Flight Inspection Flight Check for Herat and Mazar-E- Sharif Airports

A.        General

1. Scope of the Bid

1. The Employer, as defined in the Bidding Data Sheet (BDS), invites bids for the Services, as described in the Appendix A to the Contract.  The name and identification number of the Contract is provided in the BDS.

1. The successful Bidder will be expected to complete the performance of the Services by the Intended Completion Date provided in the BDS.

1. Source of Funds

1. The Employer guarantees that adequate public funds have been budgeted and allotted and are also available for managing the procurement proceedings toward the cost of the project as specified in the BDS.  The Purchaser intends to apply a portion of the public funds as identified in the BDS, to eligible payments under the contract for which this Bidding Documents are issued.

1. For the purpose of this provision, “public funds” defines any monetary resources appropriated to procuring entities under Government budget, or revenues generated by statutory bodies and corporations or aid grants and credits put at the disposal of procuring entities by the development partners through the Government.

1. Eligible Bidders

1. This Invitation for Bids is open to all bidders from eligible countries.   Any materials, equipment, and Services to be used in the performance of the Contract shall have their origin in eligible source countries.

1. All bidders shall provide in Section 3, Bidding Forms, a statement that the Bidder (including all members of a joint venture and subcontractors) is not associated, nor has been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Project Manager for the Contract.  A firm that has been engaged by the Procuring Entity to provide Consultant Services for the preparation or supervision of the Services, and any of its affiliates, shall not be eligible to bid.

1. Government-owned enterprises in the Islamic Republic of Afghanistan may only participate if they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Employer.

1. It is strictly prohibited to make any withdrawal from the project budget for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the GoA, is prohibited by a decision of the United Nations Security Council, taken under Chapter VII of the Charter of the United Nations.

1. Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Islamic Republic of Afghanistan in accordance with ITB Sub-Clause 37.1

1. Qualification of the Bidder

1. All bidders shall provide in Section 3, Bidding Forms, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.

1. All bidders shall include the following information and documents with their bids in Section 3, unless otherwise stated in the BDS:

1. copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidder;
2. total monetary value of Services performed for any of the last five (5) years;
3. experience in Services of a similar nature and size for any of the last five (5) years, and details of Services under way or contractually committed; and names and address of clients who may be contacted for further information on those contracts;
4. list of major items of equipment proposed to carry out the Contract;
5. qualifications and experience of key site management and technical personnel proposed for the Contract;
6. reports on the financial standing of the Bidder, such as profit and loss statements and auditor’s reports for the past five (5) years;
7. evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources);
8. authority to the Employer to seek references from the Bidder’s bankers;
9. information regarding any litigation, current or during the last five (5) years, in which the Bidder is involved, the parties concerned, and disputed amount; and
10. proposals for subcontracting components of the Services amounting to more than ten (10) percent of the Contract Price.

1. Bids submitted by a joint venture of two (2) or more firms as partners shall comply with the following requirements, unless otherwise stated in the BDS:

1. the Bid shall include all the information listed in ITB Sub-Clause 4.2 above for each joint venture partner;
2. the Bid shall be signed so as to be legally binding on all partners;
3. the Bid shall include a copy of the agreement entered into by the joint venture partners defining the division of assignments to each partner and establishing that all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;
4. one (1) of the partners shall be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and
5. the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge.

1. To qualify for award of the Contract, bidders shall meet the following minimum qualifying criteria:

1. annual volume of Services of at least the amount specified in the BDS;
2. experience as prime contractor in the provision of at least two (2) service contracts of a nature and complexity equivalent to the Services over the last five (5) years (to comply with this requirement, Services contracts cited should be at least seventy (70) percent complete) as specified in the BDS;
3. proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed in the BDS;
4. Contract Manager with five (5) years’ experience in Services of an equivalent nature and volume, including no less than three years as Manager; and
5. liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than the amount specified in the BDS.

A consistent history of litigation or arbitration awards against the Applicant or any partner of a Joint Venture may result in disqualification.

1. The figures for each of the partners of a joint venture shall be added together to determine the Bidder’s compliance with the minimum qualifying criteria of ITB Sub-Clause 4.4(a), (b) and (e); however, for a joint venture to qualify the partner in charge must meet at least forty (40) percent of those minimum criteria for an individual Bidder and other partners at least twenty-five (25) percent of the criteria.  Failure to comply with this requirement will result in rejection of the joint venture’s Bid.  Subcontractors’ experience and resources will not be taken into account in determining the Bidder’s compliance with the qualifying criteria, unless otherwise stated in the BDS.

