Beruflich Dokumente
Kultur Dokumente
::;:;:;;
111!!1!mmgmiim~::;JI
PROCUREMENT OF WORKS
APPRpVED BY NPA
ICTAD/SBD/Ol
PROCUREMENT OF WORKS
Published by
Institute for Construction Training and Development (leTAD)
'Savsirlpaya
Copyright reserved
No part of this publication
shall
be
reproduced
or
transmitted in any form or by
any means without permission
of the publisher.
ICTAD Standard Bidding Documents were revised to be in line with the Procurement
Guidelines (Goods & Works) - 2006 of National Procurement Agency (NPA).
Mr. Jayontha De Mel, Procurement Consultant volunteered to serve as a resource person
for the revision and the ICTAD Sub Committee, comprising of Dr. E M G de Zylva
(CEO/CIGF), Mr. H D Chandrasena (Snr. Quantity Surveyor), Mr. D R N Ferdinando (Snr.
Engineer), Mr. J K Lankatilake (DG/lCTAD), Mr. K P W Rajasirl (D. Dev./ICTAD), Mrs. Vajira
Ranasinghe (DD/ICTAD) reviewed and recommended the revision to' the Steering
Committee on ICTAD Publications.
The Steering Committee on leTAD Publications which consisted of representatives from the
Institution of Engineers Sri Lanka, Sri Lanka Institute of Architects, Society of Structural
Engineers
Lanka, Association of Consulting Engineers Sri Lanka, Institute of Quantity
Surveyors Sri Lanka, Institute of Town Planners Sri Lanka, Institute of Project Managers Sri
Lanka, National Construction Association of Sri Lanka, Ministry of Housing and Construction,
Institute for Construction Training and Development, recommended this revision for the
approval of Board of Management of ICIAD.
Sri
/'
VIDYAJYOTHI PROF. LAKSHMAN Al:.WIS
CHAIRMAN -ICTAD
01 sf January 2007
Foreword
To streamline the procurement process in Sri Lanka the Government has decided to
develop a series of Standard Bidding Documents for procurement of Goods and Works.
The Cabinet of Ministers has entrusted this task to NPA.. The Procurement Guidelines
- I
(2006) requires that all PE shall use the appropriate SBDs approved by NPA.
Accordingly, as a joint effort ofNPA/ICTAD the SBDs published previously by ICTAD
were revised for conformity with the Guidelines.
This Bidding Docwnent for Procurement of Works shall be used for National
Competitive Bidding (NCB) within the limits specified in the SBD, for the contracts that
'are financed by Government of Sri Lanka. The publication is drafted to suit for foreign
use
funding agencies.
registration is a pre-reqnisite to eligible for contract award and for all contractors a
suitable post qualification should be carried out.
I take this opportunity to thank the following TASK force members appointed by NPA in
assisting to complete this endeavor:
SEC)
~;a~'aJI~e--'--"
ChairmanJCEO
National Procurement Agency
11
The steering committee I sub committee consisted of representatives of the following Professional and Policy
making organizations:
1.
2.
3.
4.
I wish to acknowledge with grateful thanks the services of Mr. Eddie de Zylva and Mr. Jayantha de Mel and all
the members of the steering committee and the sub committee. Meanwhile my special thanks are also due to
Mr. G Somapala de Silva, Rear Admiral K R L Perera, Mr. G J P Gunawardane, Praf. Lal Balasuriya,
Mr. Y G Amaradasa, Mr. Patric Jayawardane, Eng. W MSC Piyadasa, Mr. H D Chandrasena,
Mr. S A Karunaratne, Eng. Hemal A Pairis, Dr. T M Pallewatta, Dr. Gamini Kodikara, Mr. D Meemeduma,
Mr. J K Lankathilake, Mr. K P W Rajasiri, Mrs. Vajira Ranasinghe and Mr. C Amarakoon who contributed in
numerous ways in the publication of this document I also wish to appreciate the secretarial assistance
rendered by Miss. Medhani IlIangasinghe.
0
I earnestly hope that the needs of a large cross section of the players in the Industry will be met by the
adoption of this document and would also help to regularize the procurement system.
CONTENTS
Page
VI
1-4
SECTION 1
INSTRUCTIONS TO BIDDERS
5-19
SECTION 2
21-29
SECTION 3
CONDITIONS OF CONTRACT
31-57
SECTION 4
59-63
SECTION 5
65-76
SECTION 6
SPECIFICATIONS (Notes)
77-79
SECTION 7
81
SEC'TION 8
ORAWINGS (Notes)
83
SECTION 9
85-90
91
iv
s Standard Bidding Document (SBD) is intended for use in measure and pay contracts.
ncludes many guidance notes to the user. Hen~e this publication is not intended to use
a bidding document for a specific procurement. Procuring Entities (PEs) are advised to
~ Volum~ 1 and Volume 2, which are published separately as the bidding dOCllment for
pecific procurement. The users are advised to follow the directions given below:
(a)
All the sections listed in the C.ontentspage are included in this publication.
Since a colour system is used the PEs shall not use photo copies of
Volume 1 when inviting bids. Volume 1 is published separately for that
purpose. PEs may prepare Volume 2 based on the guidance given in this
document. Th~ Volume 2 is availabl~ in a CD form.
(b)
(c)
This SBD is suitable for all procurements of works financed under the
consolidated fund or private sector. The SBD is also suitable for NeB
procurements under foreign funded projects. Modifications or amendments
to the Volume 1 of this bidding document should not be done unless the)
are really essential. Any such changes should be provided only in the
Volume 2, Section 5 - Bidding Data and Contract Data as amendments
to Instructions to Bidders and Conditions of Contract respectively only with
the prior cOQsent of the Institute for Construction Training. and
Development (leT AD).
(1 )
PROCUREMENT
OF
WORKS
FOR
MINOR
Recommended for use on works contracts between Rs. "10 million and
Rs. 100 million.
(2)
May be used for works of higher values, which are not of a complex
nature.
STANDARD
BIDDING
DOCUMENT
PROCUREMENT
OF
WORKS
FOR
MAJOR
CONTRACTS -ICTAD/SBD/02
(1 )
Recommended for use on works contracts over Rs. 100 million and for
contracts of a lesser value, which are of a complex nature.
Recommended to use for works contracts where the contractor is responsible for
the design and construction of the works on specified approvals obtained from
the Employer. .
(1)
OF
WORKS
FOR
SHOPPING
(1 )
VI
FORMATS FOR
INVITATION FOR BIDS
Note:
I
i
.:..PR:..:.O.::.C.;;,..U~R;..;.;E;;;.;;.M..;.E...;.'N_T_O,,;-.F_w_O_R_KS
2.
3.
4.
Qualifications requirements t
legal and qther requiremen ~.
a~ 0 tai
5.
1 of
(Jr
6. A complet se
Bidding Documents in English language may be purchased by interested bidders
on the submission of a written application to the .[state addressee] from [state date of
commencement ofissuing document] until [state date] from 0900 hrs to 1500 hrs. upon payment of
a non refundable fee of [insert amount in Rupees]. The method of payment will be [insert method
ofpayment).
7.
.8. All bids shall be accompanied by a [insert as appropriate, either "Bid Securing Declaration"l
"Bid-Security, of (insert amount in Rupees ")]
Select as appropriate
SECOND EDITION, JANUARY 2007
.:...P:.::.RO=-C,;:.;U:;.:R~E:.:.:M..:.;:E::.:..N~T.....;;O~F.......;W~O;;:;.;R;:.;.;;K;.;;;;;S~
The Democratic Socialist Republic of Sri Lanka '[has received/hasappliedfor/intends to ~pp{v for]
a [loan/credit} from the [insert name of the foreign funding agenc}'1 towards the cost of [insert
name'of the Project}, and intends to apply part of the proceeds of this [loaitlcredit} to payments
under the Contract for [insert name/no. ofContract}
,
2.
tit
if. co
fu hi
shall not have been blacklisted and shall
eTAD registration]
4.
