (Pvt) Limited Page 16 of 27 a Y aPayra 20MW Wind Farm Section | ~ Instructions to Bidders (ITB) D. Submission and Opening of Bids 23.1 Bidders may submit their bids by mail or by hand. When so specified in the BDS, bidders shall have the option of Marking of Bids submitting their bids electronically. Procedures for submission, sealing and marking are as follows: (@) Bidders submitting bids by mail or by hand shall enclose the original and each copy of the 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. The rest of the procedure shall be in accordance with ITB sub-Clauses 23.2 and 23.3. (b) Bidders submitting bids electronically shall follow the electronic bid submission procedures specified in the BDs. 23.2 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 24.1; and (©) bear the specific identification of this bidding process indicated in the BDS 1.1 23.3. 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 Sub-Clause 27.1 23.4 The inner envelopes containing the Price Bid shall bear a warning not to open until advised by the Employer in accordance with ITB Sub-Clause 27.7. 23.5. Alternative Bids, if permissible in accordance with ITB Clause 13, shall be prepared, sealed, marked, and delivered in accordance with the provisions of ITB Clauses 20 and 21, with the inner envelopes marked in addition “ALTERNATIVE NO..." as appropriate. 236 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. ee vopera af LPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 24, Deadline for 24.1 Bids must be received by the Employer at the address and no ‘Submission of later than the date and time indicated in the BDS. Bids 24.2 The Employer may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 8, in which case all rights and obligations ofthe Employer and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended. 25. Late Bids 25.1. The Employer shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB 24, Any bid received by the Employer after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder. 26. Withdrawal, 26.1 A Bidder may withdraw, substitute, or modify its bid after it has Substitution, and been submitted by sending a written notice, duly signed by an Modification of authorized representative, and shall include a copy of the Bids authorization in accordance with ITB 22.2, (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: (@) prepared and submitted in accordance with ITB 22 and ITB 23 (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 24 26.2. Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned unopened to the Bidders. 26.3 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 Technical Bid or any extension thereof. 27.1 The Employer shall conduct the opening of Technical Bids in the presence of Bidders’ designated representatives who choose to attend, and at the address, date and time specified in the BDS. Any specific electronic bid opening procedures required if electronic bidding is permitted in accordance with ITB Sub-clause 23.1, shall be as specified in the BDS. The Price Bids will remain unopened and will be held in custody of the Employer until the specified time of their opening. If the ‘Technical Bid and the Price Bid are submitted together in one envelope, the Employer may reject the entire Bid Bangladesh-China Renewable Energy Company (Pvt) Limited Page 18 of 27 ho LPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 272 273 274 275 276 Alternatively, the Price Proposal may be immediately resealed for later evaluation. 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. ‘Second, outer envelopes marked “SUBSTITUTION” shall be opened. The inner envelopes containing the Substitution Technical Bid and/or Substitution Price Bid shall be exchanged for the corresponding envelopes being substituted, which are to be returned to the Bidder unopened. Only the Substitution Technical Bid, if any, shall be opened, read out, and recorded. ‘Substitution Price Bid will remain unopened in accordance with ITB Sub-Clause 27.1. No envelope shall be substituted unless the corresponding Substitution Notice contains a valid authorization to request the substitution and is read out and recorded at bid opening Next, outer envelopes marked "MODIFICATION" shall be ‘opened. No Technical Bid and/or Price Bid shall be modified unless the corresponding Modification Notice contains a valid authorization to request the modification and is read out and recorded at the opening of Technical Bids. Only the Technical Bids, both Original as well as Modification, are to be opened, read out, and recorded at the opening. Price Bids, both Original as well as Modification, will remain unopened in accordance with ITB Sub-Clause 27.1 All other envelopes holding the Technical Bids shall be opened one at a time, and the following read out and recorded: (2) the name of the Bidder; (b) whether there is a modification or substitution; (©) the presence of a Bid Security, if required; and (d) any other details as the Employer may consider appropriate. Only Technical Bids and alternative Technical Bids read out and recorded at bid opening shall be considered for evaluation No Bid shall be rejected at the opening of Technical Bids except for late bids, in accordance with ITB Sub-Clause 25.1 The Employer shali 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; and alternative proposals; and the presence or “x China Renewable Energy Company (Pvt) Limited Page 19 of 27 aN” LPayra 20MW Wind Farm ‘Section | ~ Instructions to Bidders (ITB) absence of a bid security or a bid securing deciaration, if one was required. