STANDARD PROCUREMENT DOCUMENTS
Standard Bidding Document
for
Procurement of Goods
African Development Bank
September 2010, revised July 2012
Foreword
This Standard Bidding Document (SBD) for Procurement of Goods (together with its User’s Guide) has been prepared by the African Development Bank, and is based on the 2008 and 2009 versions of the Cross-Harmonised Master Document for Procurement of Goods prepared by the Multilateral Development Banks and International Financing Institutions. This SBD reflects the structure and the provisions of the Master Document for Procurement of Goods, except where specific considerations within the African Development Bank have required a change.
This SBD for Procurement of Goods shall be used by Borrowers for procuring Goods contracts valued higher than UA 300,000 under International Competitive Bidding (ICB) procedures. However, this SBD may also be adapted for National Competitive Bidding (NCB) situations, where conditions have been determined to be appropriate, with the approval of the Bank.
The Bank’s documentation on the SBD for Procurement of Goods has been organized into two (2) separate volumes:
? SBD for Procurement of Goods; and
? User’s Guide for the SBD for Procurement of Goods.
Those wishing to submit comments or questions on these documents, or to obtain additional information on procurement under Bank-financed projects, are encouraged to contact:
Procurement & Fiduciary Services Department (ORPF)
African Development Bank (www.afdb.org) Temporary Relocation Agency – Tunis (Tunisia)
13 Avenue du Ghana
BP. 323, 1002 Tunis-Belvedere
Tunisia
Tel.: +216 - 71 102 027 Fax: +216 - 71 831 552
E-mail: procurementpolicy@afdb.org
Procurement & Fiduciary Services Department (ORPF)
African Development Bank (www.afdb.org) Headquarters – Abidjan (C?te d'Ivoire)
5 Avenue Joseph Anoma 01 B.P. 1387, Abidjan 01
C?te d'Ivoire
Tel.: +225 - 20 20 44 44 Fax: +225 - 20 21 77 53
E-mail: procurementpolicy@afdb.org
Summary Description
The use of this Standard Bidding Document for Procurement of Goods and its User’s Guide normally applies in situations where no Prequalification has taken place before bidding.
However, if a Prequalification process is undertaken, then the Qualification Criteria stipulated in Section III, Evaluation and Qualification Criteria must be updated to ensure that the Bidder and any Subcontractors shall meet or continue to meet the Criteria used at the time of Prequalification.
A brief description of the parts, sections, and contents is given below.
SBD for Procurement of Goods
PART 1 – BIDDING PROCEDURES
Section I:
Instructions to Bidders (ITB)
This Section provides information to help Bidders prepare their bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of Contracts. Section I contains provisions that are to be used without modification.
Section II.
Bid Data Sheet (BDS)
This Section includes provisions that are specific to the bidding process and supplement Section I, Instructions to Bidders.
Section III. Evaluation and Qualification Criteria
This Section specifies the criteria to be used to determine the lowest evaluated bid and the requirements for the Bidder’s qualification to perform the contract.
Section IV: Bidding Forms
This Section includes the forms which are to be completed by the Bidder and to be submitted as part of its bid.
Section V. Eligible Countries
This Section includes information regarding eligible countries.
PART 2 – PURCHASER’S REQUIREMENTS
Section VI.
Requirements
This Section includes the List of Goods and Related Services, the Delivery and Completion Schedules, the Technical Specifications and the Drawings that describe the Goods and Related Services to be procured.
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section VII. General Conditions (GC)
This Section contains the general clauses to be applied in all contracts. The text of the clauses in this Section shall not be modified.
Section VIII. Particular Conditions (PC)
This Section contains clauses specific to each contract that modify or supplement Section VII, General Conditions.
Section IX: Contract Forms
This Section includes the forms which, once completed, will form part of the contract. These forms shall be completed only by the successful Bidder after contract award.
PROCUREMENT DOCUMENTS
Bidding Document for Procurement of Goods
Procurement of:
Issued on: ---------------
ICB No: ……………..
Purchaser: ----------------
Country: ---------------
Preface
This Bidding Document for Procurement of Goods has been prepared by [name of Executing Agency] and is based on the Standard Bidding Document for Procurement of Goods issued by the African Development Bank, dated June 2010. The Standard Bidding Document for Procurement of Goods reflects the structure and the provisions of the Master Document for Procurement of Goods, prepared by Multilateral Development Banks and International Financing Institutions, except where specific considerations within the African Development Bank have required a change.