5.
6. A complete set of Bidding Documents in English language may be purchase4,.by interested bidders
on the submission of a written application to the [state addressee] [state date ofcommencement of
issuing document} until (state date)'from 0900 hrs to 1500 hrs. upon payment of a non r~fundable
fee of [insert amount in Rupe~rnethod of payment will be [insert method ofpayment).
7.
8.. All bids shall be accompanied by a {insert as appropriale, either "Bid Securing ,Declaration "/
"Bid-Security, of (insert amount in Rupees ")J
The address(es) referred to above is(are):
Name
Designation,
Address, fax number etc. ofthe Procuring Entity
. Se/eet as appropriate
4
SECOND EDITION, JANUARY 2007
Section -1
INSTRUCTIONS TO BIDDERS
Notes:
Instructions to Bidders shall he read in conjunction with Bidding Data under Section 5
(Volume 2). Matters governing the performance of the Contractor, payments under the
Contract, or matters affecting the risks, rights, and obligations of the parties under the
Contract are included under Section 3 - Conditions ofContract (Volume 1) and Contract
Data under Section 5 (Volume 2). However, some information is reproduced in this
section to facilitate the bidders to price their bids.
Instructions to Bidders will not be a part ofthe Contract and will cease to have effect once
S
.r
"~I
Table of Clauses
INSTRUCTIONS TO BIDDERS
- .-
A.
Genel~al,
D. Submission of Bids, 13
_.!
1.
2.
3.
4.
Scope of Bid, 9
Source of Funds, 9
5.
6.
Bidder, 9
One Bid per Bidder, 10
Cost of Bidding, 10
7.
Site Visit, 10
Bidding Documents, 10
8.
9.
Clarification of Biddiilg
Documents, 10
10.
Amendment of Bidding
Documents, 11.
of Responsiveness, 15
30
Prefe~nce for
Domestic Bidders, 17
F. Award or Contract, 17
C.. Preparation of 'Rids, 11
Agreement, 18
34. Performance Security, 18
35. Advance Payment & Security, 19
36. Adjudicator, 19
Declaration, 12
17. Pre-Bid Meeting, 13
18. Fonnat and Signing of Bid, 13
44_
_________
S....
ec.......
ti.-...on____..I-
Ins!t~g~t.~-Dns
to Bidders
A. -General
1.1
The Employer as defined in the Bidding Data invites Bids for the
construction of Works, as described in Section 5, Bidding Data.
D~~
2. Source of Funds
2.1
3. Ethics, Fraud
and Corruption
3. I
11
3.2
.~~)~111t~g~1
i~~~~i~~~~It1!~~~~('
9
Institute for Construction Training and Development (ICT AD)
PR()CI1REi\IENT OF WORKS
;:0
Bidders
5.1
6.1
The bidder shall, bear:, all costs ass9ciated with the preparation and
"submissi'on 'of: ~i~. Bid, ,,~and the. Employer wil1 in no case be
responsible or' I'iable for those 'costs regardless of the conduct or
outcome of the bid~ing ,~rocess~, .
'J~.l
-.
B. Bidding Documents
8. Content of
Bidding
Documents
8.1
Volume 1:
Section 1 Instructions to Bidders
Section 2
Section 3
Conditions of Contract
Volume 2:
Invitation to Bid
Section 4
/~--sectlon
t\/~@1,,,,:,~~o?~ 67."
se~oJ
.''''-..seGt1Bn
Specifications
Bills ofQuantities>.i "
8 Drawings
.'
:,
10
SECOND EDITI~N~ JANUARY 2007
2.P~R~()~C~.ll.:.:R~E:.:.::M:.::::E~N-=-T..,:;;:O;..;.F......;\...;...;VO.;::...R;..;;.;K;..;;;S~
10. Amendment of
Bidding
Documents
S_e_c.....t.o....;;io..o...;.n.-;..l_-~ln.......
structi~~L:i2 Bidders
10.1
10.2
10.3
c.
11. Language of
11.1
Bid
Preparation of Bids
__ .t~.~Z;-Y;0IIt~~rtlf~~~lfii~0~~~r~j~~~Q~'~Pfi,~?!~e;f9nOWi~~:
(!igl~~ili~jifltli.~Bv~ji5~.k.idJ~tORlGINA:i.'~'
13.1
11
Institute for Construction Training and Development (ICTAL))
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--:":'_ _..a...-
PROCURf.J\'IENT OF WORKS
14. Currencies
14.1
of Bid
The unit rates and price~ shall be quoted by the bidder entirely in Sri
Lanka Rupees~less otherwisel'rovided in the Bidding Data.
1,~siJ~5~(I.I\I.~i~i~'li'~~I~~/_~{~~e~~~;
15.2
16.4
or
12
SECOND EDITION, JANUARY 2007
-!P~R~O~(~:tI~R~E:.!.!~l!.!=E~N~T~O~F~W~O~R~K~S~
16.5
---.;;S~ec~
.. t.;..;;.io__.n....;.1_-1nstruct~Dn:) ~o Bidder~
(b)
17.1
17.2
D. Submission of Bids
13
Institute for Construction Traini'ng' and Development (ICTl\D)
,
r
PROCllREMENT OF WORKS
....:...::.:...:::.:..:..:..:=:..::=:...:...:....:..:...~:..::..:.:.=----------------_.:-!
,19.4~
The.
in'rier,'andollt~r, ~riy~:19P~s,:~~all;1
::;,~L,':. ~~:;.::;;;~~.'.:!E'.:..l:~~L;.::':; ::.:' ~ .':'~,:;:;">:" ..;~ ;'':''::'~:~~.:1~, ..;..:...-~:',.,,_:':. ,:-D,: 7;"'~"':'
(ft~!: ~\05"~~~L~m.~I~r~I~e'~lf!i~;:Pi2~~g];i~._the
.~
~Jl.I~.fillr&i1~J!t~~1~~!"~~~,m~~~99i~~~~
as'
g~JS11IIfJ[ell~l4i~j~~~~II.~ll~[~J;/
(!ir~O'.I=lli~;~il.~!:sfLItl!;~M2;~ate
20.2
14
Institute for Con~truction Training and Development (leT AD)
r"""'~~:-
-.
I:
II
S~ction
PROClIREi\tQENT OF WORKS
I - Instru:;:.~:.:~~~: to Bidders
23.1
23.2
23.3
as
23.4
23.5
.24r'~.;JlrOceSs.to:be
5=iC~i'qg~~~!lI~~I:'
24~:1:
25. Clarification of
Bids
25.1
~. /
of
J}
15
Institute for Construction Training and Development (IC1~A.D)
Section 1 - )nstructions
PROCtJREl\'lENT OF WORKS
~c
B~dders
26.2
27.1
"' misplacement of the decimal point in the unit rate, in which case the
'line item total as quoted will govern, and the unit rate .will be
corrected.
(c) if the bid price changes by ~e above procedure, the amount stated in
the Form of Bid shall be adjusted with the concurrence of the Bidder
and shall be considered as binding upon the bidder.
.,,\~id$
The Employer will evaluate and compare only the Bids determined to
be substantially responsive.
29,.2
In evaluatin'g the bids,<the Employer will determine for each bid the
evaluated bid price by adjusting the bid price as follows:
,".
