1.2          Throughout this bidding document:

(a)          the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Purchaser) with proof of receipt;

(b)         if the context so requires, “singular” means “plural” and vice versa; and

(c)          “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays.

2.2           Payment 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 Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the Loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).

3.2            In further pursuance of this policy, Bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and their personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

4.2           A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:

(a)      directly or indirectly controls, is controlled by or is under common control with another Bidder; or

(b)      receives or has received any direct or indirect subsidy from another Bidder; or

(c)      has the same legal representative as another Bidder; or

(d)      has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Purchaser regarding this Bidding process; or

(e)      or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the Bid; or

(f)       or any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for the Contract implementation; or

(g)      would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or

(h)      has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such Contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.

4.3           A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid, except for permitted alternative Bids. This includes participation as a subcontractor. Such participation shall result in the disqualification of all Bids in which the firm is involved. A firm that is not a Bidder or a JV member, may participate as a subcontractor in more than one Bid.

4.4           A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or sub-consultants for any part of the Contract including related Services.

4.5          A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.

4.6          Bidders that are state-owned enterprises or institutions in the Purchaser’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Purchaser.

4.7          A Bidder shall not be under suspension from Bidding by the Purchaser as the result of the operation of a Bid–Securing Declaration or Proposal-Securing Declaration.

4.8           Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b) 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 or contracting of works or services from that country, or any payments to any country, person, or entity in that country.

4.9           A Bidder shall provide such documentary evidence of eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request.

4.10       A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment;

(a)    relates to fraud or corruption; and

(b)   followed a judicial or administrative proceeding that afforded the firm adequate due process.

5.2          For purposes of this ITB, the term “goods” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, installation, training, and initial maintenance.

5.3           The term “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 components.

PART 1 Bidding Procedures

·            Section I – Instructions to Bidders (ITB)

·            Section II – Bidding Data Sheet (BDS)

·            Section III – Evaluation and Qualification Criteria

·            Section IV – Bidding Forms

·            Section V – Eligible Countries

·            Section VI – Fraud and Corruption

·            Section VII – Schedule of Requirements

PART 3 Contract

·            Section VIII – General Conditions of Contract (GCC)

·            Section IX – Special Conditions of Contract (SCC)

·            Section X – Contract Forms

6.3          Unless obtained directly from the Purchaser, the Purchaser is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Purchaser shall prevail.

6.4          The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information or documentation as is required by the bidding document.

8.2          Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Purchaser in accordance with ITB 6.3. The Purchaser shall also promptly publish the addendum on the Purchaser’s web page in accordance with ITB 7.1.

8.3          To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Purchaser may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB 22.2.

(a)          Letter of Bid prepared in accordance with ITB 12;

(b)          Price Schedules: completed in accordance with ITB 12 and ITB 14;

(c)          Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1;

(d)         Alternative Bid: if permissible, in accordance with ITB 13;

(e)          Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3;

(f)           Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the Contract if its Bid is accepted;

(g)         Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to bid;

(h)         Eligibility of Goods and Related Services: documentary evidence in accordance with ITB 16, establishing the eligibility of the Goods and Related Services to be supplied by the Bidder;

(i)           Conformity: documentary evidence in accordance with ITB 16 and 30, that the Goods and Related Services conform to the bidding document; and

(j)           any other document required in the BDS.

11.2      In addition to the requirements under ITB 11.1, Bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement.

11.3       The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

14.2      All lots (contracts) and items must be listed and priced separately in the Price Schedules.

14.3      The price to be quoted in the Letter of Bid in accordance with ITB 12.1 shall be the total price of the Bid, excluding any discounts offered.

14.4      The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid, in accordance with ITB 12.1.

14.5      Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS.A Bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected, pursuant to ITB 29. However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a Bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.

14.6      If so specified in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of lots (packages). Unless otherwise specified in the BDS, prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each item of a lot. Bidders wishing to offer discounts for the award of more than one Contract shall specify in their Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB 14.4 provided the Bids for all lots (contracts) are opened at the same time.

14.7      The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.

14.8      Prices shall be quoted as specified in each Price Schedule included in Section IV, Bidding Forms. The disaggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the Purchaser. This shall not in any way limit the Purchaser’s right to contract on any of the terms offered. In quoting prices, the Bidder shall be free to use transportation through carriers registered in any eligible country, in accordance with Section V, Eligible Countries. Similarly, the Bidder may obtain insurance services from any eligible country in accordance with Section V, Eligible Countries. Prices shall be entered in the following manner:

(a)          For Goods manufactured in the Purchaser’s Country:

(i)         the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-Shelves , as applicable), including all customs duties and sales and other taxes already paid or payable on the components and raw material used in the manufacture or assembly of the Goods;

(ii)       any Purchaser’s Country sales tax and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and

(iii)     the price for inland transportation, insurance, and other local services required to convey the Goods to their final destination (Project Site) specified in the BDS.