Standard Bidding Document
Table of Contents
PART 1 – Bidding Procedures ................................................................................................. Section I. Instructions to Bidders ...............................................................................................3 Section II. Bid Data Sheet ........................................................................................................28 Section III. Evaluation and Qualification Criteria ...................................................................35 Section IV. Bidding Forms ......................................................................................................45 Section V. Eligible Countries ..................................................................................................69 PART 2 – Purchaser’s Requirements ................................................................................. 73 Section VI. Requirements ........................................................................................................75 PART 3 –Conditions of Contract and Contract Forms .................................................... 81 Section VII. General Conditions ..............................................................................................82 Section VIII. Particular Conditions........................................................................................107 Section IX. Contract Forms ...................................................................................................113
PART 1 – Bidding
Procedures
Section I. Instructions to Bidders Section I. Instructions to Bidders
Table of Clauses
A. General
1. Scope of Bid 2. Source of Funds
3. Fraud and Corruption 4. Eligible Bidders
5. Eligible Goods and Related Services
B. Contents of Bidding Document 6. Sections of Bidding Document
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 8. Amendment of Bidding Document
C. Preparation of Bids 9. Cost of Bidding 10. Language of Bid
11. Documents Comprising the Bid 12. Letter of Bid and Price Schedules 13. Alternative Bids
14. Bid Prices and Discounts
15. Currencies of Bid and Payment
16. Documents Establishing the Qualifications of the Bidder
17. Documents Establishing the Eligibility of the Goods and Related Services 18. Period of Validity of Bids 19. Bid Security
20. Format and Signing of Bid
D. Submission and Opening of Bids
21. Submission, Sealing and Marking of Bids 22. Deadline for Submission of Bids 23. Late Bids
24. Withdrawal, Substitution, and Modification of Bids 25. Bid Opening
E. Examination of Bids 26 Confidentiality
27. Clarification of Bids
28. Determination of Responsiveness
1-3
1-5 1-5 1-5 1-5 1-8 1-10 1-10 1-10 1-11 1-12 1-12 1-12 1-12 1-13 1-14 1-14 1-14 1-16 1-16 1-16 1-16 1-17 1-18 1-19 1-19 1-20 1-20 1-20 1-21 1-22 1-22 1-22 1-22
1-4 Section I. Instructions to Bidders
F. Bid Evaluation and Comparison 29. Correction of Arithmetical Errors 30. Conversion to Single Currency 31. Bid Adjustments
32. Qualification of the Bidder 33. Comparison of Bids
34. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 1-24 1-24 1-24 1-24 1-24 1-25 1-25
G. Award of Contract 35. Award Criteria
36. Notification of Award 37. Signing of Contract 38. Performance Security
1-25 1-25 1-25 1-26 1-26
Section I. Instructions to Bidders 1-5
Section I. Instructions to Bidders
A. General
1. Scope of Bid
1.1 The Purchaser indicated in Section II, Bid Data Sheet (BDS)
issues this Bidding Document for the procurement of Goods and related services as specified in Section VI, Requirements. The name, identification, and number of lots are provided in the BDS. 1.2 Unless otherwise stated, throughout this Bidding Document
definitions and interpretations shall be as prescribed in Section VII, General Conditions. 2.1 The Borrower or Recipient (hereinafter called ―Borrower‖)
indicated in the BDS has applied for or received financing (hereinafter called ―funds‖) from the African Development Bank (hereinafter called ―the Bank‖) toward the cost of the project named in the BDS. The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued. 2.2 Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Borrower and the Bank (hereinafter called the Loan Agreement), and will be subject in all respects to the terms and conditions of that Loan Agreement. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to the funds. 3.1
It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank Financing), Bidders, Suppliers, contractors, and their agents (whether declared or not), sub-contractors, sub-consultants, service providers or suppliers, and any personnel thereof, observe the highest standard of ethics during the procurement and execution of Bank-financed contracts1. In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
2. Source of
Funds
3. Fraud and
Corruption
1
In this context, any action to influence the procurement process or contract execution for undue advantage is improper.
1-6 Section I. Instructions to Bidders
(i) ―Corrupt Practice‖ is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party2; (ii) ―fraudulent practice‖ is any act or omission, including a misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a party3 to obtain financial or other benefit or to avoid an obligation; (iii)―Collusive Practice‖ is an arrangement between two or more parties4, designed to achieve an improper purpose, including to influence improperly the actions of another party; and (iv) ―Coercive practice‖ is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party5;
(v) ―Obstructive practice‖ is
(v.1) deliberately destroying, falsifying, altering, or
concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or
(v.2) acts intended to materially impede the exercise of
the Bank’s inspection and audit rights provided for under paragraph 3.1(e) below.
(b) will reject a proposal for award if it determines that the
Bidder recommended for award, or any of its personnel, or
2
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the procurement process or contract execution. In this context, “public official” includes Bank staff and employees of other organizations taking or reviewing procurement decisions. 3
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution. 4
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including public officials) attempting either themselves, or through another person or entity not participating in the procurement or selection process, to simulate competition or to establish bid prices at artificial, non-competitive levels, or are privy to each other’s bid prices or other conditions. 5
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract execution.
