1

STANDARD BIDDING DOCUMENT

PROCUREMENT OF GENERAL GOODS NATIONAL C OMPETITIVE BIDDING

NPA/Goods/SBD 01

Section I Instructions to Bidders

Section I Instructions to Bidders

Section I. Instructions to Bidders (ITB)

ITB shall be read in conjunction with the Section II, Bidding Data Sheet (BDS), which shall take precedence over ITB.

1. Scope of Bid

Genera l
1.1 The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section V, Schedule of Requirements. The name and identification number of this procurement are specified in the BDS. The name, identification, and number of lots (individual contracts), if any, are provided in the BDS.

12 Throughout these Bidding Documents:

2. Source of Funds

3. Ethics, Fraud and Corruption

(1) the term in writing means communicate d in written form by mail (other than electronic mail) or hand delivered with proof of receipt; (2) if the context so requires, singular means plural and vice versa; and (3) day means calendar day. 21 Payments under this contract will be financed

by the source specified in the BDS.

31 The attention of the bidders is drawn to the following guidelines of the Procurement Guidelines published by National Procurement Agency:
0 Parties associated with Procurement Actions, namely, suppliers/contractors and officials shall ensure that they maintain strict confidentiality throughout the process;
0 Officials shall refrain from receiving any personal gain from any Procurement Action. No gifts or inducement shall be accepted. Suppliers/contractors are liable to be disqualified from the bidding process if found offering any gift or inducement which may have an effect of influencing a decision or impairing the objectivity of an official.

procurement and execution of such contracts. In pursuit of this policy:

(1) corrup t practice means the offering , giving, receivin g, or solicitin g, directly or indirectl y, of anythin g of value to influenc e the action of a public

32 The Purchaser suppliers, consultants to standard of

requires the bidders, contractors, and observe the highest ethics during the

Section I Instructions to Bidders

official in the procurement process or in contract execution;

2) fraudulent practice means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract; 3) collusive practice means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser to establish bid prices at artificial, noncompetitive levels; and 4) coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract.

3.3 If the P urchaser found a ny unethical pra ctices as stipulated under ITB C lause 3.2, the Purchaser w ill reject a bid, if it is fou nd tha t a B idder directly o r th ro ugh an a gent, en ga ged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract in question. Eligible 4 . Bidders All bidders shall possess legal rights to supply the 4.1 G oods under this contract. A Bidder shall not have a conflict of interest. All 4.2 bidders found to have conflict of interest shall be disqualified. Bidders m ay be considered to have a conflict of interest with one or more parties in this bidding process, if they: are or have been associated in the past, w ith a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other docum ents to be used for the procurem ent of the goods to be purchased under these Bidding Documents ; or subm it m ore than one bid in this bidding (b) process. However, this does not lim it the participation of subcontractors in more than one bid. A Bidder that is under a declaration of ineligibility by 4.3 the National Procurement Agency (NPA), at the date (a)

of sub m issio n o f bids o r at th e da te o f co ntra ct aw ard, sha ll b e disqualified. The list of debarred firms is available at the website of NPA, www.npa.gov.lk . 4.4 Foreign B idder m ay subm it a bid only if so stated in the in

Section I Instructions to Bidders the BDS. Eligible 5. Goods and Related Services 5.1

All goods supplied under this contract shall be com plied with applicable standards stipulated by the Sri Lanka S ta n d a rd Institute In the absence s (SLSI). of such standards, the Goods supplied shall be com plied to other internationally accepted standards.

Contents of Bidding Documents

6. Sections of Bidding Documents 6.1 w hic The Bidding Documents consist of 2 Volumes,h inclu de all th e section s in dica ted belo w , a nd sh ou ld be read in conjunction with any addendum issued in accordance with ITB Clause 8.

Volume 1
Section I. Instructions to B idders (ITB) Section VI. Conditions of Contract (CC) Section VIII. Contract Forms

Volume 2
0 Section II. Bidding Data Sheet (BDS)
0 Section III. Evaluation and Qualification Criteria