(a) excluding
pr()~i~i~n~i
16
Institute for Construction Training and Development (ICT AI)
PROCIIREf\l1ENT OF WORKS
(c)
ii.
t~>""
29.4
29.5
If the Employer detennines that the bid is unbalanced and hen~e the
bidder may fail in the perfo'nnance of his obligations in some It.ems
within the quoted rates, a higher performance security as determined
by the Employer may be req~ested to mitigate such risks
1,:':.-
29.3
~~~:iC
:~~i?;;
~ ~g&@
\
""
/'
31.1
. B~dding Data and subject to Clause. 31.2 and Clause 32 belo\v, the
Employer will award the Contract to the bidder whose Bid has been
detennined to. be substantially responsive to the bidding d~cuments
and who has offered the lowest evaluated bid price, provl~ed th~t
such bidder has been determined to be eligible and qualified In
i'~~1:;~:::;
J.~COND
Even though the bidders meet th~ eligibility and qualification criteria
specified they are subjected to disqualify if they have:
17
EDITION, JANUARY 2007
PR()CliREMENT OF WORKS
35.
32. Employer's
Right to
32.1
The Employer reserves the right 'to -accept or reject any bid, and to
cancel the bidding process and" reject ~II ~ids, at any time prior to the
award of Contract, without thereby incun'ing any liability to the
affected bidder or bidders or any obligation to infonn the affected
bidder:or bidders of the grounds ~or the Employer's action.
33.1
and to Reject
any or all Bids "
33. Notification of
Award and
Signing
of
Agreeme~t
36.
Price")
33.2
33.3
33.4
At the same time that the Employer notifies the successful bidder that
has been,accepteq, the Employer will prepare the agreement in
/
the
rm provided in the bidding documents, in~orporating all
nf~ ents between the Parties. ,
33.5
/""~d
U0U~~
3 6 The mployer shallnQtify the successful bidder the date, time and
~-- ven'uefor the signing of the agreement. The agreement shall be
signed within 28 D~yso of the Le~~r of Acceptance.
.~
...
"~":~r'"~til~~~~I~~
1-8
Institute for Construction-o,Training and Development (leT AD)
II
I
r~fW""" P~OClIREMENTOFWORKS
r'
I
SECOND EDITION" JANlJARY 2007
19
Institute for Construction Training and Development (leT AD)
Section .. 2
STANDARD FORMS [CONTRACT]
11
Letter ofAcceptance
Agreement
liI
Performance Security
21
Bidders should not complete the Form ofAgreement at the time ofpreparation
a/bids.
~~
successful bidder w;/l.ee required to Sip" the Form ofAgreement, after the
.award ofcontract.
23
SECQND EDITION, JANUARY 2007
'I
PR.()('\IRF:!\'lENT OF WORKS
P.
..
O~
("\
.. .
\ \~ \. \ \ \~:)
..
\/
--------------------------~--~'\----'r--1\[n~n1e..arid'
V\ \ \) ,.
\ (
\,._..,,;/
The Start DSlttrs~11 ~e: \~-i----~--~~:}-------- (fill the date as per Conditions ofContract).
(G'::::. \ \
\//.
The aITIount...Qf Pe"'9rn\an~e Security is : ------------------- (fill the date as per Conditions oj"Contract).
Authorized Signature :
J\
",,,--------7,,/------------------------------...... _..,--,'
'
",
((nZlIItiple currencies are involved indicate amounts under each currency separated with the word 'and' benveen then1
[)elete "corrected in accordance with ITB and/or " or "and/or modified by a Menlorandum of Understanding". if not applicahle
!Jelele 'whichever inapplicable or delete both ifnot applicable
25
Institute for Construction Training and Development (lGT AD)
PROCliREf\t1ENT OF WORKS
of
WHEREAS the Employer desires that the Contractor execute ------------------------------------[name and
identification number of Contract] (hereinaft~r called "the Works") and the Employer has accepted
the Bid by the Contractor for the execution and completion of such Works and the.r\remedying of any
defects therein.
.
.
/~ \ \
\ '\\ \
... "',
.... ,~
('/<)
\...."'\
\
'\
\'
\.~
In this Agreement, words and expressions shall h~(he ~m~ m~in~ ~\ale respectively
.~~Si~n, ed to them. in the Conditions of c~ac,t\her~~ft~rr~er'F~ toY an, d. they shall be
deemed to form and be read and con~~d '\
~~ 1f'em~"'_." . .
P\rt 1.
2.
tl
Contract.
3.
(
\
\'v\
\,_
'
\ ..
.../
\,r"",
'\ /
'---
The
n:ar
'-._..,/..
,. ,
.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year
aforementioned in accordance with laws of S~i Lanka.
.
The Common'Se;al of " /"'-':"---""
was hereunto affixed i,o--:~,;-:~-~--r~-S-~n)f~~:-10-f-:-----------------
U~/ UL~
J
'
"
/
Deliv~oy'the said - - - - - - - - - - - - - - - - - - - - - -
-----------------------------
26
SE(:OND EDITION. JANlJARY 2007
...
.. ~~
:::r-:~.
': ' ,
"":~f::f'
.'
..
. ...
,~l!/~ S iVame, an
. ':. '
:~'\:":~~~
~ji~fici;l~:
:,~r~ss of Employer]
------------------------------
~(\
\.
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iW~y~"': :bd6i1"
\\
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\,
er
n'
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/..
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~~~~est
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\\( \ \ ('\" 'y)'
' , . . , . .. .
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.""
~
\" D,l
" .
~f the c~~r, \e \/\--~.:l~~-~------------------:----~---------- [name
"'..
""
~f Agency]
j~e~~7a~fiin,d~~eJf pay ,yo~y ~um or sums not exceed 109 m total an amount .
of
-;~~:~~1~~ytsW~~~;~-~;-d~~~~~-i~-~i;i~~-~~~~~~-;~i~d-~;--~-~~i~e~
w;~:e~~
J.}':.-"
~~~antee sha:lfexpire, nO later than the .... day of -------- 20---~ [insert Gfate, 28 Gfays beyonGf the
i.t. lCornpletion Date] and any demand for payment under It must be received by us at this
':~Q.ri or before that date.
~~.~~~.~}:. . .
fi'ii" .
;: !~.:
.~i
l ..r~P~ . . ".s~,-;
~---- -----:--=:~,~:,~,(,..
f,i(:,~l~~U)
:_ "'~...
\,.,.
'~;,
"\
,.,.~.~; f
,~.i{'
'!~~~~~~~.~.~:Y.J\iP:r!l'
., ~ : . T. ' '
27
Section 2 -
PROCUREMENT OF WORKS
f-
Standar'!f,:~~L~ ~Contract]
FORM . OF '.ADVANCE
PAYMENT
SECURITY
. .-..
..
.
.'
'.
...
.~.
,-
..
------------------------------------------~-~-------~-----------------------------------
rN
Date: ----------------------------------
. ,
-------------r-
~t::::::::I:e
understand
tha~a~C~rding cOnd~~fth~~~~ance'
---------,-)
t:"ilie
the sum. ------------------~-- [amount In figures] (----f"--\\-----\----\---'v\---~,
words] IS to be made agamst an advance payme~ar\t~~ \ \ ,\ /
~\\
\~~\V
,'!'
..
i.~,:.',"~
payment
(am,ount zn
,!"
"""',
': . i
"
maxim~~un~f~s
The
gu antee
payment rep~ ~e ~actor.
'
This
Completion Date]
Consequently, any demand for payment under this guarantee must be received by us at
or before that date.
t~is
. ,I
office on
[signature (s)]
The Guarantor shall insert an amount representing the amount ofthe advance payment and denominated either in the
currency(ies) ofthe advance payment as specified in the Contract.
\?:.i
.rtli
_P-R-O-C-ll-R-E-M-E-N-T-O-F-W-O-R-K-rS--------------
".;;'.
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:)
. ~~
,.,'
--------------------------------------------------------------------------~--------------------[lssuin~
Beneficiary:
ojEmployer]
Date:
Agency's
---------------------
/~
\ \\ \ \
to.the conditions,-et th\ ~tra~~,~e~ the
.r'
o-:.~
' \
\
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\ . ..-.,,-1"
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<\
in
~'"
rV,(
\/
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[signature(sJ]
.