1. One Bid per Bidder

1. Each Bidder shall submit only one (1) Bid, either individually or as a partner in a joint venture.  A Bidder who submits or participates in more than one (1) Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder’s participation to be disqualified.

1. Cost of bidding

1. The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible or liable for those costs.

1. Site Visit

1. The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and examine the Site of required Services and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for the Services.  The costs of visiting the Site shall be at the Bidder’s own expense.

B.        Bidding Documents

1. Content of Bidding Documents

1. The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with ITB Clause 10:

Section 1        Instructions to Bidders

Section 2        Bidding Data Sheet

Section 3        Bidding Forms

Section 4        Eligible Countries

Section 5        Activity Schedule

Section 6        General Conditions of Contract

Section 7        Special Conditions of Contract

Section 8        Performance Specifications and Drawings (if applicable)

Section 9        Contract Forms

1. The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding documents.  Failure to furnish all information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in the rejection of its bib.  Sections 3, 5, and 9 should be completed and returned with the Bid in the number of copies specified in the BDS.

1. Clarification of Bidding Documents

1. A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing or by email at the Employer’s address indicated in the invitation to bid.  The Employer will respond to any request for clarification received earlier than fourteen (14) days prior to the deadline for submission of bids.  Copies of the Employer’s response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry, but without identifying its source.

1. Amendment of Bidding Documents

1. Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.

1. Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by email to all purchasers of the bidding documents.  Prospective bidders shall acknowledge receipt of each addendum by email to the Employer.

1. To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of bids, in accordance with ITB Sub-Clause 20.2 below.

C.        Preparation of Bids

1. Language of the Bid

1. The bid prepared by the Bidder, 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 furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the Bidding Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern.

1. Document Comprising the Bid

1. The Bid submitted by the Bidder shall comprise the following:

1. The Form of Bid (in the format indicated in Section 3);
2. Bid Security;
3. Priced Activity Schedule;
4. Qualification Information Form and Documents;
5. Alternative offers where invited; and
6. Any other materials required to be completed and submitted by bidders, as specified in the BDS.

1. Bidders bidding for this contract together with other contracts stated in the IFB to form a package will so indicate in the bid together with any discounts offered for the award of more than one contract.

1. Bid Prices

1. The Contract shall be for the Services, as described in Appendix A to the contract and in the Specifications, Section 8, based on the priced Activity Schedule, Section 5, submitted by the Bidder.

1. The Bidder shall fill in rates and prices for all items of the Services described in the in Specifications (or Terms of Reference), Section 8 and listed in the Activity Schedule, Section 5.  Items for which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Activity Schedule.

1. All duties, taxes, and other levies payable by the  Service Provider 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 total Bid price submitted by the Bidder.

1. If provided for in the BDS, the rates and prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract in accordance with and the provisions of Clause 6.6 of the General Conditions of Contract and/or Special Conditions of Contract.  The Bidder shall submit with the Bid all the information required under the Special Conditions of Contract and of the General Conditions of Contract.

1. For the purpose of determining the remuneration due for additional Services, a breakdown of the lump-sum price shall be provided by the Bidder in the form of Appendices D and E to the Contract.

1. Currencies of Bid and Payment

1. The lump sum price shall be quoted by the Bidder separately in the following currencies:

1. for those inputs to the Services which the Bidder expects to provide from within the Employer’s country, the prices shall be quoted in the currency of the Employer’s country, unless otherwise specified in the BDS; and
2. for those inputs to the Services which the Bidder expects to provide from outside the Employer’s country, the prices shall be quoted in up to any three currencies of international use.

1. Bidders shall indicate details of their expected foreign currency requirements in the Bid.

1. Bidders may be required by the Employer to justify their foreign currency requirements and to substantiate that the amounts included in the Lump Sum are reasonable and responsive to ITB Sub-Clause 14.1.

1. Bid Validity

1. Bids shall remain valid for the period specified in the BDS.

1. In exceptional circumstances, the Employer may request that the bidders extend the period of validity for a specified additional period.  The request and the bidders’ responses shall be made in writing or by email.  A Bidder may refuse the request without forfeiting the Bid Security.  A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid, but will be required to extend the validity of Bid Security for the period of the extension, and in compliance with ITB Clause 16 in all respects.