0 Section IV. Bidding Forms 0 Section V. Schedule of Requirements 0 Section VII. Contract Data 0 Invitation For Bid

Section I Instructions to Bidders

62 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the bid. 7. Clarification of 7.1 Bidding Documents A prospective Bidder requiring any clarification of the Bidding Docum ents including the restrictiveness of specifications shall contact the Purchaser in w riting at the Purchasers address specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is receiv ed no la ter tha n ten (10) days prior to the deadline for submission of bids. The Purchaser shall forw ard copies of its response to all those who have purchased the Bidding Docum ents, including a description of the inquiry but w ithout identifying its source. Should the Purchaser deem it necessary to am end the B idding D ocum ents as a result of a clarification, it shall do so following the procedure under ITB Clause 8. A t a ny tim e prior to the dea dline for subm ission of bids, the Purchaser m ay am end the Bidding Docum ents by issuing ad d e n d u m . Any addendum issued shall be part of the Bidding D ocum ents a nd sha ll be com m unicated in w riting to a ll w ho have purchased the Bidding Docum ents. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the P urchaser m a y, a t its discretion, extend the dea dlin e for the subm ission of bids, pursuant to ITB Sub-Clause 23.2

8. Amendment of 8.1 Bidding Documents 8.2

8.3

Preparation of Bids
Cost of 9. Bidding 9.1 The Bidder shall bear all costs associated with the preparation and subm ission of its bid, and the Purchaser sha ll n ot b e respo nsib le o r liab le for th ose co sts, regardless of the conduct or outcome of the bidding process. The B id, a s w ell a s a ll correspondence and docum ents

10. Language of

10. 1

Bid

11. Documents Comprising the Bid

11. 1

relating to the Bid (including supporting docum ents and printed literature) exchanged by the Bidder and the Purchaser, shall be written in English language. The B id shall com prise the follow ing: S u b m is s io For th applicabl (a) Bid n m and e e Price Schedules, in accordance with ITB Clauses 12, 14, and 15; (b) D eclaration Bid Security or B id-S ecu rin g , in

Section I Instructions to B idders

7 accordance with ITB Clause 20; docum entary evidence in accordance with ITB Clauses 18 and 29, that the Goods and Related Services conform to the Bidding Documents; docum entary evidence in accordance w ith ITB C lause 18 establishing the B idders qualifications to perform the contract if its bid is accepted; and

(c) (d )

12. Bid Submission Form and Price Schedules

(e) any other docum ent required in the BDS. The B idder shall subm it the B id Subm ission Form using 12.1 the form furnished in Section IV, Bidding This Forms. form m ust b e com pleted w ith ou t an y altera tion s to its form at, an d no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

13. Alternative Bids

13.1 Alternative bids shall not be considered.

14. Bid Prices and 14.1 T h e B id d e r s h a ll in d ic ate o n th e P ric e S c h e d u le th e u n it p ric e s Discounts an d to tal b id p rices o f th e g o od s it p ro p o ses to s up p ly u n de r the Contract. Any discount offered against any single item in the 14.2 price schedule shall be included in the unit price of the item. However, a Bidder wishes to offer discount as a lot the b idder m ay do so b y in dica tin g su ch am ou nts a pp rop ria tely. 14.3 If so indicated in ITB Sub-C lause 1.1, bids are being invited for individual contracts (lots) or for any combination of c o n tra c t (packages) s . Unless otherwise indicated in the B DS, prices quoted shall correspond to 100 % of the item s specified for each lot and to 100% of the quantities specified for each item of a lot. Bidders wishing to offer any price reduction (discount) for the award of m ore than one Contract shall specify the applicable price reduction separately..

14.4 (i) Prices indicated on the Price Schedule shall include all d u ties an d sales an d o the r taxe s alread y p aid or p ayab le by the Supplier: (a) on com ponents and raw m aterial used in the m a n u fac tu re o r a s s e m b ly of g o o d s q u o te d ; o r o n th e p revio u sly im p o rted g o o ds of fo reig n (b) o rigin . 2) However, VAT shall not be included in the price but shall be indicated separately;

Section I Instructions to B idders (iii) the price for inland transportation, insurance and other related services to deliver the goods to their final destination; (iv) the price of other incidental services . 14. 5 The Prices quoted by the Bidder shall be fixed during the B idder's p erfo rm an ce o f the C o ntract a nd no t su bject to varia tion on an y acco un t. A b id su bm itted w ith a n a dju stab le p ric e q u o ta tio n w ill b e tre a te d a s n o n -re s p o n s iv e an d re je c te d , pursuant to ITB Clause 31. 14.6 All lots, if any, and items must be listed and priced sepa rately in th e P rice S ch edu les. If a P rice S ch edu le sh ow s item s listed but not priced, their prices sha ll be assum ed to be included in the prices of other items. 15. 1 16. 1

15. Currencies of Bid 16. Documents Establishing the Eligibility of the Bidder 17. Documents Establishing the Conformity of the Goods and Related Services

Unless otherw ise stated in Bidding Data Sheet, the B idder shall quote in Sri Lankan Rupees and payment shall be payable only in Sri Lanka Rupees. To estab lish their eligib ility in a ccorda nce w ith ITB C la use 4, B idd ers sh all co m p le te th e B id S u b m issio n Fo rm , in clud ed in Section IV, Bidding Forms.