(b)         For Goods manufactured outside the Purchaser’s Country, to be imported:

(i)         the price of the Goods, quoted CIP named place of destination, in the Purchaser’s Country, as specified in the BDS;

(ii)       the price for inland transportation, insurance, and other local services required to convey the Goods from the named place of destination to their final destination (Project Site) specified in the BDS;

(c)          For Goods manufactured outside the Purchaser’s Country, already imported:

(i)         the price of the Goods, including the original import value of the Goods; plus any mark-up (or rebate); plus any other related local cost, and custom duties and other import taxes already paid or to be paid on the Goods already imported;

(ii)       the custom duties and other import taxes already paid (need to be supported with documentary evidence) or to be paid on the Goods already imported;

(iii)     the price of the Goods, obtained as the difference between (i) and (ii) above;

(iv)     any Purchaser’s Country sales and other taxes which will be payable on the Goods if the Contract is awarded to the Bidder; and

(v)       the price for inland transportation, insurance, and other local services required to convey the Goods from the named place of destination to their final destination (Project Site) specified in the BDS.

(d)         for Related Services, other than inland transportation and other services required to convey the Goods to their final destination, whenever such Related Services are specified in the Schedule of Requirements, the price of each item comprising the Related Services (inclusive of any applicable taxes).

15.2      The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Purchaser’s Country.

16.2       To establish the conformity of the Goods and Related Services to the bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section VII, Schedule of Requirements.

16.3       The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Section VII, Schedule of Requirements.

16.4       The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following commencement of the use of the goods by the Purchaser.

16.5       Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Section VII, Schedule of Requirements.

17.2       The documentary evidence of the Bidder’s qualifications to perform the Contract if its Bid is accepted shall establish to the Purchaser’s satisfaction:

(a)          that, if required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s 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 in the Purchaser’s Country;

(b)          that, if required in the BDS, in case of a Bidder not doing business within the Purchaser’s Country, the Bidder is or will be (if awarded the Contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and

(c)           that the Bidder meets each of the qualification criterion specified in Section III, Evaluation and Qualification Criteria.

18.2.    In exceptional circumstances, prior to the expiration of the Bid validity period, the Purchaser may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB 19, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 18.3.

18.3.    If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity period, the Contract price shall be determined as follows:

(a)      in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor specified in the BDS;

(b)      in the case of adjustable price contracts, no adjustment shall be made;

(c)      in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.

19.2.    A Bid Securing Declaration shall use the form included in Section IV, Bidding Forms.

19.3.    If a Bid Security is specified pursuant to ITB 19.1, the Bid Security shall be a demand guarantee in any of the following forms at the Bidder’s option:

(a)          an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company);

(b)         an irrevocable letter of credit;

(c)          a cashier’s or certified check; or

(d)         another security specified in the BDS,

from a reputable source, and an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Purchaser’s Country, the issuing non-bank financial institution shall have a correspondent financial institution located in the Purchaser’s Country to make it enforceable unless the Purchaser has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Purchaser prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original validity period of the Bid, or beyond any period of extension if requested under ITB 18.2.

19.4.    If a Bid Security is specified pursuant to ITB 19.1, any Bid not accompanied by a substantially responsive Bid Security shall be rejected by the Purchaser as non-responsive.

19.5.    If a Bid Security is specified pursuant to ITB 19.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s signing the Contract and furnishing the Performance Security pursuant to ITB 46.

19.6.    The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security.

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

(a)          if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder in the Letter of Bid, or any extension thereto provided by the Bidder; or

(b)         if the successful Bidder fails to:

(i)          sign the Contract in accordance with ITB45; or

(ii)        furnish a Performance Security in accordance with ITB 46.

19.8.    The Bid Security or Bid- Securing Declaration of a JV must be in the name of the JV that submits the Bid. If the JV has not been legally constituted into a legally enforceable JV at the time of Bidding, the Bid Security or Bid-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITB 4.1 and ITB 11.2.

19.9.     If a Bid Security is not required in the BDS, pursuant to ITB 19.1, and

(a)         if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Letter of Bid; or

(b)         if the successful Bidder fails to: sign the Contract in accordance with ITB 45; or furnish a performance security in accordance with ITB 46;

the Borrower may, if provided for in the BDS, declare the Bidder ineligible to be awarded a contract by the Purchaser for a period of time as stated in the BDS.

20.2      Bidders shall mark as “CONFIDENTIAL” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets, or commercial or financially sensitive information.

20.3      The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid.  The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.

20.4      In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

20.5      Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

(a)          in an envelope marked “Original”, all documents comprising the Bid, as described in ITB 11; and

(b)         in an envelope marked “Copies”, all required copies of the Bid; and,

(c)          if alternative Bids are permitted in accordance with ITB 13, and if relevant:

i.   in an envelope marked “Original -Alternative”, the alternative Bid; and

ii.  in the envelope marked “Copies – Alternative Bid” all required copies of the alternative Bid.

21.2.    The inner and outer envelopes, shall:

(a)          bear the name and address of the Bidder;

(b)         be addressed to the Purchaser in accordance with ITB22.1;

(c)          bear the specific identification of this Bidding process indicated in ITB 1.1; and

(d)         bear a warning not to open before the time and date for Bid opening.

21.3       If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the Bid.

22.2.    The Purchaser may, at its discretion, extend the deadline for the submission of Bids by amending the bidding document in accordance with ITB 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

(a)         prepared and submitted in accordance with ITB 20 and 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” or “Modification;” and

(b)         received by the Purchaser prior to the deadline prescribed for submission of Bids, in accordance with ITB 22.

