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STANDARD PROCUREMENT DOCUMENTS

Standard Bidding Document

for

Procurement of Goods

African Development Bank

September 2010, revised July 2012

Foreword

This Standard Bidding Document (SBD) for Procurement of Goods (together with its User’s Guide) has been prepared by the African Development Bank, and is based on the 2008 and 2009 versions of the Cross-Harmonised Master Document for Procurement of Goods prepared by the Multilateral Development Banks and International Financing Institutions. This SBD reflects the structure and the provisions of the Master Document for Procurement of Goods, except where specific considerations within the African Development Bank have required a change.

This SBD for Procurement of Goods shall be used by Borrowers for procuring Goods contracts valued higher than UA 300,000 under International Competitive Bidding (ICB) procedures. However, this SBD may also be adapted for National Competitive Bidding (NCB) situations, where conditions have been determined to be appropriate, with the approval of the Bank.

The Bank’s documentation on the SBD for Procurement of Goods has been organized into two (2) separate volumes:

? SBD for Procurement of Goods; and

? User’s Guide for the SBD for Procurement of Goods.

Those wishing to submit comments or questions on these documents, or to obtain additional information on procurement under Bank-financed projects, are encouraged to contact:

Procurement & Fiduciary Services Department (ORPF)

African Development Bank (www.afdb.org) Temporary Relocation Agency – Tunis (Tunisia)

13 Avenue du Ghana

BP. 323, 1002 Tunis-Belvedere

Tunisia

Tel.: +216 - 71 102 027 Fax: +216 - 71 831 552

E-mail: procurementpolicy@afdb.org

Procurement & Fiduciary Services Department (ORPF)

African Development Bank (www.afdb.org) Headquarters – Abidjan (C?te d'Ivoire)

5 Avenue Joseph Anoma 01 B.P. 1387, Abidjan 01

C?te d'Ivoire

Tel.: +225 - 20 20 44 44 Fax: +225 - 20 21 77 53

E-mail: procurementpolicy@afdb.org

Summary Description

The use of this Standard Bidding Document for Procurement of Goods and its User’s Guide normally applies in situations where no Prequalification has taken place before bidding.

However, if a Prequalification process is undertaken, then the Qualification Criteria stipulated in Section III, Evaluation and Qualification Criteria must be updated to ensure that the Bidder and any Subcontractors shall meet or continue to meet the Criteria used at the time of Prequalification.

A brief description of the parts, sections, and contents is given below.

SBD for Procurement of Goods

PART 1 – BIDDING PROCEDURES

Section I:

Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of Contracts. Section I contains provisions that are to be used without modification.

Section II.

Bid Data Sheet (BDS)

This Section includes provisions that are specific to the bidding process and supplement Section I, Instructions to Bidders.

Section III. Evaluation and Qualification Criteria

This Section specifies the criteria to be used to determine the lowest evaluated bid and the requirements for the Bidder’s qualification to perform the contract.

Section IV: Bidding Forms

This Section includes the forms which are to be completed by the Bidder and to be submitted as part of its bid.

Section V. Eligible Countries

This Section includes information regarding eligible countries.

PART 2 – PURCHASER’S REQUIREMENTS

Section VI.

Requirements

This Section includes the List of Goods and Related Services, the Delivery and Completion Schedules, the Technical Specifications and the Drawings that describe the Goods and Related Services to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII. General Conditions (GC)

This Section contains the general clauses to be applied in all contracts. The text of the clauses in this Section shall not be modified.

Section VIII. Particular Conditions (PC)

This Section contains clauses specific to each contract that modify or supplement Section VII, General Conditions.

Section IX: Contract Forms

This Section includes the forms which, once completed, will form part of the contract. These forms shall be completed only by the successful Bidder after contract award.

PROCUREMENT DOCUMENTS

Bidding Document for Procurement of Goods

Procurement of:

Issued on: ---------------

ICB No: ……………..

Purchaser: ----------------

Country: ---------------

Section I. Instructions to Bidders 1-11

7. Clarification of Bidding

Document, Site

Visit, Pre-Bid

Meeting

? Section VII. General Conditions (GC) ? Section VIII. Particular Conditions (PC) ?

Section IX. Contract Forms

6.2 The Invitation for Bids issued by the Purchaser is not part of the

Bidding Document. 6.3 The Bidder shall obtain the Bidding Document from the source

stated by the Purchaser in the Invitation for Bids; otherwise the Purchaser is not responsible for the completeness of the Bidding Document. 6.4 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid.