17. 1

To establish the conform ity of the G oods and Related S ervices to the B iddin g D o cu m ents, th e B idder sha ll furnish as part of its B id the docum entary evidence that the G oods conform to the technical specifications and standards specified in Section V, Schedule of Requirements. The docum entary evidence m ay be in the form of literature, drawings or data, and shall consist of a detailed item by item description (given in Section V, Technical Specifications) of the essential technical and perform ance characteristics of the G oods and Related Services, dem o nstratin g su bsta ntia l resp on siven ess o f th e G o o ds

17. 2

a nd Related Services to the technical specification, and if applicable, a statem ent of deviations and exceptions to the provisions of the Schedule of Requirements. 17. 3 The Bidder shall also furnish a list giving full particulars, inclu din g qu an tities, availa ble so urces an d current p rices o f spa re p arts, sp ecia l to ols, etc., n ecessa ry fo r the prop er a nd continuing functioning of the Goods during the period if specified in the BDS following com m encem ent of the use of the goods by the Purchaser.

Section I Instructions to Bidders 18. Documents Establishing the Qualifications of the Bidder

18.1 The docum entary evidence of the Bidders qua lifica tions to perform the contract if its bid is accepted shall establish to the Purchasers satisfaction:
1) A Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturers Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods;

(2) that, if required in the BDS, in case of a Bidder not doing business within Sri Lanka, the Bidder is or will be (if awarded the contract) represented by an Agent in Sri Lanka equipped and able to carry out the Suppliers maintenance, repair and spare partsstocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and

19. Period of Validity of Bids

19. 1

that the Bidder each of the meets qualification criterion specified in Section III, Evaluation and Qualification Criteria. B ids shall rem ain valid untill the date specified in the B DS.

(c )

20. Bid Security

A bid valid for a shorter date shall be rejected by the Purchaser as non responsive. 19.2 In exceptional circum stances, prior to the expiration of the bid validity date, the Purchaser m ay request bidders to extend the period of validity of their bids. The request and the responses shall be m ade in w riting. If a Bid Security is requested in a ccordance w ith ITB C lause 20, it sha ll also be extended for a corresponding period. A Bidder m ay refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or perm itted to modify its bid. 20. 1 The Bidder shall furnish as part of its bid, a Bid Security or a Bid-Securing Declaration, as specified in the BDS. 20. 2 The Bid Security shall be in the amount specified in the BDS and denominated in Sri Lanka Rupees, and shall: (a ) at the bidders option, be in the form of either a bank draft, a letter of credit, or a bank guarantee from a

banking institution; (b ) b e iss ue d b y a in stitu tio n accep tab le to P urch aser. Th e acceptable institutes are published in the NPA website, www.npa.gov.lk . b e sub stan tially in acco rdan ce w ith th e form inclu ded

(c )

10

Section I Instructions to Bidders

in Section IV, Bidding Forms; (4) be payable promptly upon written demand by the Purchaser in case the conditions listed in ITB Clause 20.5 are invoked; (5) be submitted in its original form; copies will not be accepted;
(6) remain valid for the period specified in the BDS.
203Any bid not accompanied by a substantially responsive Bid Security or Bid Securing Declaration in accordance with ITB Sub-Clause 20.1 and 20.2, may be rejected by the Purchaser as non-responsive.

204The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidders furnishing of the Performance Security pursuant to ITB Clause 43. 205The 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 19.2; or
(2) if a Bidder does not agreeing to correction of arithmetical errors in pursuant to ITB Sub-Clause 30.3

(3) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB Clause 42; (2) furnish a Performance Security accordance with ITB Clause 43. in

21. Format and 21.1 The Bidder shall prepare one original of the documents

Signing of Bid

com prising the bid as described in ITB Clause 11 and In addition, the clearly mark it as ORIGINAL. Bidder shall subm it a copy of the bid and clearly m ark it as COPY. In the event of discrepa ncy betw een any the original and the copy, the original shall prevail. 21.2 The original and the Copy of the bid shall be typed or w ritten in indelible ink and sha ll be sig ned by a person

duly authorized to sign on behalf of the Bidder. 21.3 Any interlineations, erasures, or overw riting shall be valid

Section I Instructions to Bidders

11

only if they are signed or initialed by the person signing the Bid.