Section I. Instructions to Bidders 1-7
its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the Contract in question;
(c) will declare misprocurement and cancel the portion of the
Financing allocated to a contract if it determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of such Financing engaged in corrupt, fraudulent, collusive, coercive or obstructive practices during the procurement or the implementation of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices; (d) will sanction a firm or individual, at any time, in accordance
with the prevailing Bank’s sanctions procedures6, including by publicly declaring such firm or individual ineligible either indefinitely or for a stated period of time, (i) to be awarded a Bank-financed contract; (ii) to be a nominated7 sub-contractor, consultant, supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (e) will require that a clause be included in Bidding Documents
and in contracts financed by the Bank, requiring bidders, suppliers and contractors, and their sub-contractors, agents, personnel, consultants, service providers, or suppliers, to permit the Bank to inspect all accounts, and records and other documents relating to the submission of bids and contract performance and to have them audited by auditors appointed by the Bank.
3.2
Furthermore, Bidders shall be aware of the provisions stated in
6
A firm or an individual may be declared ineligible to be awarded a Bank financed contract: (i) upon
completion of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment as agreed with other International Financial Institutions, including Multilateral Development Banks, or otherwise decided by the Bank; and through the application of the Proposal for the Implementation of a Sanctions Process within the African Development Bank Group; and (ii) as a result of temporary suspension or early temporary suspension in connection with an on-going sanction proceeding. See footnote 18 and paragraph 9 of Appendix 1 of the Rules and Procedures for Procurement of Goods and Works. 7
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are used depending on the particular bidding documents) is one which has either been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirement for the particular bid; or (ii) appointed by the Borrower.”
1-8 Section I. Instructions to Bidders
Section VII, General Conditions.
4. Eligible
Bidders
4.1 A Bidder may be a natural person, private entity, government-owned entity—subject to ITB 4.5—or any combination of such entities supported by a letter of intent to enter into an agreement or under an existing agreement in the form of a joint venture, consortium, or association (JVCA). In the case of a joint venture, consortium, or association:
a) b)
unless otherwise specified in the BDS, all partners shall be jointly and severally liable, and
the JVCA shall nominate a Representative who shall have the authority to conduct all businesses for and on behalf of any and all the partners of the JVCA during the bidding process and, in the event the JVCA is awarded the Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with the Bank’s Rules and Procedures for Procurement of Goods and Works, and as listed in Section V, Eligible Countries. A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including Related Services. 4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy
from any of them; or (c) they have the same legal representative for purposes of this
bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have access to information about or influence on the bid of
another Bidder, or influence the decisions of the Purchaser regarding this bidding process; or (e) a Bidder participates in more than one bid in this bidding
Section I. Instructions to Bidders 1-9
process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which it is
involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of
Section VI, Requirements that are the subject of the bid; or (g) a Bidder or any of its affiliates has been hired, or is
proposed to be hired, by the Purchaser or the Borrower for the supervision of the contract.
4.4 A Bidder that is under a declaration of ineligibility by the Bank
in accordance with ITB 3, at the date of the deadline for bid submission or thereafter, shall be disqualified. 4.5 Government-owned entities in the Borrower’s country shall be
eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under the principles of commercial law, and (iii) are not dependent agencies of the Purchaser or the Borrower. 4.6 Bidders shall not be under execution of a Bid–Securing
Declaration in the Purchaser’s Country. 4.7 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Purchaser, as the Purchaser shall reasonably request.
4.8 Firms from an eligible country shall be excluded if:
(a)
as a matter of law or official regulation, the Borrower’s country prohibits commercial relations with that country; or
by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of Goods from that country or any payments to persons or entities in that country.
(b)
4.9 In case a prequalification process has been conducted prior to
the bidding process, this bidding is open only to prequalified Bidders. 4.10 A firm sanctioned by the Bank in accordance with the above ITB
Clause 3.1 (d), or in accordance with the Bank’s policies on anti-
1-10 Section I. Instructions to Bidders
corruption and fraud and Bank’s sanctions procedures8, shall be ineligible to be awarded a Bank-financed contract, or to benefit from a Bank-financed contract, financially or in any other manner, during the period of time determined by the Bank.
5. Eligible Goods
and Related Services
5.1 All goods and related services to be supplied under the Contract
and financed by the Bank, shall have as their country of origin an eligible country of the Bank in accordance with the Bank’s Rules and Procedures for Procurement of Goods and Works, and as listed in Section V, Eligible Countries. 5.2 For purposes of this Clause, the term ―Goods‖ includes
commodities, raw material, machinery, equipment, and industrial plants; and ―Related Services‖ includes services such as insurance, transportation, installation, commissioning, training, and initial maintenance. 5.3 The term ―country of origin‖ means the country where the Goods
have been mined, grown, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its imported components. 5.4 The nationality of the firm that produces, assembles, distributes,
or sells the Goods shall not determine their origin.