24.2.    Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.

24.3.    No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Letter of Bid or any extension thereof.

25.2.    First, envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding Bid shall not be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on behalf of the Bidder, the corresponding Bid will be opened. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening.

25.3.    Next, envelopes marked “Substitution” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at Bid opening.

25.4.    Next, envelopes marked “Modification” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening.

25.5.    Next, all remaining envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the total Bid Prices, per lot (contract) if applicable, including any discounts and alternative Bids; the presence or absence of a Bid Security, if required; and any other details as the Purchaser may consider appropriate.

25.6.    Only Bids, alternative Bids and discounts that are opened and read out at Bid opening shall be considered further in the evaluation. The Letter of Bid and the Price Schedules are to be initialed by representatives of the Purchaser attending Bid opening in the manner specified in the BDS.

25.7.    The Purchaser shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 23.1).

25.8.    The Purchaser shall prepare a record of the Bid opening that shall include, as a minimum:

(a)     the name of the Bidder and whether there is a withdrawal, substitution, or modification;

(b)     the Bid Price, per lot (contract) if applicable, including any discounts;

(c)     any alternative Bids;

(d)    the presence or absence of a Bid Security or Bid-Securing Declaration, if one was required.

25.9.    The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

26.2      Any effort by a Bidder to influence the Purchaser in the evaluation or contract award decisions may result in the rejection of its Bid.

26.3      Notwithstanding ITB 26.2, from the time of Bid opening to the time of Contract Award, if any Bidder wishes to contact the Purchaser on any matter related to the Bidding process, it should do so in writing.

27.2      If a Bidder does not provide clarifications of its Bid by the date and time set in the Purchaser’s request for clarification, its Bid may be rejected.

(a)     “Deviation” is a departure from the requirements specified in the bidding document;

(b)    “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and

(c)     “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.

29.2      A substantially responsive Bid is one that meets the requirements of the bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

(a)          if accepted, would:

(i)    affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the bidding document, the Purchaser’s rights or the Bidder’s obligations under the Contract; or

(b)         if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.

29.3      The Purchaser shall examine the technical aspects of the Bid submitted in accordance with ITB 16 and ITB 17, in particular, to confirm that all requirements of Section VII, Schedule of Requirements have been met without any material deviation or reservation, or omission.

29.4      If a Bid is not substantially responsive to the requirements of bidding document, it shall be rejected by the Purchaser and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

30.2      Provided that a Bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements.  Such omission shall not be related to any aspect of the price of the Bid.  Failure of the Bidder to comply with the request may result in the rejection of its Bid.

30.3      Provided that a Bid is substantially responsive, the Purchaser shall rectify quantifiable nonmaterial nonconformities related to the Bid Price.  To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component in the manner specified in the BDS.

(a)          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;

(b)         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

(c)          if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

31.2      Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 31.1, shall result in the rejection of the Bid.

(a)   substantially responsive to the bidding document; and

(b)   the lowest evaluated cost.

34.2      To evaluate a Bid, the Purchaser shall consider the following:

(a)          evaluation will be done for Items or Lots (contracts), as specified in the BDS; and the Bid Price as quoted in accordance with ITB 14;

(b)         price adjustment for correction of arithmetic errors in accordance with ITB 31.1;

(c)          price adjustment due to discounts offered in accordance with ITB 14.4;

(d)         converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 32;

(e)          price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 30.3; and

(f)           the additional evaluation factors are specified in Section III, Evaluation and Qualification Criteria.

34.3      The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.

34.4      If this bidding document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated cost of the lot (contract) combinations, including any discounts offered in the Letter of Bid, is specified in Section III, Evaluation and Qualification Criteria.

34.5      The Purchaser’s evaluation of a Bid will exclude and not take into account:

(a)          in the case of Goods manufactured in the Purchaser’s Country, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Bidder;

(b)         in the case of Goods manufactured outside the Purchaser’s Country, already imported or to be imported, customs duties and other import taxes levied on the imported Good, sales and other similar taxes, which will be payable on the Goods if the contract is awarded to the Bidder;

(c)          any allowance for price adjustment during the period of execution of the contract, if provided in the Bid.

34.6      The Purchaser’s evaluation of a Bid may require the consideration of other factors, in addition to the Bid Price quoted in accordance with ITB 14. 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, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria. The criteria and methodologies to be used shall be as specified in ITB 34.2(f).

36.1      An Abnormally Low Bid is one where the Bid price, in combination with other constituent elements of the Bid, appears unreasonably low to the extent that the Bid price raises material concerns with the Purchaser as to the capability of the Bidder to perform the Contract for the offered Bid price.

36.2      In the event of identification of a potentially Abnormally Low Bid, the Purchaser shall seek written clarification from the Bidder, including a detailed price analyses of its Bid price in relation to the subject matter of the contract, scope, delivery schedule, allocation of risks and responsibilities and any other requirements of the bidding document.