Submission and Opening of Bids

22. Submission, Sealing and Marking of Bids 22.1 Bidders may always submit their bids by mail or by hand.

(a) Bidders submitting bids by mail or by hand, shall enclose the original and the copy of the Bid in separate sealed envelopes, duly marking the envelopes as ORIGINAL and COPY. These envelopes containing the original and the copy shall then be enclosed in one single envelope.

22.2 The inner and outer envelopes shall: (a) Bear the name and address of the Bidder; (b) be addressed to the Purchaser in accordance w ith ITB Sub-Clause 23.1; bear the specific identification of this bidding (c) process as indicated in the BDS; and bear a warning not to open before the tim e and (d) date for bid opening, in accordance with ITB Sub-Clause 261 . If all envelopes are not sealed and m arked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the bid. B ids m ust be received by the Purchaser at the address 23. Deadline for 23.1 and no later than the date and time specified in the Submission of BDS. Bids 23.2 Th e P u rcha ser m ay, a t its discretio n, exten d the dea dlin e for the su bm ission of bids by a m endin g th e B iddin g D ocum en ts in accordance with ITB Clause 8, in which case all rights

and obligations of the Purchaser and B idders previously subject to the deadline shall thereafter be subject to the deadline as extended. 24. Late Bids 24.1 The Purchaser shall not consider any bid that arrives after the deadline for subm ission of bids, in accordance w ith ITB C lause 23. Any bid received by the Purchaser after the deadline for subm ission of bids shall be declared late, rejected, and returned unopened to the Bidder. A Bidder m ay withdraw, or m odify its Bid after it has 25.1 been subm itted by sending a written notice in accordance with ITB C lause 22, duly signed by an authorized representative, and shall include a copy of the authorization in accordance wit h ITB Sub-Clause 21.2, (except that no copies of the

25. Withdrawal, and Modification of Bids

12

Section I Instructions to Bidders

withdrawal notice are required). The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be:

(a) subm itted in accordance with ITB Clauses 21 and 22 (except tha t w ithdra w al n otices do n ot requ ire cop ies), and in addition, the respective envelopes shall be clearly marked W ITHDRAWAL or M , ODIFICATION ; and received by the Purchaser to (b) prior the deadline prescribed for subm ission of bids, in accordance w ith ITB Clause 23. Bids requested to be withdrawn in accordance with 25.2 ITB Sub-Clause 25.1 shall be returned to the B idders only upon notification of contract award to the successful bidder in accordance with sub clause 41.1.. 25.3 No bid m ay be withdrawn, substituted, or m odified in the interva l betw een th e dea dlin e fo r su bm issio n of b ids an d the expiration of the period of bid validity specified by the Bidder on the Bid Subm ission Form or any extension thereof. 26. Bid Opening 26.1 Th e P u rcha ser sha ll con du ct th e b id op en in g in p ub lic a t the address, date and time specified in the BDS. 26.2 First, envelopes m arked W ITHDRAW AL shall be opened and read out and the envelope w ith the corresponding bid m ay be opened at the discretion of the Purchaser. No bid w ithdrawal shall be perm itted unless the corresponding w ithdraw al notice contains a valid authorization to request the withdrawal and is read out at bid E n v e lo p e opening. s marked MODIFICATION shall be opened and read out with the corresponding Bid. No Bid m odification shall be perm itted unless the corresponding m odification notice contains a valid authorization to request the m odification and is read out at Bid opening. O nly envelopes that are opened and read out at Bid opening shall be considered further.

26.3 All other envelopes shall be opened one at a tim e, reading out: the name of the Bidder and whether there is a m odification; the Bid Prices, including any discounts and alternative offers; the presence of a Bid Security or BidSecuring Declaration, if required; and any other details as Onl d is c o u n t the Purchaser m ay consider appropriate. y s and alternative offers read out at B id opening shall be considered for evaluation. No Bid shall be rejected at Bid opening except for late bids, in accordance with ITB Sub-

Section I Instructions to Bidders

13

Clause 24.1.
264 The Purchaser shall prepare a record of the Bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, or modification; the Bid Price, per lot if applicable, including any discounts, and the presence or absence of a Bid Security or Bid-Securing Declaration. The bids that were opened shall be resealed in separate envelopes, promptly after the bid opening. The Bidders representatives who are present shall be requested to sign the attendance sheet. A copy of the record shall be distributed to all Bidders who submitted bids in time.

Evaluation and Comparison of Bids

27. Confidentiality 27.1 Information relating to the examination, evaluation, comparison, and post-qualification (if applicable) of bids, and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with such process until publication of the Contract Award. 272Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison, and post-qualification of the bids or contract award decisions may result in the rejection of its Bid.
273Notwithstanding ITB Sub-Clause 27.2, if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, from the time of bid opening to the time of Contract Award, it should do so in writing.

