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37. Signing of
Contract
38. Performance
Security
Section I. Instructions to Bidders
36.3 At the same time, the Purchaser shall also notify all other
Bidders of the results of the bidding process, and shall publish in UNDB online and at the Bank’s website (www.afdb.org), the results identifying the bid and lot numbers and the following information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as read out at bid opening; (iii) name and evaluated prices of each Bid that was evaluated; (iv) name of bidders whose bids were rejected and the reasons for their rejection; and (v) name of the winning Bidder, and the price it offered, as well as the duration and summary scope of the contract awarded. After publication of the award, unsuccessful bidders may request in writing to the Purchaser for a debriefing seeking explanations on the grounds on which their bids were not selected. The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, after Publication of contract award, requests a debriefing.
37.1 Promptly upon notification, the Purchaser shall send the
successful Bidder the Contract Agreement. 37.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to the Purchaser. 37.3 Upon the successful Bidder’s furnishing of the signed Contract
Agreement and Performance Security pursuant to ITB 38, the Purchaser will discharge its Bid Security, pursuant to ITB 19. 37.4 Notwithstanding ITB 37.2 above, in case signing of the Contract
Agreement is prevented by any export restrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems or services to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/goods, systems or services, the Bidder shall not be bound by its bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Purchaser and of the Bank that signing of the Contract Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract Agreement. 38.1 Within twenty-eight (28) days of the receipt of notification of
award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the conditions of
Section I. Instructions to Bidders 1-27
contract, using for that purpose the Performance Security Form included in Section IX, Contract Forms, or another form acceptable to the Purchaser. If the performance security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Purchaser. A foreign institution providing a bond shall have a correspondent financial institution located in the Purchaser’s Country.
Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, or execution of the Bid-Securing Declaration. In that event the Purchaser may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the Purchaser to be qualified to perform the Contract satisfactorily.
Section II. Bid Data Sheet 1-28
Section II. Bid Data Sheet A. General ITB 1.1 ITB 1.1 ITB 1.1 The number of the Invitation for Bids is : [insert number of invitation] The Purchaser is: [insert complete name] The name of the bidding process is: [insert complete name] The identification number of the bidding process is: [insert identification number] The number and identification of lots comprising this bidding process are: [insert number and identification of each lot, if applicable] ITB 2.1 ITB 2.1 ITB 2.1 ITB 4.1 (a) ITB 4.4 The Borrower is: [insert complete name] The specific Bank financing institution is: [insert ADB, ADF, NTF, etc., as appropriate] The name of the Project is: [insert name of the Project] The individuals or firms in a joint venture, consortium or association [insert “shall be” or “shall not be”] jointly and severally liable. A list of debarred firms is available at http://www.afdb.org/debarred B. Contents of Bidding Document ITB 7.1 For clarifications purposes only, the Purchaser’s address is: Attention: [insert full name of person, if applicable] Street Address: [insert street address and number] Floor/Room number: [insert floor and room number, if applicable] City: [insert name of city or town] ZIP Code: [insert postal (ZIP) code, if applicable]
Section II. Bid Data Sheet 1-29
Country: [insert name of country] Telephone: [insert phone number, with country and city codes] Facsimile number: [insert fax number, with country and city codes] Electronic mail address: [insert e-mail address, if applicable] Requests for clarifications should be received by the Purchaser no later than [insert no. of days], prior to the deadline for submission of Bids. ITB 7.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place. If a Pre-Bid meeting will take place, it will be at the following date, time and place: Date: [insert date, if applicable] Time: [insert time, if applicable] Place: [insert place, if applicable] A site visit conducted by the Purchaser [insert “shall” or “shall not be”] organized. If a Site Visit will take place, it will be at the following date, time and place: Date: [insert date, if applicable] Time: [insert time, if applicable] Place: [insert place, if applicable] C. Preparation of Bids ITB 10.1 ITB 11.1 (h) ITB 11.1 (j) ITB 13.1 The language of the bid is: [insert language] The Bidder must provide the following documentary evidence to establish the conformity of the goods and Related Services with the Bidding Document: [Insert Documentation required] The Bidder shall submit with its bid the following additional documents: [insert additional Documentation required] Alternative bids are invited in accordance with ITB 13.2 and/or 13.4 [Where alternative bids are invited, the Purchaser should specify the type(s) of alternative(s) accepted in relation to ITB 13.2 and 13.4] or Alternative bids are permitted in accordance with ITB 13.3.
1-30 Section II. Bid Data Sheet
or Alternative bids are not permitted. [Use as appropriate]. ITB 13.2 Alternatives to the Time Schedule [insert “shall” or “shall not be”] permitted. If alternatives to the Time Schedule are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria. ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Goods and Related Services, as further detailed in the Specification: [insert parts required, or “none”]. If alternative technical solutions are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria. Alternative technical solutions for the following parts of the Requirements: [insert parts or “none”] are permitted. ITB 14.2 ITB 14.5 Prices [insert “shall be” or “shall not be”] fixed. The version of the Incoterms is: [insert version of Incoterms] ITB 14.6(a)(i) The Incoterm for quoting goods offered from within the Purchaser’s country is: [insert relevant Incoterm] ITB 14.6(b) The Incoterm for quoting goods offered from outside the Purchaser’s country is: [insert relevant Incoterm] (i) ITB 14.7 The prices quoted by the Bidder [insert “shall be” or “shall not be”] subject to adjustment during the performance of the Contract. [Where prices shall be subject to adjustment during the performance of the Contract, the Bidder is required to furnish the indices and coefficients for the Price Adjustment Formula (Sample) furnished in Section IV, Bidding Forms.] Prices quoted for each lot shall correspond at least to [insert percentage figure] % of the items specified for each lot. Prices quoted for each item of a lot shall correspond at least to [insert percentage figure] % of the quantities specified for this item of a lot. The currency(ies) of the bid and the payment currency(ies) shall be as described below: [Choose just one of the following alternatives below] In case of ICB Alternative A (Bidders to quote entirely in local currency): (a)
The unit rates and the prices shall be quoted by the Bidder in the ITB 14.8 ITB 15.1