36.3      After evaluation of the price analyses, in the event that the Purchaser determines that the Bidder has failed to demonstrate its capability to perform the contract for the offered Bid price, the Purchaser shall reject the Bid.

37.2       The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than specialized subcontractors if permitted in the bidding document), or any other firm(s) different from the Bidder.

37.3       An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the Bid, in which event the Purchaser shall proceed to the Bidder who offers a substantially responsive Bid with the next lowest evaluated cost to make a similar determination of that Bidder’s qualifications to perform satisfactorily.

(a)         the name and address of the Bidder submitting the successful Bid;

(b)         the Contract price of the successful Bid;

(c)         the names of all Bidders who submitted Bids, and their Bid prices as readout, and as evaluated;

(d)         a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notificationis addressed) was unsuccessful, unless the price information in c) above already reveals the reason;

(e)         the expiry date of the Standstill Period;

(f)          instructions on how to request a debriefing and/or submit a complaint during the standstill period.

(a)  substantially responsive to the bidding document; and

(b) the lowest evaluated cost.

43.2    Within ten (10) Business Days  after the date of transmission of the Letter of Acceptance, the Purchaser shall publish the Contract Award Notice which shall contain, at a minimum, the following information:

(a)         name and address of the Purchaser;

(b)         name and reference number of the contract being awarded, and the selection method used;

(c)         names of all Bidders that submitted Bids, and their Bid prices as read out at Bid opening, and as evaluated;

(d)         names of all Bidders whose Bids were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor;

(e)         the name of the successful Bidder, the final total contract price, the contract duration and a summary of its scope; and

(f)          successful Bidder’s Beneficial Ownership Disclosure Form, if specified in BDS ITB 45.1.

43.3 The Contract Award Notice shall be published on the Purchaser’s website with free access if available, or in at least one newspaper of national circulation in the Purchaser’s Country, or in the official gazette. The Purchaser shall also publish the contract award notice in UNDB online.

43.4    Until a formal Contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract.

44.2        Where a request for debriefing is received within the deadline, the Purchaser shall provide a debriefing within five (5) Business Days, unless the Purchaser decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided.  If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Purchaser shall promptly inform, by the quickest means available, all Bidders of the extended standstill period

44.3        Where a request for debriefing is received by the Purchaser later than the three (3)-Business Day deadline, the Purchaser should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3)-day deadline shall not lead to extension of the standstill period.

44.4        Debriefings of unsuccessful Bidders may be done in writing or verbally. The Bidders shall bear their own costs of attending such a debriefing meeting.

45.2        The successful Bidder shall sign, date and return to the Purchaser, the Contract Agreement within twenty-eight (28) days of its receipt.

45.3        Notwithstanding ITB 45.2 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 Contact 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.

46.2        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. In that event the Purchaser may award the Contract to the Bidder offering the next Most Advantageous Bid.

Purchaser is: Ministry of Gender, Children and Social Protection

The name of the RFB is: Supply And Delivery of Vehicles as follows:

Loan or Financing Agreement amount: US$ 100m

The name of the Project is: Ghana productive safety net project, Ministry of Gender, Children and Social Protection

Chief Director/ Project Administrator

Ministry of Gender, Children & Social Protection

Ghana Productive Safety Nets Project (GPSNP)

P O Box MBO186 Accra, Room No 14

Accra, Ghana

Telephone: (+233) 0302 688181 / 0302 688187 / 0302 688184

Email: info@mogcsp.gov.gh

Requests for clarification should be received by the Purchaser no later than: fourteen (14) days before closing date

Web page: www.gpsnp.com

All correspondence exchange shall be in the English language.

Language for translation of supporting documents and printed literature is English

a)      Valid Business Registration Certificates

b)      Evidence of Annual Company Registration Renewal

c)      VAT Registration Certificates

d)      Certificate of Incorporation

e)      Valid GRA Tax Clearance Certificate

f)       Valid SSNIT Clearance Certificate

g)      PPA Registration Certificate

h)      Most recent three (3) Year Audited Accounts

i)       Product Brochures

Bidder’s responsiveness in accordance with after sales service requirements as specified in section VII.

Place of Destination: CIP-Ministry of Gender, Children and Social Protection

For goods to be imported: Customs Duties and Value Added Taxes (CD & VAT) of the imported materials under the Contracts (incurred at the port of entry) shall be paid by the Purchaser.

The quantities and items to be delivered to sites are specified in the List of Goods and Delivery Schedule in Section VII: As per Schedule of Requirements.

In general, the Project Site is as follows:

For supply of goods: Ministry of Gender, Children & Social Protection, Ministries, Accra, Ghana.

ITB 18.1

If a Bid Security shall be required, the amount and currency of the Bid Security shall be as follows:

The bid security shall be valid for twenty-eight (28) days beyond the original validity period of the bid.

The person granting the Power of Attorney must have the authority to sign on behalf of the bidder.

In case the Bidder authorizes a person who is not in the payroll of the Bidder, the Bidder and the authorized person must have an Agent Agreement with defined roles and responsibilities specified for this procurement.

Attention: Chief Director

Ministry of Gender, Children & Social Protection

Liberia Avenue, P. O. Box MBO 186, Accra, Ghana

The deadline for Bid submission is:

Date: 18^th May, 2021

Time: 10:00 am  

Bidders shall not have the option of submitting their Bids electronically.