SECOND EDITION, JANUARY 2007
29
Section - 3
CONDITIONS OF CONTRACT
Conditions of Contract shall be read in conjunction with Section 5 - Contract Data in
Volume 2, which shall take precedence over the Conditions of Contract
I
f
,-
31
CONDITIONS OF CONTRACT
]
--I
A. General, 35
c.
1.
2.
3.
33.
34.
35.
36.
Identifying Defects, 45
Tests, 45
Correction of Defects, 45
Uncorrected Defects, 46
..D.
Cost Control, 46
4.
5.
6.
7.
8.
9.
10.
1I.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
B.
Definitions, 35
Interpretation, 37
Language and Law, 38
Engineer's Decisions, 38
Engineer's Representative, 38
Communications, 38
Subcontracting, 38
Other Contractors, 38
Personnel, 39
Employer's and Contractor's Risks, 39
Employer's Risks, 39
Contractor's Risks, 40
Insurance, 40
Site Investigation Reports, 40
Queries about the Contract Data, 41
Contractor to Construct the W orks~ 41
The Works to be Completed by the
Intended Completion Date, 41
Approval by the Engineer, 41
Safety,. 41
Discoveries, 41
Possession of the Site, 41
Access to the Site, 41
Instructions, 41
Dispute Resolution, 42
Procedure for Adjudication, 42
Arbitration, 43
Time Control , 44
27. Programme, 44
28. Extension of the Intended
Completion Date, 44
29. Accel~ration, 44
30. Delays Ordered by the Engineer, 1/5
310 Management Meetings, 45
32. Early Warning, 45
37.
38.
39.
40.
41.
42.
43.
Quality Control, 45
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
Bills of Quantities, 46
Changes in the Quantities, 46
Variations, 46
Payments for Variations, 47
Cash Flow Forecasts, 48
Payment Certificates, 48
Payments, 48
Compensation Events, 48
Change in Law, 50
Currencies, 50
Price Adjustment, 50
Retention, 51
Liquidated Damages, 52
Bonus, 52
Advance Payment, 52
Securities, 52
Dayworks,53
Cost of Repairs, 53
E.
55.
56.
57
58.
Completion, 53
'raking Uver, 53
Statement at Completion, 53
Operation and Maintenance
Manuals, 54
Tennination, 54
Payment upon Termination, 55
Property,55
Release from Perfonnance, 55
Provisional Sums and
N~minated Sub-contracting, 55
Sus ension of Works, 56
44.
59.
60,
61.
62.
63.
64.
33
PROCllREl\tlENT OF WORKS
A. General
I
I
1.
Definitions
"-
Co~act.
'-.'---/
35
Institute for Construction Training and Development (lCTAD)
. exe
~i~lA\@
.
.
U L'"j&t rials are. all suppli~s, .including consumables, used by the
"'----C
III
lht: Wurk.s.
Party means either or both the Employer and the Contractor as the
context requires.
36
Institute for Con6truction Training and Development (lCTAD)
PROCllREMENT OF WORKS
,'~'
Contract
The Start Date is given in the Contract Data. It is the latest date
when the Contractor shall commence execution of the Works. It
does not necessarily c.olnclde with (\ny ot the Site Possession
Dates.
I,
is
2.
Interpretation
2.. 1
;l?fi\rm
(~@IJ'
ref~ren~e
A
~,----"/~uppleinent
to
document includes an amendment or
to, or replacement or innovation of, that document
but disregarding any anlendment, supplement, replacement or
innovation made in breach of this Contract; and
be provided
37
J,
Section 3 - Condition3 Jf Contract
PROClJREMENT OF WORKS
2.3
Agreement,
L~tter of Acceptance,
Memorandum of understanding (if any)
Contractor's Bid,
Contract Data,
3.
Language and
Law
3.1
The law
4.
Engineer's
4.1
5.1
5.2
Decisions
5.
6.
Engineer's
Representative
Communications
7. >.,,:)Sub Contracting
8.
Other Contractors
8.1
The Contractor shall cooperate and share the Site with other
contractors~
38
Institute for Construction Training and Development (lCTAD)
PROCiIRE:MENT OF WORKS
9.
Section 3 -
Personnel
9. 1
'2
~o.
Employer's and
Contractor's
Risks
10.1 The Employer carries the risks which this Contract states are
Employer's risks, and the Contractor carries the risks which this
Contract states are Cdntractor's risks.
11.
Employer's Risks
11.1
From the Start Date until the Final Certificate has been issued, the
following are Employer's risks:
(a)
(b)
;:
!~
!~'.J.: .\';~;~ ;.~{. ,:~@lflNID)
"'l;.:~~~~~?r: ...~~ ~:.\~.'~ ~
I
,:,;~:;o~h';
'iL'o;~,~n ~
(i)
(ii)
(i)
(ii)
(iii)
11.2 From the Completion Date until the Final Certificate has been
issued, the risk of loss of or damage to the Works, Plant, and
Materials is an Employer's risk except loss or damage due to;
(a)
(b)
(c)
PROCVREMENT OF WORKS
12.
Contractor's
12.1
From the Start Date until the Final Certificate has been issued,
the risks of personal injury, death, and loss of or damage to
property (including,' without limitation, the Works, Plant,
Materials, and Equipment) which are not Employer's risks are
Contractor's risks.
13.1
Risks
IJ.
Ihsuranc~
13.2
The Contractor shall provide insurance cover from the Start Date to
the end of the Defects Liability Period, in the amounts stated in
the Contract Data for the following event which is due to the
Contractor's risk:
(a) liability for personnel injury or death of workmen or other
~mployees of the Contractor. The Contractor's liability for
personal injury or death of workmen shall be as provided
for in the Workmen's Compensation Act and any other
statutory modifications or amendments thereto.
-., 13.3
~.
"". . c.o..:.m. ,pe.n.sation ~o
be
pay~ble
\n~.:~~ff!"~he: co.ntractor
does not provide "any of the policies and
required, the Employer may effect the insurance
~,~rtificates
;'
which~i the 'Contractor
14.
Site Investigation
Reports
13.5
13.6
14.1
PR()CJ.lREl\JIENT OF WORKS
15.
15.1
16.
Contractor to
Construct the
Works
16.1
17.
The Works to be
17.1
18.1
18.2
18.3
18.4
18.5
Completed by the
Intended
Completion
Date
18.
Approval by the
Engineer
the
the
the
the
19.
Safety
19.1
20.
Discoveries
20.1
21.
Possession of the (
Employer shall give possession of all parts of the Site to the
Site
"C);trootor. The Employer if required may give possession of
,,'-------"1he Site in accordance with the approved programme. If
possession of a part is not given by the date stated in the
Contract Data, the Employer will be deemed to have delayed the
start of the relevant activities, and this will be a Compensation
Event.
22.
Access to the
Site
22. 1 The Contractor shall allow the Engineer and any person
Instructions
23.1
23.
~@1fiiQ}l
41
Institute for Construction Training and Development (ICTAD)
PR()CIIREMENT OF WORKS
24.
Dispute
24.1
25.1
EitlJ~t"~;nP:wtY may
Resolution
25
Procedure for
Adjudication
25.3
25.4
25.5
25.6
25.8
25.9
Replacement of Adjudi~ator
Should the Adjudicator resign or die or is removed by agreement
of the Parties on the basis of his unsatisfactory performance,. the
Parties may jointly appoint another Adjudicator and such an
appointment shall be made within fourteen (14) .Days after the
42
Institute for Construction Training and Development (ICTAD)
.....:P_R...;..;;O~(;....;;~l_rR.:..;.;E_M.....;;;E~N.....;;.T-.,;O;..;.F_W_O_R_KS~
Se_c_ti_on} -
of
26
26.1
Arbitration
on
th~
interpretation
26.2
/,..~The arbitral
(u\
nrM?fA\fm
U~g!~fetion Procedure:
"
26.4
43
Institute for Construction Training and Development (leT AD)
PROClIREMENT OF WORKS
B. Time Control
27.