1. In the case of contracts in which the Contract Price is fixed (not subject to price adjustment), if the period of bid validity is extended by more than sixty (60) days, the amounts payable in local and foreign currency to the Bidder selected for award, shall be increased by applying to both the local and the foreign currency component of the payments, respectively, the factors specified in the request for extension, for the period of delay beyond sixty (60) days after the expiry of the initial bid validity, up to the notification of award.  Bid evaluation will be based on the Bid prices without taking the above correction into consideration.

1. Bid Security

1. The Bidder shall furnish, as part of the Bid, a Bid Security or a Bid-Securing Declaration, if required, as specified in the BDS.

1. The Bid Security shall be in the amount specified in the BDS and denominated in the currency of the Employer’s Country or a freely convertible currency, and shall:

1. at the bidder’s option, be in the form of either a letter of credit, or a bank guarantee from a banking institution;
2. be issued by a reputable institution selected by the bidder and located in any eligible country;
3. be substantially in accordance with one of the forms of Bid Security included in Section 9, Contract Forms, or other form approved by the Employer prior to bid submission;
4. be payable promptly upon written demand by the Employer in case the conditions listed in ITB Sub-Clause 16.5 are invoked;
5. be submitted in its original form; copies will not be accepted;
6. remain valid for a period of twenty-eight (28) days beyond the validity period of the bids, as extended, if applicable, in accordance with ITB Sub-Clause 15.2.

1. If a Bid Security or a Bid- Securing Declaration is required in accordance with ITB Sub-Clause 16.1, any bid not accompanied by a substantially responsive Bid Security or Bid Securing Declaration in accordance with ITB Sub-Clause 16.1, shall be rejected by the Employer as non-responsive.

1. The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB Clause 34.

1. The Bid Security may be forfeited or the Bid Securing Declaration executed:

1. if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Form, except as provided in ITB Sub-Clause 15.2; or
   
2. if a Bidder refuses to accept a correction of an arithmetical error appearing on the face of the bid;
3. if a Bidder had provided bogus information about his/her eligibility;
4. if the successful Bidder fails to:

1. sign the Contract in accordance with ITB Clause 33;
2. furnish a Performance Security in accordance with ITB Clause 34.

1. The Bid Security or Bid- Securing Declaration of a JV must be in the name of the JV that submits the bid.  If the JV has not been legally constituted at the time of bidding, the Bid Security or Bid-Securing Declaration shall be in the names of all future partners as named in the letter of intent to constitute the JV.

1. Alternative Proposals by Bidders

1. Unless otherwise indicated in the BDS, alternative bids shall not be considered.

1. 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.

1. Except as provided under ITB Sub-Clause 17.4 below, bidders wishing to offer technical alternatives to the requirements of the bidding documents must first submit a Bid that complies with the requirements of the bidding documents, including the scope, basic technical data, graphical documents and specifications.  In addition to submitting the basic Bid, the Bidder shall provide all information necessary for a complete evaluation of the alternative by the Employer, including calculations, technical specifications, breakdown of prices, proposed work methods 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.  Alternatives to the specified performance levels shall not be accepted.

1. When bidders are permitted in the BDS to submit alternative technical solutions for specified parts of the Services, such parts shall be described in the Specifications (or Terms of Reference) and Drawings, Section 8.  In such case, the method for evaluating such alternatives will be as indicated in the BDS.

1. Format and Signing of Bid

1. The Bidder shall prepare one original of the documents comprising the Bid as described in ITB Clause 12 of these Instructions to Bidders, bound with the volume containing the Form of Bid, and clearly marked “Original”.  In addition, the Bidder shall submit copies of the Bid, in the number specified in the BDS, and clearly marked as “Copies”.  In the event of discrepancy between them, the original shall prevail.

1. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to Sub-Clauses 4.2(a) or 4.3(b), as the case may be.  All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid.

1. The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which case such corrections shall be  initialed by the person or persons signing the Bid.

D.        Submission of Bids

1. Sealing and Marking the Bids

1. The Bidder shall seal the original and all copies of the Bid in two inner envelopes and one outer envelope, duly marking the inner envelopes as “Original” and “Copies”.

1. The inner and outer envelopes shall:

1. be addressed to the Employer at the address provided in the BDS;
2. bear the name and identification number of the Contract as defined in the BDS and  Special Conditions of Contract; and
3. provide a warning not to open before the specified time and date for Bid opening as defined in the BDS.

1. In addition to the identification required in ITB Sub-Clause 19.2, the inner envelopes shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late, pursuant to ITB Clause 21.

1. If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

1. Deadline for submission of Bids

1. Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the BDS.