6. Sections of
Bidding Document
B. Contents of Bidding Document
6.1 The Bidding Document consists of Parts 1, 2, and 3, which
include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures
? ? ? ? ? ?
Section I. Instructions to Bidders (ITB) Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria Section IV. Bidding Forms Section V. Eligible Countries Section VI. Requirements
PART 2 Purchaser’s Requirements
PART 3 Conditions of Contract and Contract Forms
8
See the Proposal for the Implementation of a Sanctions Process within the African Development Bank Group and the Bank’s Whistleblowing and Complaints Handling Policy. The Bank’s sanctions procedures are publicly disclosed on the Bank’s external website.”
1-36 Section III. Evaluation and Qualification Criteria
The date for the exchange rate shall be: [specify date (day/month/year)] or [In case of NCB] Not applicable. 1.4 Discounts (In accordance with ITB 14.4) The Purchaser will adjust the Bid Price, using the methodology prescribed by the Bidder in its Letter of Bid, to take account of the Discounts offered by the Bidder in its Letter of Bid, as read out at the Bid Opening. Quantifiable Nonmaterial Nonconformities (In accordance with ITB 28.8) The adjustment shall be made using the following methodology: [insert methodology] Margin of Domestic or Regional Preference (If permitted in accordance with ITB 31.2) [Insert the applicable criteria and methodology] 1.5 1.6 1.7 1.7 Any other Criteria or Methodology [Insert the applicable criteria and methodology]
2. Qualification Criteria
N.B.: This SBD for Procurement of Goods assumes that no Prequalification has taken place before bidding. However, if a Prequalification process is undertaken, the Qualification Criteria stipulated in this Section III, Evaluation and Qualification Criteria must be updated to ensure that the Bidder and any Subcontractors shall meet or continue to meet the Criteria used at the time of Prequalification. 2 Qualification (Without Prequalification) 2.1 2.2 Eligibility (TABLE) Historical Contract Non-Performance (TABLE)
Section III. Evaluation and Qualification Criteria 1-37
2.3 2.4 Financial Situation (TABLE) Experience (TABLE)
1-38 Section III. Evaluation and Qualification Criteria
2. Qualification Tables (Without Prequalification)
Factor Criteria Bidder Sub-Factor Requirement Single Entity Joint Venture, Association Consortium or Documentation Required Qualification Criteria
2.1 Eligibility 2.1.1 Nationality All partners combined Nationality in accordance Must meet Existing or with ITB 4.2. requirement intended JVCA must meet requirement Each partner Must meet requirement At least one partner N / A Form ELI –1.1 and 1.2, with attachments 2.1.2 Conflict of Interest No- conflicts of interests Must meet Existing or Must meet as described in ITB 4.3. requirement intended requirement JVCA must meet requirement Not having been declared Must meet Existing Must meet ineligible by the Bank as requirement JVCA must requirement described in ITB 4.4. meet requirement N / A Letter of Bid 2.1.3 Bank Ineligibility N / A Letter of Bid
Section III. Evaluation and Qualification Criteria 1-39
Factor Criteria Bidder Sub-Factor Requirement Single Entity 2.1 Eligibility Joint Venture, Association All partners combined Consortium or Documentation Required Each partner At least one partner Form ELI –1.1 and 1.2, with attachments Letter of Bid 2.1.4 Government Owned Entity 2.1.5 Ineligibility based on a United Nations resolution or Compliance with Must meet Must meet Must meet conditions of ITB 4.5 requirement requirement requirement Not having been excluded as a result of the Borrower’s country laws or official regulations, or Must meet by an act of compliance requirement with UN Security Council resolution, in accordance with ITB 4.8 N / A Borrower’s country law Existing JVCA must Must meet meet requirement requirement N / A
Factor Sub-Factor Criteria Requirement
Bidder 2.2 Historical Contract Non-Performance Documentation Required 1-40 Section III. Evaluation and Qualification Criteria
Joint Venture, Association Single Entity All partners combined Consortium or Each partner At least one partner Form CON - 2 2.2.1 History of non-performing contracts Non-performance of a contract did not occur within the last __________ (_) years prior to the deadline for application submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the bidder have been exhausted. Must meet requirement by itself or as partner to past or existing JVCA N / A Must meet requirement by itself or as partner to past or existing JVCA N / A 2.2.2 Failure to Sign Contract Not being under execution of a Bid-Securing Must meet Declaration pursuant to the ITB 4.6 for ______ years requirement N / A Must meet the requirement itself or as partner to a JVCA Letter of Bid N / A