28. Clarification of Bids

29.

To assist in the exam ination, evaluation, com parison 28.1 and post-qualification of the bids, the Purchaser m ay, at its discretion, request any B idder for a clarification of its Bid. Any clarification subm itted by a B idder in respect to its B id and that is not in response to a request by the Purchaser shall not be considered for purpose of evaluation.e Th P urchasers request for clarifica tion and the respo nse shall be in writing. No change in the prices or substance of the B id sha ll be sought, offered, or perm itted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation of the bids, in accordance w ith ITB Clause 30. 29.1 The P urcha sers determ ina tion of a bids respon siv eness is

Responsiveness of Bids

to b e b ase d o n th e co n te n ts o f th e b id itse lf. 29.2 A substantially responsive Bid is one that conform s to all the term s, conditions, and specifications of the B idding Docum ent withou materia deviation res e rv atio n s t l , , or

14

Section I Instructions to Bidders

omission. A material deviation, reservation, or omission is one that: (1) affects in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or
(2) limits in any substantial way, inconsistent with the Bidding Documents, the Purchasers rights or the Bidders obligations under the Contract; or

(3) if rectified would unfairly affect the competitive position of other bidders presenting substantially responsive bids. 293If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission. 30. Nonconformi- 30.1 Provided that a Bid is substantially responsive, the ties, Errors, P urchaser m a y w aive any non-conform ities or om issio ns and in the Bid that do not constitute a material Omissions deviation. 30.2 Provided that a bid is substantially responsive, the P u rch aser m ay re qu es t th at the B id d er su b m it the ne ces sary inform a tion or docum entatio n, w ith in a rea so na ble perio d of tim e, to rectify no nm aterial n on co nform ities or o m ission s in the bid related to requirements documentation . Such om ission shall not be related to aspect of the price any of the Bid. Failure of the Bidder to com ply with the request m ay result in the rejection of its Bid. 30.3 Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the following basis:
1) if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;

2) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals

shall prevail and the total shall be corrected; and

3) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount

Section I Instructions to Bidders

15

expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
30.4If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid-Securing Declaration shall be executed.
31. Preliminary 31.1 The Purchaser shall examine the bids to confirm that all Examination of documents and technical documentation requested in ITB Bids Clause 11 have been provided, and to determine the

completeness of each document submitted. 31.2The Purchaser shall confirm that the following documents and information have been provided in the Bid. If any of these documents or information is missing, the Bid shall be rejected. (1) Bid Submission Form, in accordance with ITB Sub-Clause 12.1; (2) Price Schedules, in accordance with ITB SubClause 12; (3) Bid Security or Bid Securing Declaration, in accordance with ITB Clause 20.
32. Examination of all 32.1 The Purchaser shall examine the Bid to confirm that

term s and conditions specified in the C C and the Contract Terms and Conditions; Data have been accepted by the Bidder without any Technical material deviation or reservation. T he P u rch ase r s h all ev alu ate the tech n ical asp ects o f the Evaluation 32.2 B id submitted in accordance with ITB Clause 17, to confirm that all requirements specified in Section V, Schedule of Requirem ents of the Bidding Docum ents have been m et without any material deviation or reservation. If, a fter the exam ination of the term s and conditions and 32.3 the technical evaluation, the Purchaser determ ines that the B id is not substantially responsive in accordance w ith ITB Clause 29, the Purchaser shall reject the Bid. 33. Conversion to 34.1 If the bidders are allow ed to quote in foreign currencies in Single accordance with sub clause 15.1, for evaluation Currency and

com parison purposes, the Purchaser shall convert all bid prices expressed in foreign currencies in to Sri Lankan Rupees using the selling rates prevailed 28 days prior to closing of bids as published by the Central Bank of Sri Lanka. If this date falls on a public holiday the earliest working day prior to the date shall be applicable.