Programme
27.1
Within the time stated in the Contract Data, the Contractor shall
submit to the Engineer for approval a programme showing the
g~IJ~&~:J;':,:!m.~$.~~8~, arrangements, order, and timing for all the
activ1tii~s~4iti'tlltfW orks.
27.2
27.3
27.4
27.5
28.1
.1,
28.
Extension of the
.Intended
,_ Completion pate
.t,~'~ .. ~
;': ~; /
,"
29.
/28.2
he Engineer shall decide whether and by how much to extend
n~fA\fi\\t e Intended Completion Date within 21 Days of the Contractor
U~U ~a ing the Engineer for a decisiQrI upon the effect of a
. . . .. nlp~llsaliulI EVt:llt or Variation and submitting full supporting
' . ~ 'Information. If the Contractor has failed to give early warning of
a delay or has failed to cooperate in dealing with a delay as
foreseeable by an experienced contractor, the delay by this
failure shall not be considered in assessing the new Intended
Completion Date.
Acceleration
29.1
44
Institute for Construction Training and Development (leT AD)
PROCllREl\-lENT OF WORKS
29.2
30.
Delays Ordered by
the Engineer
30.1
31.
Management
31.1
3 1.2
Meetings
all
32.
Early
Warning
32.1
32.2
be
c.
33.
Identifying
Quality Control
DefeC~~~e Engineer shall check the Contractor's work and notify the
\ u!SU~cfn~acto~ of any Defects that are fou~d and shall specii! a time
\
wJthln which the defects are to be rectified. , Such checking shall
"",
34.
Tests
34.1
35.
Correction of
Defects
35.1
36.
Uncorrected
Defects
35.2
35.3
36.1
D. Cost Control
37. Bills of '
Quantities
37.1
38.1
If the final quantity of the work done differs from the quantity in
39. Variations
~~&@Y
SE(:O~D
46
Institute for Construction Training and Development (ICTAD)'
PROCllREMENT OF WORKS
39.4
the Works;
(d)
by others;
(e) any additional work, Plant, ~v1aterials or services necessary for
the Works, including any associated Tests on Completion,
boreholes and other testing and exploratory work; or
.39.5 The Contractor shall not make any alteration and/or modification
of the pennanent Works, unless and until the Engineer instructs or
approves a Variation.
39.6 All Variations shall be included in updated programmes produced
by the Contractor.
40.1 . The Contractor shall provide the Engineer with a quotation for
carrying out the Variation when requested to do so by the
Engineer within 07 Days or such extended time given by the
Engineer. The Engineer shall assess the quotation before the
Variation is ordered, taking into consideration the provision given
in the Bills of Quantities and if, in the opinion of the Engineer, the
quantity of work within the limit stated in Sub-Clause 38.1 or the
timing of its execution do not cause the cost per unit of quantity to
change, the rate in the Bills of Quantities shall be used to
calculate the value of the Variation. If the cost per unit of
quantity changes, or if the nature or timing of the work in the
//""-iriation does not correspond with items in the Bills of
..
47
SECOND EDITION, JANUARY 2007
PR()ClIREMENT OF WORKS
41.42.
Forecasts
Payment
Certificates
Cf'sh Flow
amQ~nt:~ertifiedpreviously,.
42.2 The Engineer shall check the Contractor's monthly statement and
certify the amount to be paid to the Contractor within 21 days of
the receipt of the Contractor's statement.
42.3 The value of work executed shall be determined by the Engineer.
42.4 The value of work executed shall comprise the value of the
quantities of the items in the Bills of Quantities completed.
42.5 The value of work executed shall include the valuation of
Variations and Compensation'Events and the 80% of the value of
the Materials brought to the Site for the pemlanent Works but
not incorporated in such Works.
42.6 The Engineer may exclude any item certified in a previous
certificate or reduce the proportion of any item previously
certified in any certificate in the Iight of later information.
I.
43.
Payments
. r
i . ~
.~ ;~c.-
r.
L,'
.I"
. U " ,', ~:{ :~
Items
~:'; . . :~:,1l~:4
. f
i,1
44.
Compe'o'sation
Events
41..1. .
~ .:.,.
'.
':.
. . '
..
':
-.
", (a)"t~e Employer does not give access to a part of the Site by the
site possession date stated in the Contract Data.
48
Institute for Construction Training and Development (leT AD)
--,
Section 3 - Conditio~?:.yfContract
PROC\IREMENT OF WORKS
(c)
(d)
(e)
(t),
(g)
(h)
(i)
0)
Completion.
(k)
(I)
.
SECOND EDITION. JANlJARY 2007
49
PROCUREMENT OF WORKS
44.4! ;Th~ C6ntractor shaH not be entitled to compensation to the extent that
the: 'Em'ployer's interests are adversely affected by the Contractor not
'having giyen early warning or not having' cooperated with the
Engine:er ~. :..'....
.
45.
Change in Law
46.
Currencies
46.1 Where payments are mad~:~n currencies other than Sri Lankan Rupees,
the exchange rates used for calculating the amounts to be paid shall be
the exchange rates stated in the Contract Data.
47.
Price
Adjustment
47.1 Unless otherwise stated in the Contract Data the amounts computed
from the formula given under this sub-clause in respect of the rise or
fall in the cost of labour, Material, Plant and other inputs to the
Works, shall be added to or deducted from the payment to the
Contractor.
(a) The adjustment to the payritent certificates in respect of Changes
in Cost and Legislation . ~hall be determined frOln following
~rmula:
(n~f6\lfIll
\ U~ U[;V
..
0.966 (V 100
~ "~.~,Px
YnJ . ..
Ux.-=-.lx.Jll
AH>J.!lputs
I Xb
~ere:
F
= Price adjustment ~f~:~he period concerned.
V
= Current valuatiori ~(workdone for the period.
V na
Value of non adjustable element or value of work not
considered for pric~ variation.
Px
Input percentag~. of\nput named X.
1xc
Current indice~:of.itlput X.
1xb
Base indices input X.
of
50
Institute for Construction Training and Development (leT AD)
Section 3 - Conditior.',',
PROCl!REMENT OF WORKS
:r Contract
(c) The
"Non:,adj~~~8:Q;le, elements"
means,
(i) The work done under the BOQ items that shall not be
considered for valuation of price adjustment which are listed
under Clause 47 in Contract Data.
'---I
If the Contractor fails to complete the Works within the time for
prescribed under Clause 17 or 28 the price adjustlnent
/----....~ompletion
rul&t
48.
Retention
48. 1 The Employer shall retain from ~ach payment due to the Contractor the
proportion stated in the Contract Data subject to the limit of retention
stated in the Contract Data..
48.2 'On Completion of the whole of the Works, first half the total amount
. retained shall be repaid to the Contractor and second half when the
Defects Liability Period has passed and the Engineer has certifie-d'that
all Defects notified by the Engineer to the Contractor before the end of
this- period have been corrected.
51
Institute for Construction Training and Development (lCTAD)
BM
*
Section 3 - C{Jnditip~~;:~. ~f Contract
PROClJREMENT OF \VORKS
49.
Liquidated
Damages
49.1 The Contractor s~.~J1 pay liquidated 'damages to the Errlployer at the
rate per Day staled in the Contract Data for each Day that the
Completion Date is later than the Int~nded Completion Date. The total
amount of liquidated danlages shall not exceed the amount defined in
,the Contract Data. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall
not affect the Contractor's liabilities.