7.1 A prospective Bidder requiring any clarification of the Bidding

Document shall contact the Purchaser in writing at the Purchaser’s address indicated in the BDS or raise his enquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The Purchaser will respond to any request for clarification, provided that such request is received prior to the deadline for submission of bids, within the number of days specified in the BDS. The Purchaser’s response shall be in writing with copies to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the Purchaser deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 22.2. 7.2 Where applicable, the Bidder is advised to visit and examine the

project site and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for the provision of the Requirements. The costs of visiting the site shall be at the Bidder’s own expense. 7.3 Pursuant to ITB 7.2, where the Bidder and any of its personnel or

agents have been granted permission by the Purchaser to enter upon its premises and lands for the purpose of such visit, the Bidder, its personnel, and agents will release and indemnify the Purchaser and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the visit.

1-12

8. Amendment of Bidding

Document

9. Cost of Bidding 10. Language of

Bid

Section I. Instructions to Bidders

7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. If so provided for in the BDS, the Purchaser will organize a site visit. 7.5 The Bidder is requested, as far as possible, to submit any

questions in writing, to reach the Purchaser not later than one week before the meeting. 7.6 Minutes of the pre-bid meeting, including the text of the

questions raised without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3. Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the Purchaser exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting. 7.7 Non-attendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.

8.1 At any time prior to the deadline for submission of bids, the

Purchaser may amend the Bidding Document by issuing addenda. 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. 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

C. Preparation of Bids

9.1 The Bidder shall bear all costs associated with the preparation

and submission of its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 10.1 The Bid, as well as all correspondence and documents relating to

the bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be

Section I. Instructions to Bidders 1-13

in another language provided they are accompanied by an accurate translation of the relevant passages in that language, in which case, for purposes of interpretation of the Bid, such translation shall govern.

11.1 The Bid shall comprise the following: 11. Documents

Comprising the

(a) Letter of Bid ; Bid

(b) Completed Schedules as provided in Section IV, Bidding

Forms; (c) Bid Security or Bid-Securing Declaration, in accordance

with ITB 19;

(d) at the Bidder’s option, alternative proposals, if

permissible, in accordance with ITB 13; (e) written confirmation authorizing the signatory of the Bid

to commit the Bidder, in accordance with ITB 20.2; (f) documentary evidence establishing the eligibility of the

Goods and Related Services offered by the Bidder, in accordance with ITB 17.1 ; (g) documentary evidence establishing the Bidder’s

qualifications in accordance with the requirements of Section III, Evaluation and Qualification Criteria, using the relevant forms furnished in Section IV, Bidding Forms; (h) documentary evidence as specified in the BDS,

establishing the conformity of the goods and related services offered by the Bidder with the Bidding Document, using the relevant forms furnished in Section IV, Bidding Forms; (i)

in the case of a bid submitted by a JVCA, JVCA agreement, or letter of intent to enter into a JVCA including a draft agreement, indicating at least the parts of the Requirements to be executed by the respective partners;

any other document required in the BDS.

(j)

1-14 12. Letter of Bid

and Price Schedules

13. Alternative

Bids

14. Bid Prices and

Discounts

Section I. Instructions to Bidders

12.1 The Bidder shall submit the Letter of Bid using the form

furnished in Section IV, Bidding Forms. This form must be completed without any alterations to its format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

13.1 Unless otherwise indicated in the BDS, alternative proposals

shall not be considered. If alternative proposals are permitted, their method of evaluation shall be as stipulated in Section III, Evaluation and Qualification Criteria. 13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, as well as the method of evaluating different times for completion. 13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the requirements of the bidding document must first price the Purchaser’s requirements as described in the bidding document and shall further provide all information necessary for a complete evaluation of the alternative by the Purchaser, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Bidder conforming to the basic technical requirements shall be considered by the Purchaser]. 13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the requirements, and such parts shall be identified in the BDS, as will the method for their evaluation, and described in Section VI, Requirements. 14.1 The prices and discounts quoted by the Bidder in the Letter of

Bid and in the Price Schedules shall conform to the requirements specified in ITB 14.2. 14.2 Unless otherwise provided in the BDS and the General

Conditions (GC), the prices quoted by the Bidder shall be fixed.

14.3 The price to be quoted in the Letter of Bid shall be the total price

of the Bid excluding any discounts offered. 14.4 The Bidder shall quote any unconditional discounts and the

methodology for their application in the Letter of Bid. 14.5 The terms EXW, CIF, CIP, and other similar terms shall be

Section I. Instructions to Bidders 1-15

governed by the rules prescribed in the current edition of Incoterms, published by The International Chamber of Commerce as specified in the BDS.