16 34 . Domestic Preference

Section I Instructions to B idders 34.1 D om estic preference sha ll be a factor in bid evalua tion only if stated in the BDS. If dom estic preference shall be a bide valu atio n factor, th e m eth o d o lo g y fo r calcu latin g th e m arg in of preference and the criteria for its application shall be as specified in S ection III, E va lu atio n a nd Q u alificatio n C riteria . 35.1 The Purchaser shall evaluate each bid that has been determ ined, up to this stage of the evaluation, to be substantially responsive. 35.2To evaluate a Bid, the Purchaser shall only use all the factors, methodologies and criteria defined in this ITB Clause 35. 35.3To evaluate a Bid, the Purchaser shall consider the following:
(1) the Bid Price as quoted in accordance with clause 14;

35 . Evaluation of Bids

(2) price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 30.3; (3) price adjustment due to discounts offered in accordance with ITB Sub-Clause 14.2; and 14.3

(4) adjustments due to the application of the evaluation criteria specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria; (5) adjustments due to the application of a domestic preference, in accordance with ITB Clause 34 if applicable.
35.4The Purchasers evaluation of a bid may require the consideration of other factors, in addition to the factors sted in ITB Sub-Clause 35.3, if specified in BDS. These factors may be related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of bids 35.5If so specified in the BDS, these Bidding Documents shall allow Bidders to quote for one or more lots, and shall allow the Purchaser to award one or multiple lots to more than one Bidder. The methodology of evaluation to determine the lowest-evaluated lot combinations, is specified in Section III, Evaluation and Qualification Criteria.

36. Comparison of

36.1 The Purchaser shall compare all substantially responsive

Bids

bids to determine the lowest-evaluated bid, in accordance

Section I Instructions to Bidders with ITB Clause 35. 37. Postqualification of the Bidder

17

37.1 T he P u rch ase r s h all de term in e to its satisfactio n w he the r th e B idder that is selected as having subm itted the low est evaluated and substantially responsive bid is qualified to perform the Contract satisfactorily. The determ ination shall be based upon an exam ination 37.2 of the docum entary evidence of the Bidders qua lifications submitted by the Bidder, pursuant to ITB Clause 18. 37.3 An affirm ative determ ination shall be a prerequisite for negativ award of the Contract to the Bidder. A e determ ination shall result in disqualification of the bid, in w hich event the P urchaser sha ll proceed to the next low est evaluated bid to m ake a sim ilar determ ination of that B idders capabilities to perform satisfactorily.

38. Purchasers Right to Accept Any Bid, and to Reject Any or All Bids

38.1 Th e P u rcha ser reserves th e righ t to accept o r reject a ny bid, and to annul the bidding process and reject all bids at any tim e prior to contract award, w ithout thereby incurring any liability to Bidders.

Award of Contract
39. Award Criteria 39.1 Th e P u rcha ser sha ll a w ard the C on tra ct to th e B idder w ho se offer has been determ ined to be the lowest evaluated bid and is substantially responsive to the Bidding Docum ents, provided further that the Bidder is determined to be qua lified to perform the C ontra ct sa tisfa ctorily. A t the tim e the C ontra ct is a wa rded, the P urcha ser 40. Purchasers 40.1 reserves Right to Vary the right to increa se or decrea se the qua ntity of G oods and R ela ted S ervices orig ina lly specified in Sectio n V , Quantities at S chedule of R equirem ents, provided this does not exceed tw enty Time of Award five percent (25% ) or one unit w hich ever is higher and w ithout a ny chang e in the unit prices or other term s and conditions of the bid and the Bidding Documents. 41. Notification of 41.1 Prior to the expiration of the period of bid validity, the Award P urch aser sh all n otify th e successfu l B idder, in w ritin g, th at

its Bid has been accepted.

412Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.
413 Upon the successful Bidders furnishing of the signed Contract Form and performance security pursuant to ITB Clause 43, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause 20.4.

18 42. Signing of Contract

S ection I Instructions to B idders 42.1 W ithin Seven (7) days after notifica tion, the P urcha ser sha ll com plete the A greem ent, an d in fo rm th e su ccessfu l B idder to sign it.
42.2Within Seven (7) days of receipt of such information, the successful Bidder shall sign the Agreement.
43. Performance of 43.1 Within fourteen (14) days of the receipt of notification

Security

award from the Purchaser, the successful Bidder, if required, shall furnish the Perform ance Security in accordance with the CC, using for that purpose the Performance Security Form included in Section VIII Contract forms. The Employer shall promptly notify the nam e of the winning Bidder to each unsuccessful Bidder an d disch arge the B id S ecu ritie s o f the un su cce ss fu l b id d ers pursuant to ITB Sub-Clause 20.4. 43.2 Failure of the successful Bidder to submit the abovem entioned Perform ance Security or sign the C ontract shall con stitute sufficien t gro un ds for th e a nn ulm ent o f th e a w ard and forfeiture of the Bid Security or execution of the BidSecuring Declaration. In that event the Purchaser m ay aw ard the Contract to the next lowest evaluated Bidder, w h o se offer is su b stan tially resp on sive an d is de term in ed b y the Purchaser to be qualified to perform the Contract satisfactorily.