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder's signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders who submitted bids in time and posted online when electronic bidding is permitted 27.7 At the end of the evaluation of the Technical Bids, the Employer will invite bidders who have subrritted 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 Employer. Bidders shall be given reasonable notice of the opening of Price Bids. 27.8 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, 27.9 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. 27.10 All envelopes containing Price Bids shall be opened one at a time and the following read out and recorded: (a) the name of the Bidder; (b) whether there is a modification or substitution; (©) the Bid Prices, including any discounts and alternative offers; and (@) any other details as the Employer may consider appropriate Only Price Bids, discounts, and alternative offers read out and recorded during the opening of Price Bids shall be considered {or evaluation. No Bid shall be rejected at the opening of Price Bids 27.11 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 offers. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall Bangladesh-China Renewable Energy Company (Pvt) Limited Page 20 of 27 a LPayra 20MW Wind Farm ‘Section I~ Instructions to Bidders (ITB) be distributed to all Bidders who submitted bids in time and posted online when electronic bidding is permitted. E. Evaluation and Comparison of Bids 28. Confidentiality 28.1 28.2 28.3 29. Clarificationof 29.1 Bids 23.2 30.1 Reservations, and Omissions 34. Preliminary 31.4 Examination of Technical Bids Information relating to the evaluation of bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concemed with such process until information on Contract award is communicated to all Bidders. 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. Notwithstanding ITB 28.2, from the time of bid opening to the time of Contract award, if any Bidder wishes to contact the Employer on any matter related to the bidding process, it should do so in writing, To assist in the examination, evaluation, and comparison of 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. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer's request for clarification and the response shall be in writing. No change in the substance of the Technical Bid or prices in the Price Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids, in accordance with ITB 36. Ifa 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 During the evaluation of bids, the following definitions apply: \eviation” is a departure from the requirements specified in the Bidding Document, (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and (©) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document, ‘The Employer shall examine the Technical Bid to confirm that all documents and technical documentation requested in ITB Sub-Clause 11.2 have been provided, and to determine the ro Renewable Energy Company (Pvt) Limited Page 21 of 27 e7 LPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 32, Responsiveness of Technical Bid 33. Nonmaterial Nonconformities 31.2 32.1 32.2 32.3 32.4 33.1 33.2 completeness of each document submitted. If any of these documents or information is missing, the Bid may be rejected ‘The Employer shall confirm that the following documents and information have been provided in the Technical Bid. If any of these documents or information is missing, the offer shall be rejected (a) Letter of Technical Bid; (b)_ written confirmation of authorization to commit the Bidder; (©) Bid Security, if applicable; and (4) Technical Proposal in accordance with ITB 17 ‘The Employer's determination of a bid's responsiveness is to be based on the contents of the bid itself, as defined in ITB11 A substantially responsive Technical Bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, (@) if accepted, would (i) affect in any substantial way the scope, quality, or performance of the plant and services specified in the Contract; or (ii) limit in any substantial way, inconsistent with the Bidding Document, the Employer's rights or the Bidder’s obligations under the proposed Contract; or (©) ifrectitied, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids. ‘The Employer shall examine the technical aspects of the Bid submitted in accordance with ITB 17, Technical Proposal, in particular to confirm that all requirements of Section 6 (Employer's Requirements) have been met without any material deviation or reservation. {fa bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation, reservation, or omission. Provided that a Bid is substantially responsive, the Employer may waive any nonconformities inthe bid that do not constitute ‘@ material deviation, reservation or omission. 