49.2 If the Intended Completio.n Date is ~xtended after liquidated damages
have been paid, the Engineer shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,
calculated from the date' of payment to the date of repayment, at the
rates specified in Sub-Clause 43. 1.
so.
Bonus'
5~:..1
51.
Advance
Payment
51.2 The Contractor is to use the advance payment only to pay for
EqUipment, .Plant, Materials, and mobilization expenses required
/"
catty f().r execution of the Contract. The Contractor shall
I. demonJ1ate that advance payment has been used in this way by
(~~~in
5~ The
52..
Securities
52
Institute for Construction Training and Development (lCTAD)
PROClIREl\'IENT OF WORKS
53.
Dayworks
53.-1 If applicable, the Dayworks rates in the Contractor~s Bid shall be used
for small additional amounts of work only when Engineer has given
written instructions in advance for additional work to be paid for in that
way.
53.2 All work to be paid for as Dayworks shall be recorded by the
Contractor on forms approved by th-e Engineer. Each completed form
shall be verified and signed by the Engineer within tw'O days of the
work being done.
53.3 The Contractor shall be paid for Dayworks subject to'obtaining signed
Dayworks fonns.
54.
Cost of Repairs
Completion
56.
Taking Over
56.1 The Employer shall take over the Site and the Works within 7 Days of
the Engineer's issuing a Certificate of Completion.
57
Statement at
Completion
57.1 The Contractor shall supply the Engineer with a detailed account of
the amount that the Contractor considers payable under the Contract
within 21 Days after issuing of Certificate of Completion. The
Engineer shall certify any payment that is due to the Contractor within
42 Days of receiving the Contractor's account if it is correct and
complete. If it is not, the Engineer shall issue within 14 Days a
/'" c
ule that states the scope of the corrections or additions that are
(
necess . If the account is still unsatisfactory after it has been
n~i ed, the Engineer shall decide on the amount payable to the
Cl
, U~<!:!~c,or and issue a payment certificate. The Employer shall pay the
~contr~or the amount certified within 28 Days of the issue of
Etrgfueer's certification on the amount due. The contractor wi 11 be
entitled to interest rate and in the same manner as stipulated in Clause
43.1 if payments as stipulated herein are delayed.
57.2 The Contractor shall supply the Engineer an account of the tinal
amount that the Contractor considers payable under the Contract, after
COITPQtion of all De.fects notified and within 7 Days after the end of
Defect Liability Period. The Engineer shall certify any payment that is
due to the Contractor within 42 Days of receiving the. Contractor~s
account if it is correct and complete. If it is not, the Engineer shall
issue within 14 Days a schedule that states the scope of the corrections
or additions that are necessary. If the final account is still
unsatisfactory after it has been resubmitted, the Engineer shall decide
on the amount payable to the Contractor and issue a payment
53
PROClIREMENT OF WORKS
certificate. The Employer shall pay the contractor the amount certified
within 35 Days of the issue of Engineer's certification on the amount
due. The contractor will be entitled to interest rate and in the same
manner as stipulated in Clause 43.1 if payments as stipulated herein are
delayed.
58
Operation and
MalntenKllce
Manuals
58.1 If "as built" Drawings and/or operating and 1l1aintenance manuals are
r8quired, the Contractor shall supply them by the dates stated in the
Contract Data.
58.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the Contract Data, or they do not receive the Engineer's
approval, the Engineer shall withhold the amount stated in the Contract
Data from payments due to the Contractor.
59.
Termination
59.1
The Employer or the Contractor may terminate the services under the
Contract if the other Party causes a fundamental breach of the
Contract.
/ ..~---~
'
54
Institute for Construction Training and Development (JCTAD)
PROCllREMENT OF WORKS
60.
61.
62.
63.
Payment upon
Termination
Property
Release from
. Performance
Provisional
Sums and
Nominated
59.3
59.4
59.5
60.1
60.2
61.1
...
63.1
z-
Sub-
. Contracting
55
Institute for Construction Training andDevelopment (leT AD)
PROClJREMENT OF '\fORKS
63.2
and/or
~'
63.3
63.4
(b) whom the Engineer instructs the Contractor. under Clause 39, to
employ as a subcontractor.
64
Suspension of
63.5
63.6
63.7
64.1
Works
~@8 ineer may also notify the cause for the suspension. If and to the
'~
64.2
64.3
The Contractor shall be entitled to payment of the value (as at the date
of suspension) of Plant and/or Materials which have not been delivered
to Site, if:
(a) the work on Plant or delivery of Plant and/or Materials has been
suspended for more than 28 Days, and
56
Institute for Construction Training and Development (ICTAD)
PROCIIRE1\'IENT OF WORKS
-:....:.~~~..;.::.:..-:.....;=-----.,;;.~~------_._---,---------------
(b) the Contractor has marked the Plant and/or Materials as the
Employer's property in accordance with the Engineer's
instructions.
~l
64.4
If the suspension under Sub-Clause 64.1 has continued for more than
84. Days, the Contractor may request the Engineer's permission to
proceed. If the Engineer does not give pernlission within 28 Days after
being requested to do so, the Contractor may, by giving notice to the
Engineer, treat the suspension as an omission under Sub-Clause 39 of
the affected part of the Works. If the suspension affects the whole
of the Works, the Contractor may give notice of termination under
Sub-Clause 59
64.5
~-.......,
.\
(~@Lr&@)
'''-----',;/'
57
SECOND EDITION .. JANlJARY Z007
Section .. 4
FORM OF BID AND QUALIFICATION
INFORMATION
Note:
Note:
Bidders are advised to consider the information printed in blue
colour in the document as a..checklist, when submitting their bids.
However, it is the responsibility of the bidders to comply lvith all
the requirements given ill the bidJill~ ducufnefli.
59
PROCllREMENT OF WORKS
Form of Bid
l)rior to issue ofthe bidding doclllnenLs, the E111plo}'er should insert relevant data/or all
n1arked l1-'ith t.m iJsterisk (*).
Note:
NalTIC
ot~ COlltract:*
itell1.\'
Gentlenlan,
1.
a9P
/r'"\
\ /-"
tfu: ~id. \
\\
(~
' ..r''.
\
\\,
\ \~\,/)
'v/
3.
/r'/\
\ \
\ v/
\
'
'y/r'
4.
t
~
(\,/".)
~-,
\
\
5.
Unless 'and u~l a\fobn a I agreenlent is prepared and executed this Bid" together with your
written a~t,ce rtlereot~ shall constitute a binding contract between us.
6.
We
7.
We understand that you are not bound to accept the lo'\vest or any liid you Inay receive.
,_........
accept / "ve do not ac<;ept the Adjudicator.
[)ated this
alld
011
day of
20
in the capacity ot
behalf" of
.
(IN BLOCK CAPITALS)
Signature
Address
Witness
61
Institute for Constructiotl Training and Development (lCTAD)
PROCllREMENT OF WORKS
Qualification Information *
(To be completed and submitted by the bidder, with the Bid)
(* if requested only)
leTAD Re2istration
Re~jstration number
Grade
Speciality
Expiry Date
BacJdisted Contractors
Have you been declared as a defaulted contractor by NP A or any other Agency? (Yes/No)
IF yes provide details
VAT Registration }'Jumber
/It
Construction Program
(attach as annex)
/'\.
\ \.
..A
Legal status
Year
Year
Year
Year
Year
.....
.....
.....
.....
.....
( \\~
/\
\ \~\
~ \ \) )
(?
~
-~
~\
1.~e
\ \
\'
\\
\'
\\
//
\..--"
\\ \\./
, \.
\\
\, 'v'"
,/
\\ ) ~
V'
Year .................
Year ...............
3. Value
Year ................