19

Section II. Bidding Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in italics mentioned for the relevant ITB Clauses.] ITB Clause Reference ITB 1.1 ITB 1.1

A. General
The Purchaser is1: The name and identification number of the Contract are2: The number, identification and names of the lots comprising this procurement are3:

ITB 2.1 ITB 4.45

The source of funding is4: Foreign bidders are allowed to participate in bidding.

B. Contents of Bidding Documents

ITB 7.1 For Clarification of bid purposes only, the Purchasers address is: Attention6: Address7: Telephone: Facsimile number: Electronic mail address:

C. Preparation of Bids
ITB 11.1 (e)8 The Bidder shall submit the following additional documents: [insert
insert complete legal name of the Procuring Entity insert title of procurement and bid number reference of the Procuring Entity 3 Applicable only if separate contracts are awarded to different lots; if so insert lot reference and title of the each lot 4 insert the source of funding such as GOSL, World Bank, Asian Development Bank etc 5 Insert only for foreign funded projects or only when foreign bidders are allow ed to participate under GOSL funded projects.
1 2

insert nam e and designation of the O fficer responsible for clarifications e.g. H ead of the Procurement Division if any ]
7

insert floor and room number, if applicable

If no additional docum ents are requ ired m ay delete this row

20

Section II Bid Data Sheet

list of documents, if any] ITB 14.39 The bidders may quote follwing minimum quanties: (list the items together with quantities) ITB 15.110 The bidder shall quote the local expenditure in Sri Lankan Rupees. The bidder m ay quote the foreign expenditure of the follow ing item s in foreign currencies. : {list the items] ITB 17.311 ITB 18.1 (b) ITB 19.112 ITB 20.1 Period of time the Goods are expected to be functioning (for the purpose of spare parts): After sales service is: [insert required or not required] The bid shall be validity until . [insert one of the following options: Bid shall include a Bid Security (issued by bank or (a) surety) included in Section IV Bidding Forms; or Bid shall include Bid Securing Declaration using (b) the form included in Section IV Bidding Forms. ] The amount of the Bid Security shall be14: The validity period of the bid security shall be until15 []

ITB 20.213

D. Submission and Opening of Bids

ITB 22.2 (c) ITB 23.1 The inner and outer envelopes shall bear the following identification marks16: For bid submission purposes, the Purchasers address is:
7 A tte n tio1n: 18 Address :

9 10 11

Insert only if bidders are allowed to quote less than 100% of items in a lot or less than 100% of the quantity for each item.
Delete if the bidders are not allowed to quote in currencies other than Sri Lankan Rupees

Insert only if required; if so insert insert duration 12 insert day, month, and year, i.e. 16 September, 2006 13 Delete if BDS ITB 20.1 (b) is selected

14 [insert amount 15 insert day, month, and year, i.e. 13 October, 2006 16 insert the name and/or number that must appear on the bid envelope to identify this specific bidding process 17 insert full name and the designation of the officer in charge
18 insert floor and room number, if applicable] [important to avoid delays or misplacement of bids

Section II Bid Data Sheet

21

The deadline for the submission of bids is: 1 D ate 9 : Time20: ITB 26.1 The bid opening shall take place at: Address: [insert floor and room number, if applicable] Date: [insert day, month, and year, i.e. 15 September, 2006] Time: [insert time, and identify if a.m. or p.m. i.e. 10:30 a.m.]

E. Evaluation and Comparison of Bids

ITB 34.1 Dom estic preference [insert shall or shall not] be a bid evaluation factor . The adjustm ents shall be determ ined using the follow ing criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria21: (a) Deviation in Delivery schedule22: Option 1 is selected and the adjustment is 23: . Option 2 is selected and the adjustment is Rupees . Option 3 is selected and the adjustment is .% per week (b) (c) (d) ITB 35.426 Deviation in payment schedule24: the cost of major replacement components, mandatory spare parts, and service25: [insert any other specific criteria]

ITB 35.3(d)

The following factors and methodology will be used for evaluation: (list the factors and methodology)

ITB 35.5

Bidders [insert shall or shall not] be allowed to quote for one or more lots. [refer to Section III Evaluation and Qualification Criteria, for the evaluation methodology, if appropriate]

19 20 21

insert date, month, and year, i.e. 15 September, 2006 insert time, and identify if a.m. or p.m., i.e. 10:30 a.m referSelect one option and delete the other two option 22 to Schedule III, Evaluation and Q ualification Criteria; insert com plementary details if necessary 23 Suggest 0.5 to 1 % per week

24

insert Yes or No. If yes insert the rate per annum to calculate interest earned

25 insert Yes or No. If yes, insert the Methodology and criteria 26 Insert only if required

23

Section III. Evaluation and Qualification Criteria

This Section complements the Instructions to Bidders. It contains the criteria that the Purchaser use to evaluate a bid and determine whether a Bidder has the required qualifications. No other criteria shall be used.