1. The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with ITB Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

1. Late Bids

1. Any Bid received by the Employer after the deadline prescribed in ITB Clause 20 will be returned unopened to the Bidder.

1. Modification and Withdrawal of Bid

1. Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in ITB Clause 20.

1. Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with ITB Clauses 18 and 19, with the outer and inner envelopes additionally marked “Modification” or “Withdrawal”, as appropriate.

1. No Bid may be modified after the deadline for submission of Bids.

1. Withdrawal of a Bid between the deadline for submission of bids and the expiration of the period of Bid validity specified in the BDS or as extended pursuant to ITB Sub-Clause 15.2 may result in the forfeiture of the Bid Security pursuant to ITB Clause 16.

1. Bidders may only offer discounts to, or otherwise modify the prices of their bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission.

E.        Bid Opening and Evaluation

1. Bid Opening

1. The Employer will open the bids, including modifications made pursuant to ITB Clause 22, in the presence of the bidders’ representatives who choose to attend at the time and in the place specified in the BDS.

1. Envelopes marked “Withdrawal” shall be opened and read out first.  Bids for which an acceptable notice of withdrawal has been submitted pursuant to ITB Clause 22 shall not be opened.

1. The bidders’ names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, the presence or absence of Bid Security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening.  No bid shall be rejected at bid opening except for the late bids pursuant to ITB Clause 21; Bids, and modifications, sent pursuant to ITB Clause 22 that are not opened and read out at bid opening will not be considered for further evaluation regardless of the circumstances.  Late and withdrawn bids will be returned unopened to the bidders.

1. The Employer will prepare minutes of the Bid opening, including the information disclosed to those present in accordance with ITB Sub-Clause 23.3.

1. Process to be Confidential

1. Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder is notified of the award.  Any effort by a Bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of his Bid.

1. If, after notification of award, a bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Employer, who will provide written explanation.  Any request for explanation from one bidder should relate only to its own bid; information about the bid of competitors will not be addressed.

1. Clarification of Bids

1. To assist in the examination, evaluation, and comparison of bids, the Employer may, at the Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid, including breakdowns of the prices in the Activity Schedule, and other information that the Employer may require.  The request for clarification and the response shall be in writing or by email, telex, or facsimile, but no change in the price or substance of the Bid shall be sought, offered, except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with ITB Clause 27.

1. Subject to ITB Sub-Clause 25.1, no Bidder shall contact the Employer on any matter relating to its bid from the time of the bid opening to the time the contract is awarded.  If the Bidder wishes to bring additional information to the notice of the Employer, he should do so in writing.

1. Any effort by the Bidder to influence the Employer in the Employer’s bid evaluation or contract award decisions may result in the rejection of the Bidder’s bid.

1. Examination of Bids and Determination of Responsiveness

1. Prior to the detailed evaluation of bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in ITB Clause 3; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the bidding documents.

1. A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation.  A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Services; (b) which limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

1. If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

1. Correction of Errors

1. Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors.  Arithmetical errors will be rectified by the Employer on the following basis: if there is a discrepancy between unit prices 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; 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; if there is a discrepancy between the amounts in figures and in words, the amount in words will prevail.

1. The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder.  If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid Security may be forfeited in accordance with ITB Sub-Clause 16.5(b).

1. Currency for Bid Evaluation

1. The Employer will convert the amounts in various currencies in which the Bid Price, corrected pursuant to ITB Clause 27, is payable (excluding Provisional Sums but including Day work where priced competitively) to either:

1. the currency of the Employer’s country at the selling rates established for similar transactions by the authority specified in the BDS on the date stipulated in the BDS, for the amount payable in the currency of the Employer’s country;

or

1. a currency widely used in international trade, such as the Euro or U.S. dollar, stipulated in the BDS, at the selling rate of exchange published in the international press as stipulated in the BDS on the date stipulated in the BDS, for the amounts payable in foreign currency;

1. Evaluation and Comparison of Bids

1. The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with ITB Clause 26.

1. In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price by adjusting the Bid price as follows:

1. making any correction for errors pursuant to ITB Clause 27;
2. excluding provisional sums and the provision, if any, for contingencies in the Activity Schedule, Section 5, but including Day work, when requested in the Specifications (or Terms of Reference) Section 8;
3. making an appropriate adjustment for any other acceptable variations, deviations, or alternative offers submitted in accordance with ITB Clause 17; and
4. making appropriate adjustments to reflect discounts or other price modifications offered in accordance with ITB Sub-Clause 22.5.