Ministry of Gender, Children & Social Protection

Liberia Avenue, Conference Room, on

Date: 18^th May, 2021

Time: 10:30 AM.

Bids shall be initialed by three representatives of the purchaser in the presence of representatives of the bidders. Each Bid shall be read aloud and numbered, and any modification to the unit or total price shall be initialed by the Representative of the Purchaser.

The date for the exchange rate shall be: prevailing exchange selling rate on the date of bid opening

(a)               Deviation in Delivery schedule: Yes

(b)              Deviation in payment schedule: No

(c)               the cost of major replacement component, mandatory spare parts, and service: No.

(d)              the availability in the Purchaser’s Country of spare parts and after-sales services for the equipment offered in the Bid No

(e)               Life cycle costs: the costs during the life of the goods or equipment No.

(f)                the performance and productivity of the equipment offered; No.

The maximum percentage by which quantities may be decreased is: 10%

The Chief Director

Ministry of Gender, Children & Social Protection

P. O. Box MBO 186, Accra, Ghana

Telephone: (+233) 0302 688181 / 0302 688187 / 0302 688184

Email: info@mogcsp.gov.gh

In summary, a Procurement-related Complaint may challenge any of the following:

1.      the terms of the Bidding Documents; and

2.      the Purchaser’s decision to award the contract.

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

Email Address: [insert Authorized Representative’s email address]

¨  Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4.

¨    In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

¨  In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents establishing:

·                 Legal and financial autonomy

·                 Operation under commercial law

·                 Establishing that the Bidder is not under the supervision ofthe Purchaser

8.         Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.[If required under BDS ITB 45.1, the successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]

Name: [insert name of JV’s Member authorized representative]

Address: [insert address of JV’s Member authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized representative]

Email Address: [insert email address of JV’s Member authorized representative]

¨  Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4.

¨    In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Purchaser, in accordance with ITB 4.6.

8.   Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.[If required under BDS ITB 45.1, the successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]

Currencies in accordance with ITB 15

RFB No: _____________________

Alternative No: ________________

Page N° ______ of ______

N°

cip[insert place of destination]

in accordance with ITB 14.8(b)(i)

(Col. 5×6)

(Col. 7+8)

Currencies in accordance with ITB 15

RFB No: _____________________

Alternative No: ________________

Page N° ______ of ______

N°

(Col. 6 minus Col.7)

(Col. 5´8)

(Col. 9+10)

______________________

Currencies in accordance with ITB15

RFB No: _____________________

Alternative No: ________________

Page N° ______ of ______

N°

(Col. 4´5)

% of Col. 5

(Col. 6+7)

RFB No: _____________________

Alternative No: ________________

Page N° ______ of ______

N°

(Col. 5*6 or estimate)

[The Purchaser shall fill in this table, with the exception of the column “Bidder’s offered Delivery date” to be filled by the Bidder]

N°

2.List of Related Services and Completion Schedule

Equipment offered should be from the manufacture’s own standard range of production in current supply and conforming as near as possible to the following specifications.  Vehicles should be suitable for continuous operation in tropical conditions altitudes 1,500 M above sea level.  Bidder shall ensure that the vehicle offered complies with the stipulated requirements of law pertaining to operation vehicles in Ghana or any modification there in effect at the time of submitting the bid.  All items to be fully assembled with all the normal standard fittings and tested ready for immediate use.

–          Diesel turbo engine with maximum output power of 130kW@3400 rpm

–          GVW 2715 kg approx.(max)

–          FM/AM  radio/ CD player with auxiliary input/USB, 6 speakers maximum and 8inch display audio blue tooth

–          4 Wheel Drive Station wagon

–          Eco drive mode – with(eco+normal+sport)

–          7 Seater

–          Dual zone climatic Air Conditioner (Left and Right Controls) with independent rear switch

–          Leather upholstery

–          Air Bag System: Driver and Passenger + Knee for Driver

–          Side impact beams on all doors

–          Side step

–          Steering column-Manually adjustable

–          Front seat slide – drivers and passenger (drivers and passenger:power)

–          Rear spoiler integrated high stop lamp

–          Chrome plated front grille and door handles

–          Chrome plate rear license garnish

–          Integrated antenna in rear and side glass

–          Immobilizer

–          Max. Ground clearance: 279 mm

–          Audio controls on steering wheel

–          Height: 1835mm

Front: 1545mm

Rear: 1555mm

Tyre: 5.8m

Body: 6.2m

–          Rear brakes: Ventilated disc brakes

–          Rear: 4-link with lateral rod

The vehicle offered shall be based on the Toyota manufacture’s current standard production model, which conforms as near as possible to the following specifications.  Vehicles shall be suitable for continuous operations in tropical condition  and for use in areas of Ghana

–          Left hand steering control

–          GVW 1820kg

–          Kerb weight 1265-1320 kg

–          Wheelbase: 2700 mm approx.