[The Purchaser shall select the criteria deemed appropriate for the procurement process, insert the appropriate wording using the samples below or other acceptable wording, and delete the text in italics]

Contents
1. Evaluation Criteria (ITB 35.3 {d}) 2. Evaluation Criteria (ITB 35.4 3. Multiple Contracts (ITB 35.5) 4. Domestic Preference (ITB 34.1) 5. Postqualification Requirements (ITB 37.2)

24

Section III. Evaluation and Qualification Criteria

1. Evaluation Criteria (ITB 35.3 (d))

The Purchasers evaluation of a bid may take into account, in addition to the Bid Price quoted in accordance with ITB Clause 14, one or more of the following factors as specified in ITB Sub-Clause 35.3(d) and in BDS referring to ITB 35.3(d), using the following criteria and methodologies. 1) Delivery schedule27 Option 1
The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section VI, Delivery Schedule. No credit will be given to deliveries before the earliest date, and bids offering delivery after the final date shall be treated as non responsive. Within this acceptable period, an adjustment, as specified in BDS Sub-Clause 35.3(d), will be added, for evaluation purposes only, to the bid price of bids offering deliveries later than the Earliest Delivery Date specified in Section VI , Delivery Schedule.

Option 2
The goods covered under this invitation are required to be delivered within an acceptable range of weeks specified in the Schedule of Requirement. No credit will be given to earlier deliveries, and bids offering delivery beyond this range will be treated as nonresponsive. Within this acceptable range, an adjustment per week, as specified in the Bid Data Sheet, will be added for evaluation to the bid price of bids offering deliveries later than the earliest delivery period specified in the Schedule of Requirements.

Option 3 in The goods covered under this invitation are req uired to be delivered partial shipm ents as specified in Schedule of B id offerin , the Requirem ents. s g deliveries earlier or later than the specified deliveries will be adjusted in the evaluation by adding to the bid price a factor equal to a percentage, specified in the Bid Data Sheet, of price per week of variation from the specified delivery schedule. (2) Deviation in payment schedule. [insert one of the following ]
(1) Bidders shall state their bid price for the payment schedule outlined in the Contract Data. Bids shall be evaluated on the basis of this base price. Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in bid price they wish to offer for such alternative payment schedule. The Purchaser may consider the alternative payment

schedule and the reduced bid price offered by the

27 Insert one of the following options.

Section III. Evaluation Criteria

25

Bidder selected on the basis of the base price for the payment schedule outlined in the Contract Data.

or
(ii) The Contract Data stipulate the payment schedule specified by the Purchaser. If a bid deviates from the schedule and if such deviation is considered acceptable to the Purchaser, the bid will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined in the bid as compared with those stipulated in the Contract Data, at the rate per annum specified in BDS Sub-Clause 35.3 (d). 3) Cost of major replacement components, mandatory spare parts, and service.

[insert one of the following]

(1) The list of items and quantities of major assemblies, components, and selected spare parts, likely to be required during the initial period of operation specified in the BDS Sub-Clause 17.3, is in the List of Goods. An adjustment equal to the total cost of these items, at the unit prices quoted in each bid, shall be added to the bid price, for evaluation purposes only. Add quantities

or
(35)The Purchaser will draw up a list of high-usage and high-value items of components and spare parts, along with estimated quantities of usage in the initial period of operation specified in the BDS SubClause 17.3. The total cost of these items and quantities will be computed from spare parts unit prices submitted by the Bidder and added to the bid price, for evaluation purposes only.

(4) Specific additional criteria

Other specific additional criteria to be considered in the evaluation, and the evaluation method shall be detailed in BDS Sub-Clause 35.3(d) ]

2. Evaluation Criteria (ITB 35.4 (describe the methodology)

3. Multiple Contracts (ITB 35.5)

The Purchaser shall award multiple contracts to the Bidder that offers the lowest evaluated combination of bids (one contract per bid) and meets the post-qualification criteria (this Section III, Sub-Section ITB 37.2 Post-Qualification Requirements)

The Purchaser shall:

1) evaluate only lots or contracts that include at least the percentages of items per lot and quantity per item as specified in ITB Sub Clause 14.8

PDF to Word