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 Bangladesh-China Renewable Energy Company (Pvt) Limited Page 22 of 27 oh xPayra 20MW Wind Farm Section | - Instructions to Bidders (ITB) 34. Detailed Evaluatio1 Technical Bids Qualification of n of the Bidder 333 35.1 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 Bid, Failure of the Bidder to comply with the request may result in the rejection of its Bid Provided that a Bid is substantially responsive, the Employer shall rectify 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 indicated in Section 3 (Evaluation and Qualification Criteria) The Employer will carry out a detailed technical evaluation of the bids not previously rejected as being substantially non- responsive, in order to determine whether the technical aspects are in compliance with the Bidding Document. In order to reach such a determination, the Employer will ‘examine and compare the technical aspects of the bids on the basis of the information supplied by the bidders, taking into account the following: (a) overall completeness and compliance with the Employer's Requirements; deviations from the Employer's Requirements; conformity of the plant and services offered with specified performance criteria; suitability of the plant and services offered in relation to the environmental and climatic conditions prevailing at the site; and quality, function and operation of any process control concept included in the bid. The bid that does not meet minimum acceptable standards of completeness, consistency and detail will be rejected for nonresponsiveness; (b) type, quantity and long-term availability of mandatory and recommended spare parts and maintenance services; and (©) other relevant factors, if any, listed in Section 3 (Evaluation and Qualification Criteria), Where altermative technical solutions have been allowed in accordance with ITB 13, and offered by the Bidder, the Employer will make a similar evaluation of the alternatives ‘Where alternatives have not been allowed but have been offered, they shall be ignored. The Empioyer shall determine to its satisfaction during the evaluation of Technical Bids whether a Bidder meets the ak Renewable Energy Company (Pvt) Limited Page 23 of 27 ve ZzPayra 20MW Wind Farm ‘Section I~ Instructions to Bidders (ITB) 36. Correction of Arithmetical Errors 35.2 35.3 35.4 36.1 eligibility and qualifying criteria specified in Section 3 (Evaluation and Qualification Criteria) The determination shall be based upon an examination of the documentary evidence of the Bidder's qualifications submitted by the Bidder, pursuant to ITB 15. An affirmative determination shall be a prerequisite for the opening and evaluation of a Bidder’s Price Bid. A negative determination shall result into the disqualification of the Bid, in which event the Employer shall return the unopened Price Bid to the Bidder. The capabilities of the manufacturers and subcontractors proposed in its Bid to be used by the Bidder will also be evaluated for acceptability in accordance with Section 3 (Evaluation and Qualification Criteria). Their participation should be confirmed with a letter of intent between the parties, as needed. Should a manufacturer or subcontractor be determined to be unacceptable, the Bid will not be rejected, but the Bidder will be required to substitute an acceptable manufacturer or subcontractor without any change to the bid price. Prior to signing the Contract, the corresponding Appendix to the Contract Agreement shall be completed, listing the approved manufacturers or subcontractors for each item concemed, During the evaluation of Price Bids, the Employer shall correct arithmetical errors on the following basis: (2) where there are errors between the total of the amounts given under the column for the price breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly; (b) where there are errors between the total of the amounts of Schedule Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand Summary), the former shall prevail and the latter will be corrected accordingly; and (0) 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 arithmetical error, in which case the amount in figures shall prevail subject to (2) and (b) above. If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its bid shall be disqualified and its bid security may be forfeited or its bid securing declaration executed, Bangladesh-China Renewable Energy Company (Pvt) Limited Page 24 of 27 Aree ZLPayra 20MW Wind Farm, Section | - Instructions to Bidders (ITB) 37. Conversion to Single Currency 38. Margin of Preference 39. Evaluation of Price Bids 37.4 38.1 39.1 39.2 39.3 39.4 39.5 For evaluation and comparison purposes, the currency(ies) of the bid shall be converted into a single currency as specified in the BDS Unless otherwise specified in the BDS, a margin of preference shall not apply. ‘The Employer shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted. 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 Price Schedules; (b) price adjustment for correction of arithmetical errors in accordance with ITB 36.1; (c) price adjustment due to discounts offered in accordance with ITB 18.7; (a) converting the amount resulting from applying (a) to (c) above, if relevant, toa single currency in accordance with 178 37; and (e) the evaluation factors indicated in Section 3 (Evaluation and Qualification Criteria) If price adjustment is allowed in accordance with ITB 186, 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 If this Bidding Document allows Bidders to quote separate prices for different lots (contracts), and the award to a single Bidder of multiple 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 3 (Evaluation and Qualification Criteria). 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 Price ‘Schedules, to demonstrate the internal consistency of those prices with the methods and time schedule proposed. After evaluation of the price analyses, taking into consideration the terms of 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 “ae Renewable Energy Company (Pvt) Limited Page 25 of 27 ar L