–          Ground clearance 130 mm

–          Four door sedan

–          Driver + Passenger  + Curtain + Knee airbags

–          Side impact beams on all doors

–          Automatic power windows on all doors

–          New current model of highest quality

–          Petrol, 4 stroke 4 cylinder, in line,

–          Dual VVT-i with Twin Cam

–          Engine capacity 1.8L

–          Minimum output 103kW/6400 engine rpm

–          Maximum Torque 172 Nm/4000 engine rpm

–          Min turning radius (Tire/Body) 5.4/5.8 m

–          Natural aspiration

–          Positive oil and fuel filtering with replaceable element

–          Fuel tank 55 litres capacity with strainer and sediment drain

–          Dust proof crankcase breather and oil filter cap

–          Heavy duty tropical cooling system suited for ambient temperatures of 45⁰C direct drive cooling fan

–          Engine under-guard Protection

–          7 speed Continuous Variable Transmission

– Independent suspension for both front and rear (MacPherson struts for front and Torsion beam with Toe correction)

– Full size spare tyre

–  Heavy duty coil springs

–  Double acting heavy duty telescopic shock absorbers for front and rear

– Impact absorbing body structure

–          Left hand side control

–          Power assisted

–          Tilt/Collapsible telescopic steering column

–          Power assisted

–          Ventilated Discs type- front

–          Solid Discs type, rear

–          Dual hydraulic circuit

–          ABS/EBD

–          Hand operated  lever type parking brake

–  225/45R17 wheels

–       Toyota recommended standard suitable for on/off road duties

–       Tubeless tyres

–       Alloy Wheels

–          12 volts

–          Heavy duty battery

–          Heavy duty starter and alternator

–          Hazard warning lights

–          Exterior lights and indicators to conform with Ghanaian regulations

–          Fog lamps

–          Forced ventilation system fitted with multiple speed fans.

–           Air conditioning

–          AM/FM radio /DVD player

–          Reverse camera

–          Digital clock.

–          Seating capacity: 5 persons with bucket type front seat upholstery shall be heavy-duty breathing cloth.

–          Safety belt front and  rear

–          Safety glass throughout

–           Sun visors

–          Alam

–          Dual outside mirrors and inside rear view mirrors

–          Outside mirrors, electrically controlled

–          Front and rear seat head rest

–          Odometer/Speedometer/Trip meter reading to 1 km (Tripmeter to 0.1km)

–          Maximum  speed  240 km/hr

–          Engine temperature gauge. Engine oil level gauge, -Parking brake light, Speedometer and odometer, Engine speed Tachometer, Seat belt and door warning lights.

–          Low engine oil pressure warning lights and gauge

–          Battery charge gauge (Amp meter)

–          Fuel level gauge

–          Optimum and guaranteed protection is required for complete vehicle

–          Warranty period (3 years or 100,000km whichever comes first)

–          Toyota Maker’s Standard

One operators maintenance manual

(a)          “Bank” means the World Bank and refers to the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).

(b)         “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein.

(c)          “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto.

(d)         “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

(e)          “Day” means calendar day.

(f)           “Completion” means the fulfillment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract.

(g)         “GCC” means the General Conditions of Contract.

(h)         “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract.

(i)           “Purchaser’s Country” is the country specified in the Special Conditions of Contract(SCC).

(j)           “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the SCC.

(k)         “Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract.

(l)           “SCC” means the Special Conditions of Contract.

(m)       “Subcontractor” means any person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier.

(n)          “Supplier” means the person, private or government entity, or a combination of the above, whoseBid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement.

(o)         “The Project Site,” where applicable, means the place named in the SCC.

3.2     The Purchaser requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.

4.2     Incoterms

(a)           Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms specified in the SCC.

(b)          The terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France.

4.3          Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.

4.4          Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

4.5          Nonwaiver

(a)           Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

(b)          Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

4.6          Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

5.2            The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Supplier.

7.2        All Goods and Related Services to be supplied under the Contract and financed by the Bank shall have their origin in Eligible Countries. For the purpose of this Clause, origin means the country where the goods have been grown, mined, 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 components.

8.2           A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

9.2        Throughout the execution of the Contract, the Supplier shall comply with the import of goods and services prohibitions in the Purchaser’s Country when

(a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country; or

9.2          (b) 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 any country, person, or entity in that country.

10.2      If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration.Arbitration may be commenced prior to or after delivery of the Goods under the Contract. Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

10.3       Notwithstanding any reference to arbitration herein,

(a)          the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and

(b)         the Purchaser shall pay the Supplier any monies due the Supplier.

11.2        Pursuant to paragraph 2.2 e. of Appendix to the General Conditions the Supplier shall permit and shall cause its subcontractors and subconsultants to permit, the Bank and/or persons appointed by the Bank to inspect the Site and/or the accounts and records relating to the procurement process, selection and/or contract execution, and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank. The Supplier’s and its Subcontractors’ and subconsultants’ attention is drawn to Sub-Clause 3.1 which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

16.2   The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services performed, and by the documents submitted pursuant to GCC Clause 13 and upon fulfillment of all other obligations stipulated in the Contract.

16.3   Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier, and after the Purchaser has accepted it.

16.4   The currencies in which payments shall be made to the Supplier under this Contract shall be those in which the Bid price is expressed.