1. The Employer reserves the right to accept or reject any variation, deviation, or alternative offer.  Variations, deviations, and alternative offers and other factors, which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in Bid evaluation.

1. The estimated effect of any price adjustment conditions under Sub-Clause 6.6 of the General Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation.

1. Preference for Domestic Bidders

1. Domestic bidders shall not be eligible for any margin of preference in Bid evaluation.

F.        Award of Contract

1. Award Criteria

1. Subject to ITB Clause 32, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of ITB Clause 3, and (b) qualified in accordance with the provisions of ITB Clause 4.

1. If, pursuant to ITB Sub-Clause 12.2 this contract is being let on a “slice and package” basis, the lowest evaluated Bid Price will be determined when evaluating this contract in conjunction with other contracts to be awarded concurrently, taking into account any discounts offered by the bidders for the award of more than one contract.

1. Employer’s Right to Accept any Bid and to Reject any or all Bids

1. Notwithstanding ITB Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Employer’s action.

1. Notification of Award and Signing of Agreement

1. The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by email, telex, or facsimile confirmed by registered letter from the Employer.  This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will state the sum that the Employer will pay the Service provider in consideration of the execution, completion, and maintenance of the Services by the Service provider as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).

1. The notification of award will constitute the formation of the Contract.

1. The Contract, in the form provided in the bidding documents, will incorporate all agreements between the Employer and the successful Bidder.  It will be signed by the Employer and sent to the successful Bidder along with the Letter of Acceptance.  Within twenty-one (21) days of receipt of the Contract, the successful bidder shall sign the Contract and return it to the Employer, together with the required performance security pursuant to Clause 34.

1.         Upon fulfillment of ITB Sub-Clause 33.3, the Employer will promptly notify the unsuccessful Bidders the name of the winning Bidder and that their bid security will be returned as promptly as possible.

1. If, after notification of award, a bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Employer.  The Employer will promptly respond in writing to the unsuccessful Bidder.

1. Performance Security

1. Within twenty-one (21) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Security in the amount and in the form stipulated in the BDS, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the General Conditions of Contract.

1. The Performance Security provided by the successful Bidder in the form of a Bank Guarantee, shall be issued either (a) at the Bidder’s option, by a bank located in the country of the Employer or a foreign bank through a correspondent bank located in the country of the Employer, or (b) with the agreement of the Employer directly by a foreign bank acceptable to the Employer.

1. Failure of the successful Bidder to comply with the requirements of ITB Sub-Clause 34.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.

1. Advance Payment and Security

1. The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to the amount stated in the BDS.

1. Adjudicator

1. The Employer proposes the person named in the BDS to be appointed as Adjudicator under the Contract, at an hourly fee specified in the BDS, plus reimbursable expenses.  If the Bidder disagrees with this proposal, the Bidder should so state in the Bid.  If, in the Letter of Acceptance, the Employer has not agreed on the appointment of the Adjudicator, the Adjudicator shall be appointed by the Appointing Authority designated in the Special Conditions of Contract at the request of either party.

1. Corrupt and Fraudulent Practices

1. It is the Government’s policy to require that Purchasers, as well as Bidders, Suppliers, and Contractors and their subcontractors under Government-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts^[1].  In pursuance of this policy, the Government:

1. Defines, for the purpose of this provision, the terms set forth as follows:

1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party^[2];
2. “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party^[3] to obtain a financial or other benefit or to avoid an obligation;
3. “collusive practice” is an arrangement between two or more parties^[4] designed to achieve an improper purpose, including to influence improperly the actions of another party;
4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party^[5] or the property of the party to influence improperly the actions of a party;
5. “obstructive practice” is:

• Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
• Acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under sub-clause 3.1(e) below.

1. will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;
2. will sanction and prosecute any procurement official if it finds out that at any time that representative of the procuring entity engaged in corrupt, fraudulent, collusive, or practices during the procurement or the execution of the contract, without the procuring entity having taken timely and appropriate action satisfactory to the Government to address such practices when they occur;
3. will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a GoA financed contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive  practices in competing for, or in executing, a GoA financed contract; and
4. will have the right to require that a provision be included in bidding documents and in contracts financed by the entity, requiring Bidders, suppliers, and contractors and their sub-contractors to permit the Government to inspect their accounts and records and other documents relating to the Bid submission and contract performance and to have them audited by auditors appointed by the Government.

1. Furthermore, Bidders shall be aware of the provision stated in Sub-Clauses 1.7 and 2.6.1 of the General Conditions of Contract.