(attach copies ofCertificate of Completion etc., as annex)
\) V
. ~.,::~ ~. .t~~: -~~;~~~ :t~~:~: .~~:":,:;~::~ ~~:!~:!~~.~ ~:":\~}\\: ::~}~:~:~;l~':: ~;:~}~! ~:::~1~; :~:'~?~ ~\'::;~;2~:!~:}:~&::~:~:~;4:~ ~:~:~\,~:~:;~r~: .~:~~:'i/:~ :;~::r'::~.~:5 ~:~~::~:~L:: . ~;:~:::.':: .1:;".;..~.::" :L~ .;~.~:'::. ~
"-"
Major items of construction
,_.3.~e
l'""i'"
z:~
s..n
~i ~~. i
;Wl.r;:~
e
\
.(.-':1.
-:': t\
Capacity ..................
Capacity ..................
Capacity ....................
Capacity ...................
Capacity ...................
1. type
2. type
equipment proposed*
(\
,,/\ \\ \
"
"if,
,~J M
Managerial:
"
].
2.
3.
~.
Procuring Entity sl].all.include only the requirement listed in the Bidding Data under ITB
C/a~se
.4.3
63
Institute for Construction Training and Development (lCTAD)
Section - 5
BIDDING DATA AND CONTRACT DATA
Note:
The Bidding Data and Contract .Data included herein are Specimen. The
Procuring Entity may fill the necessary information and include them as
Section 5 in .Volume 2 before issuance ofthe Bidding Documents.
65
PROClJREi\'IENT OF WORKS
G. Bidding Data'.
Instructions to Bidders
Clause Reference
The Employer is
(1.1)
Address:
located at ------"""'-I,p....-.-J,---Jp......lt-~_+_____\.-~-----(1.2)
(1.3)
~he
(2.1)
14
----------
8
9
10
J1
/z
13
J.J
/3
This section should befi//ed by the Procuring Entity before issuance ofthe bidding document
Name ofthe Legal entity to sign the Contract
Brie/summary; including name, identification number, relationship to other contracts under the project etc
Insert Contract period in days (refer Procurement N/anua/ 4.2.2)
Specify name, designation and address for collection of bidding documents
Shall be a fee to cover the cost ofa set ofbidding documents
Insert times and dates ofissuing ofbidcljng documents; shall be one day prior to the deadlinefor submission ofbids
Insert GOSL or name ofthe funding agency
Shall be same as Invitation to Bid; Guidance may be obtainedfrom Procurement lv/anual Section 5.3.5;
67
SECOND EDITION 7 JANUARY 2007
SC'.::.~9j1
"
PROCliREl\J!ENT OF WORKS
b~ prt:"vld~d
in Section 4:
leTAD Registration;
. Registration number
Grade
Specialty
Expiry Date
*
*
*
*
Construction Programme
Legal Status (Sole proprietor, Partnership, Company etc. )
\ .\
/\S
Qualificat;ons and
personnel proposed
(4.4)18
~)
\\
any other.
-'
\ \\
t:\ ~
\ \\
V
v'
'
'1::
Proposals for the timely acquisition (own. lease. hire. etc.) of the
essential equipment listed in the Bidding Data clause 4.1;
'7;;P~"'~>f~J':;'
...~
'\.
:~~
/7
/8
19
~~tt~~~rutd~
rl
:~
:<~
~o!a;e~t\~~nual
L
SECOND EDITION, JANUARY 2007
- . . .-
._
..
_-------_._-~------------~~
PROCllREMIENT OF
~~YORKS
2.
3..
(9.1)
FaX
E-mail
(11.1)
(12.0)
(13.3)
~.
~(\
,
'\
oth~r
"
\.
\G .,,\
\ \
s.
e amount written
ver VAT component
(13.4)21
Option 1
Bid shall include a Bid Security using the form included in Section 9.
20
2/
22
23
..... '
..
24
2S
26
Usually estimated payments flow-over a period of 3 months at the average (straight line distribution) construe/ion rate.
Refer Procurement Manual 5.3.4.
lYlandatory for any contract where the construction period exceed three months
Select "is" or "is not"
.
Insert only if biddt:rs are allowed to bid in foreign currencies under Clause J4. J.
Shall be same as Invitation to Bid refir procurement manual 5.3./0
Th~ per/uil should be reallslLc. Usually the pertod is Y1 - J4/ Uays jrom submission Dj Bids.
.
Select one ofthe options and delete the other
69
SECOND EDITION, JANUARY 2007
PROCl.IREI'WENT OF WORKS
(16.2)27
'!"~
Valid until_'
validity ofthe Bid]
date29
time ----
(19.2) a
(19.2) b
Contract name:
/\
//~\ '.
//\
Contract no.
r/\
:Ni b
(20.1)
Jl
\\
("
\ \,/\
-\\ e \
\.
,)
\\7,
~b-~e
(28.1)32
\ '\\\ \.\
\
,,\
\ \.
\
\ .\'\. \
\ \\,/j
\w ",)
D~o~~o'~i~ors ~ible
---...\
"'--./i:\
'
27
28
29
30
JI
32
JJ
70
SECOND EDITION, JANUARY 2007
PROCVREi\tlENT OF WORKS
(31.1)34
Cash Deposlt:
'.
Rupees 50,OOO.n~
/'\\,
\\ \
/\
\/'\
()
\,
\,/\
~ii\ a~o~an~~~~e
After evaluation of
procedures described
under Clauses
26,~-2~~ 2~~an~ 30y-the Employer will inform to all
the bidders i~
Iting\th~ ~ sel~etio"n of the successful bidder and the
inte~f ~on ct awa'tii ~ such bidder. The unsuccessful bidders if
. they..~o\'ri~, ~itliin on~ of such notice may make representation to
t:'ti.Je ~ec~ t~t~ Line Ministry at the address given below. Such
l
"-
CO~lU io and a cash deposit to amount given below shall be made. The
deposit will be forfeited unless the Employer change the original contract
award decision in favour of the bidder who has made such representation.
(34.0)
Address:
-----------j i..."'''~sh Deposit : Rs. 25,000.00
.l' ',~ ,~,l>.'.:~31;(I;.%~\:\
35
price\"k::,::~jf
iS
3-1
35
36
Deletefor DPC, PPC and RPC; For CA PC and At/pc select appropriately
Generally 5%
insert name and address
71
Institute for Construction Training and Development (lCTAD)
PROClIRENIENT OF WORKS
~ontract
Data
Contract Data 37
(Please note that the Clause nos. given hereunder are that ofCondition8 ofContract)
(1.1)
Th.e Employer is
Name:
Address:
The Engineer is
/~
Name:
Address:
/'\
/
(
~,
'.
/\
,\\
'
\1
'\ \.
r"'\\\
\
'\
. '& \
'
\
~.,J
\.'\
"
con~~ \--\-\~\--.;-~~~
({ \ \(\ \7\
(1.1)
'\.
\
\ \\ \
\
" \ \~~
\ \v \ \)
(
The Works
(1.1)
(1.1)
(2.3)39
,.\
!. D
1.
U"'~} ~
2 :11ll ..;'1 '~..lf ~ ~;...\i(~ J,~
311
39
....J()
...
,~~p~
(8.1)
37
".
~~;~
;!\'.
Period
The relevant information shall befi/Jed by the Procuring Entity before issuing the bidding document
Depends on the complexity ofthe Contract; /4,21 or 28 Days may be appropriate
Insert if required only
If other contractors are not engaged state "None"
73
SECOND EDITION, JANUARY 2007
,,';r
T"5
.. ; : "
S~ction
PROCl.JREl\'IENT OF WORKS
I
!
I
(9.1)
/.
(b) Manager
(13.1)
(a)
/"""
'\
The maximum
Plant and Matenals IS 42 , / \ \
\.-
\ \ ....