16.5   In the event that the Purchaser fails to pay the Supplier any payment by its due date or within the period set forth in the SCC, the Purchaser shall pay to the Supplier interest on the amount of such delayed payment at the rate shown in the SCC, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award.

17.2  For goods Manufactured within the Purchaser’s Country, the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser.

17.3  If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the Purchaser’s Country, the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.

18.2   The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.

18.3   As specified in the SCC, the Performance Security, if required, shall be denominated in the currency(ies) of the Contract, or in a freely convertible currency acceptable to the Purchaser; and shall be in one of the format stipulated by the Purchaser in the SCC, or in another format acceptable to the Purchaser.

18.4   The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless specified otherwise in the SCC.

20.2   The Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the contract.Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the performance of the Contract.

20.3   The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall not apply to information that:

(a)           the Purchaser or Supplier need to share with the Bank or other institutions participating in the financing of the Contract;

(b)          now or hereafter enters the public domain through no fault of that party;

(c)           can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or

(d)          otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

20.4   The above provisions of GCC Clause 20 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.

20.5   The provisions of GCC Clause 20 shall survive completion or termination, for whatever reason, of the Contract.

21.2   Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.

(a)           The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods’ country of origin.

(b)          The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.

(c)           Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with GCC Clause 33.

23.2   The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in the SCC, and in any other instructions ordered by the Purchaser.

(a)     performance or supervision of on-site assembly and/or start‑up of the supplied Goods;

(b)     furnishing of tools required for assembly and/or maintenance of the supplied Goods;

(c)     furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

(d)    performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

(e)     training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

25.3   Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services

26.2   The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place in the Purchaser’s Country as specified in the SCC.Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.

26.3   The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Purchaser bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

26.4   Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Purchaser. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Purchaser or its designated representative to attend the test and/or inspection.

26.5   The Purchaser may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier’s performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected.

26.6   The Supplier shall provide the Purchaser with a report of the results of any such test and/or inspection.

26.7   The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 26.4.

26.8   The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

28.2   Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of final destination.

28.3   Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the SCC, or for eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever period concludes earlier.

28.4   The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discovery thereof.The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects.

28.5   Upon receipt of such notice, the Supplier shall, within the period specified in the SCC, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser.

28.6   If having been notified, the Supplier fails to remedy the defect within the period specified in the SCC, the Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.

(a)           the installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and

(b)          the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract.

29.2   If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GCC Sub-Clause 29.1, the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

29.3   If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf.

29.4   The Purchaser shall, at the Supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing.

29.5   `The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.

(a)     the Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser and

(b)     the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Purchaser with respect to patent infringement

32.2   For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

32.3   If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

(a)           drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser;

(b)          the method of shipment or packing;

(c)           the place of delivery; and

(d)          the Related Services to be provided by the Supplier.

33.2   If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.

33.3   Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

33.4    Value Engineering:The Supplier may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;

(a)   the proposed change(s), and a description of the difference to the existing contract requirements;

(b)   a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle costs) the Purchaser may incur in implementing the value engineering proposal; and

(c)   a description of any effect(s) of the change on performance/functionality.

The Purchaser may accept the value engineering proposal if the proposal demonstrates benefits that:

(a)   accelerates the delivery period; or

(b)   reduces the Contract Price or the life cycle costs to the Purchaser; or

(c)   improves the quality, efficiency or sustainability of the Goods; or

(d)   yields any other benefits to the Purchaser,

without compromising the necessary functions of the Facilities.

If the value engineering proposal is approved by the Purchaser and results in:

(a)   a reduction of the Contract Price; the amount to be paid to the Supplier shall be the percentage specified in the PCC of the reduction in the Contract Price; or

(b)   an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Supplier shall be the full increase in the Contract Price.

33.5   Subject to the above, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.

34.2   Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.

(a)           The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part:

(i)         if the Supplier fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 34;

(ii)       if the Supplier fails to perform any other obligation under the Contract; or

(iii)     if the Supplier, in the judgment of the Purchaser has engaged in Fraud and Corruption, as defined in   paragrpah 2.2 a of the Appendix to the GCC, in competing for or in executing the Contract.

(b)          In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 35.1(a), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods or Related Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

35.2   Termination for Insolvency.

(a)           The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent.In such event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser

35.3   Termination for Convenience.

(a)           The Purchaser, by notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.

(b)          The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices.For the remaining Goods, the Purchaser may elect:

(i)           to have any portion completed and delivered at the Contract terms and prices; and/or

(ii)        to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.

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

Chief Director/ Project Administrator

Ministry of Gender, Children & Social Protection

Ghana Productive Safety Nets Project (GPSNP)

P O Box MBO186 Accra, Room No 14

Accra, Ghana

Telephone: (+233) 0302 688181 / 0302 688187 / 0302 688184

Email: info@mogcsp.gov.gh

 (a)    Contract with foreign Supplier:

If the Purchaser chooses the UNCITRAL Arbitration Rules, the following sample clause should be inserted:

GCC 10.2 (a)—Any dispute, controversy or claim arising out of or relating to this Contract, or breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.

If the Purchaser chooses the Rules of ICC, the following sample clause should be inserted:

GCC 10.2 (a)—All disputes arising in connection with the present Contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules.

If the Purchaser chooses the Rules of Arbitration Institute of Stockholm Chamber of Commerce, the following sample clause should be inserted:

GCC 10.2(a)—Any dispute, controversy or claim arising out of or in connection with this Contract, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

If the Purchaser chooses the Rules of the London Court of International Arbitration, the following clause should be inserted:

GCC 10.2 (a)—Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference to this clause.

(b)     Contracts with Supplier national of the Purchaser’s Country:

In the case of a dispute between the Purchaser and a Supplier who is a national of the Purchaser’s Country, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Purchaser’s Country.

Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;

(ii)     Original and 3 (three) copies of the negotiable, clean, on-board bill of lading marked “freight prepaid” and 3 (three) copies of nonnegotiable bill of lading;

(iii)    Copies of the packing list identifying contents of each package;

(iv)    Insurance Certificate;

(v)     Manufacturer’s or Supplier’s warranty certificate;

(vi)    Inspection certificate, issued by the nominated inspection agency, and the Supplier’s factory inspection report; and

(vii)   Certificate of origin.

The above documents shall be received by the Purchaser before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.

If prices are adjustable, the following method shall be used to calculate the price adjustment N/A

GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:

Payment for Goods supplied from abroad:

Payment of foreign currency portion shall be made in Ghana Cedis in the following manner:

(i)      Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract, and upon submission of claim and a bank guarantee for equivalent amount valid until the Goods are delivered and in the form provided in the bidding document or another form acceptable to the Purchaser.

(ii)     On Shipment: Eighty (80) percent of the Contract Price of the Goods shipped shall be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, upon submission of documents specified in GCC Clause 13.

(iii)    On Acceptance: Ten (10) percent of the Contract Price of Goods received shall be paid within thirty (30) days of receipt of the Goods upon submission of claim supported by the acceptance certificate issued by the Purchaser.

Payment of local currency portion shall be made in Ghana Cedis within thirty (30) days of presentation of claim supported by a certificate from the Purchaser declaring that the Goods have been delivered and that all other contracted Services have been performed.

Payment for Goods and Services supplied from within the Purchaser’s Country:

Payment for Goods and Services supplied from within the Purchaser’s Country shall be made in GHS, as follows:

(i)      Advance Payment:  Zero percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract against a simple receipt and a bank guarantee for the equivalent amount and in the form provided in the bidding document or another form acceptable to the Purchaser. N/A

(ii)     On Delivery: One Hundred (100) percent of the Contract Price shall be paid on receipt of the Goods and upon submission of the documents specified in GCC Clause 13.

(iii)    On Acceptance: Zero percent of the Contract Price shall be paid to the Supplier within thirty (30) days after the date of the acceptance certificate for the respective delivery issued by the Purchaser. N/A

Performance Security shall be: 10% of the Contract price

If required, the Performance security shall be denominated in a freely convertible currency acceptable to the Purchaser” or “ the currencies of payment of the Contract, in accordance with their portions of the Contract Price

Product packages shall be clearly and durably marked on their bases, and metal tags shall be attached to the inside and outside of reels, and will display the following mandatory information in English:

a.    Contract Number

b.    Name or trade mark of manufacturer

c.    Name and address of Consignee

d.    Country of origin

e.    Gross weight

f.     Net weight

g.    Package number of total number of packages

h.    Brief description of the content.

i.     Shipping data.

All materials used for packing shall be environmentally neutral.

Additional marking and documentation within and outside the packages shall be: None.

The packing, marking and documentation within and outside the packages shall be as specified in clause 6 of section VII. and all packages or crates shall be marked as follows:

Consignee of materials:

Chief Director

Ministry of Gender Children and Social Protection (MOGCSP)

Accra, Ghana

The items shall be inspected, tested and accepted by the Inspection and Acceptance Committee appointed by the Purchaser

For purposes of the Warranty, the place(s) of final destination(s) shall be:

Ministry of Gender Children and Social Protection, Accra, Ghana

Sample provision

GCC 28.3—In partial modification of the provisions, the warranty period shall be 12 months from date of acceptance of the Goods or 18 months from the date of shipment, whichever occurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guarantees specified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, at its discretion, either:

(a)     make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with GCC 26.7,

or

(b)     pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees. The rate of these liquidated damages shall be: N/A.

(if applicable)

You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award.

Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Purchaser]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end.

The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice.

Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Agency: [insert name of Purchaser]

Email address: [insert email address]

Fax number: [insert fax number] delete if not used

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends.

Further information:

For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations)[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=4005] (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” [http://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement-new-framework#framework] provides a useful explanation of the process, as well as a sample letter of complaint.

In summary, there are four essential requirements:

1.      You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this bidding process, and is the recipient of a Notification of Intention to Award.

2.      The complaint can only challenge the decision to award the contract.

3.      You must submit the complaint within the period stated above.

4.      You must include, in your complaint, all of the information required by the Procurement Regulations (as described in Annex III).

The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award.

The Standstill Period may be extended as stated in Section 4 above.

(Yes / No)

(Yes / No)

(Yes / No)