./
43
(b)
__
,../
,\
/{cY't't
/\\ \\'0)
\The
~e
\ /
\\
,J
\/
'-\\\ V
CJ .
(13.2)
(17.1)
45
(21.1)
shall be 46
(27.1)
-11
.11
oil
.I.J
015
-/6
__
74
SECOND EDITION, JA~UARY 2007
PROClIRE~IENTOF
WORKS
47
~:O!1tract
(27.3)
(27.4)
(35.1)
iS
Data
Days.
(\f\
1.
2.
(46.1)
~ \ '\ \
\ ~ \
\
uta ing\ the,..)8-m~~
. (\
/;_._'- \ \
(47.1)
The
\ \(
\)
~ ~--~
Total
Non adjustable element shall be:
BOQ Item Numbers:
,
....... ., ,
-,
-, .
./H
-/9
50
5/
52
53
5./
Input Percent~ge
90%
~
./7
\ ..~--
\\)\)
S:~:~::~~:' :::~~:~~;:~~~e
(48.1)
In
52
\.(
\-~.
be paid
is\-'\
-'\V-eig'tirtgk oflnpUlV
\)
S51 \
percent of the
Month/y, quarterly
Generally an amount equivalent to 2% ofthe Initial Contract Price
Insert the contingency sum in the latest TeE
if required only
Generally bllsed on the selling rate ofconversion determined by the Central Bank as ai 28 Days prior to the date of
closing ofBids. "
. . .
.
Delete ifprice adjustment is applicable
Generally 10%
Generally 5%
75
SECOND EDITION. JANUARY 2007
PROClIREl\'IENT OF WORI(S
(49.1)
l'he liquidated darl1ag~~ for the VY'hole of the Works shall be55
____"per Day.
(50..1)
(52.1)
(58.1)
(60.1)
r\
,/\
\
r"'--',
'-.
\
\\
((\.\ \ \
\ \V~ \)
/
57
\\ \(,
~.J
COr.1pI
\'\
\\ \
~ \\ \
\\)\
\
,/
\,,/
\\
v~r
~./
55
56
57
5X
Depends o~ the urgency ofthe project. Generally 0.05 % o/the lnitial Contract Price may be appropriate
Generally 10%.,
.
Generally 5% ofInitial Contract Price
Genera/(v 25~~ ofInitial Contract Price
76
Institute for Construction Training and Development (ICTJ-\D)
Section - 6
SPECIFICATIONS
77
S~CliUtl 0 -
PROClIREl\1ENT OF "tORt'S
SpecttlCatiOns
Section - 6
SPECIFICATIONS
pr~-requisite
The specifications
should require that all goods and materials to be incorporated in the works be new, unused, of
the most recent or current models, and incorporate all recent improvements in design and
materials unless provided otherwise in the Contract.
For drafting specifications the Employers are advised to use the following standard
specifications published by leTAD.
*
*
*
*
*
SeAl3/l
SCAJ3/2
SCA/3/3
Reclamation Works
SCA/1/4
SCA/4
SCA/4/II
*
*
*
seAls
SCAl6
SeAl8
ICTAD/DEV/16 -
ICTADIQEV/17 -
79
SECOND EDITION, JANUARY 2007
Section -7
BILLS OF QUANTITIES
Notes: In preparation o/the bidding document the users are advised to;
(1)
(2)
(3)
81
Section - 8
DRAWINGS
83
,----1
\
Section - 9
STANDARD FORMS
[BID]
..,.----
Bid Security
11
85
Section 9 -
PROClJREMENT OF WORKS
Stand~5.rd
Forms [Bid]
Note:
The bidders are advised to use the information printed in blue in this volume as a check
list when submitting the bid. However, it is the responsibility of the bidders to comply
with all the requirements given in the bidding document. Failure to non compliance
with any of them may be a reason/or rejection ofthe Bid.
Bidders should not complete the Form ofAgreement at the time ojpreparation
ofbids.
The successful bidder will be required to sign the Form ofAgreement, after the
award ofcontract.
87
SECOND EDITION. JANUARY 2007
PR{)(:{lREJ\1ENT OF WORKS
Date:
('
,/,'
\-
,-,,\ \ \"
Furthermore, we understand that, according to your cono",~, \B~s it,tus(~,e s~p~6rted by a Bid
.
//\
.t
G uaran ee.
(\
/,---"
.
\
,'\ \
\ 'I ~,\
~
\ .,.
\//)
\
\
\\
\\
\
\ \
\. \ \ \ \ / / .
. .
At the request of the BIdder, we --------1--t~---\----t---T---~--~~~~~--------[Insert name of IssuIng
agency] hereby irrevocably undertake'lq pai' y'Ql1"J.qy svm\or ~s not exceeding in total an amount
:h,
(a)
Cb)
,,/
//,r
\~~..
has with&a-~"\it~\Bi~(jJ.}ring the period of bid validity specified; or
\
'1."
does not ac\e~tJMe correction of errors in accordance with the Instructions to Bidders
(hereinafter "the ITB") ; or
having been notified of the acceptance of its Bid by the Employer during the period of bid
validity, (i) fails or)"efus~~o execute the Contract Form, jfrequired, or (ii) fails or refuses to
furnish the Perfo~~c:,S~~ity, in accordance with the ITB.
I n, .;,;\, 0\ I
This Guarantee shall ex~r~~::J IlU\' the Bidder is the successful bid.ger, upon our receipt of copies of
the Contract signed by th~.~der ~mi of the Performance Security issued to you by the Bidder; or (b)
if the Bidder is not the succesSTu1 bidder, upon the earlier of (i) the successful bidder furnishing"the
performance security, otherwise it will remain in force up to ---------~------ (insert date 60)
(c)
Consequently, any demand for payment under this Guarantee must be received by us at the offic.e on
or before that date.
[fJ;gnofure(~)
59
60
of aUfhorizl?d reprl?sentative(s) ]
S.:C()ND
EDITION~ JANllARY
2007
89
Institute for Construction Training and Development (leT AD)
PR(){:(:REi\IENT OF WORKS
l"'/\
\ ~
bidders (herein~ftel\"th@ ITB'''), bids must be
.
1.
. (--,,,,//..)
fOr
(a)
(b)
(c)
3.
.
,~//\ \ \/\ \ '\\ \
l/We* accept that we shall bC'suspended from beir!g.~'~gib~e
cQ-rttract\ a~-d in any contract
wh~re .bids hay: being invit~d by any of the .,PrOfurih'o \E~.ity\as \d~nar in th~ Procu~ement
GUIdelines pUbl~shed by NatIonal procurem~t~gepc~\t~\SI\. ~a~~.a,~. for the perIod of tIme of
three years startmg on the latest date~r c Sl~g Of,b~s 'f.!~IS bid, If I/We:
.
2.
,,'"
("\
'\
/'
having~en \lotwe~ ot\thJ~ce~ of our Bid by you, during the period of bid validity,
(i) fjlf1(~r)efu~et9~e'xe.c~e~ Contra~t Form, if required, or (ii) fail or refuse to furnish the
perl\0rman.~e s~~r~ty, In accordance wIth the ITB.
\.
--. \, \\ / "\
I/We* und~s~n~ if We are' not the successful bidder, this bid securing declaration shall expire
upon the eSdi.er/of (i) the successful bidder furnishing the performance security; or (ii) twentyeight days after the expiration of the validity of the bid.
-signature(~folauth~~,d
/"
Signed [insert
In the Capacity of
.....
....'",
[inse.r4~&~
representative]
90
SEC()i'lD EDrrION'lJANlIARY 2007
~I
ITEM
Addresse~ to
the Employer?
Completed?
Signed?
YES
tick
REFERENCE
18
18
18
11
I
i'
!
16
Fonnat as required?
16
16
Amount as requested?
16
16
Signed?
I
12
19
91
I
I