14.6 Prices shall be quoted as required 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 the Bank’s Rules and Procedures for Procurement of Goods and Works, and as listed in Section V, Eligible Countries. Similarly, the Bidder may obtain insurance services from any eligible country, in accordance with the Bank’s Rules and Procedures for Procurement of Goods and Works, and as listed in Section V, Eligible Countries. Prices shall be entered in the following manner:

(a) for Goods offered from within the Purchaser ’s Country:

(i)

the prices of the Goods, quoted as per Incoterms specified in the BDS;

(ii) sales tax and all other taxes applicable in the

Purchaser’s Country and payable on the Goods if the Contract is awarded to the Bidder; and (iii) the total price for the item.

(b) for Goods offered from outside the Purchaser ’s Country:

(i)

the prices of the Goods, quoted as per Incoterms specified in the BDS;

(ii) all custom duties, sales tax, and other taxes

applicable in the Purchaser ’s Country and payable on the Goods if the contract is awarded to the Bidder; and

(iii) the total price for the item.

(c) for Related Services:

(i) the price of the Related Services inclusive of all

customs duties, sales tax, and other taxes paid or payable in the Purchaser ’s country, if the Contract is awarded to the Bidder.

14.7 Prices quoted by the Bidder shall be fixed during the Bidder’s

performance of the Contract and not subject to variation on any

1-26

37. Signing of

Contract

38. Performance

Security

Section I. Instructions to Bidders

36.3 At the same time, the Purchaser shall also notify all other

Bidders of the results of the bidding process, and shall publish in UNDB online and at the Bank’s website (www.afdb.org), the results identifying the bid and lot numbers and the following information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as read out at bid opening; (iii) name and evaluated prices of each Bid that was evaluated; (iv) name of bidders whose bids were rejected and the reasons for their rejection; and (v) name of the winning Bidder, and the price it offered, as well as the duration and summary scope of the contract awarded. After publication of the award, unsuccessful bidders may request in writing to the Purchaser for a debriefing seeking explanations on the grounds on which their bids were not selected. The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, after Publication of contract award, requests a debriefing.

37.1 Promptly upon notification, the Purchaser shall send the

successful Bidder the Contract Agreement. 37.2 Within twenty-eight (28) days of receipt of the Contract

Agreement, the successful Bidder shall sign, date, and return it to the Purchaser. 37.3 Upon the successful Bidder’s furnishing of the signed Contract

Agreement and Performance Security pursuant to ITB 38, the Purchaser will discharge its Bid Security, pursuant to ITB 19. 37.4 Notwithstanding ITB 37.2 above, in case signing of the Contract

Agreement is prevented by any export restrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems or services to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/goods, systems or services, the Bidder shall not be bound by its bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Purchaser and of the Bank that signing of the Contract Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract Agreement. 38.1 Within twenty-eight (28) days of the receipt of notification of

award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the conditions of

Section I. Instructions to Bidders 1-27

contract, using for that purpose the Performance Security Form included in Section IX, Contract Forms, or another form acceptable to the Purchaser. If the performance security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Purchaser. A foreign institution providing a bond shall have a correspondent financial institution located in the Purchaser’s Country.

Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, or execution of the Bid-Securing Declaration. In that event the Purchaser may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the Purchaser to be qualified to perform the Contract satisfactorily.

Section II. Bid Data Sheet 1-28

Section II. Bid Data Sheet A. General ITB 1.1 ITB 1.1 ITB 1.1 The number of the Invitation for Bids is : [insert number of invitation] The Purchaser is: [insert complete name] The name of the bidding process is: [insert complete name] The identification number of the bidding process is: [insert identification number] The number and identification of lots comprising this bidding process are: [insert number and identification of each lot, if applicable] ITB 2.1 ITB 2.1 ITB 2.1 ITB 4.1 (a) ITB 4.4 The Borrower is: [insert complete name] The specific Bank financing institution is: [insert ADB, ADF, NTF, etc., as appropriate] The name of the Project is: [insert name of the Project] The individuals or firms in a joint venture, consortium or association [insert “shall be” or “shall not be”] jointly and severally liable. A list of debarred firms is available at http://www.afdb.org/debarred B. Contents of Bidding Document ITB 7.1 For clarifications purposes only, the Purchaser’s address is: Attention: [insert full name of person, if applicable] Street Address: [insert street address and number] Floor/Room number: [insert floor and room number, if applicable] City: [insert name of city or town] ZIP Code: [insert postal (ZIP) code, if applicable]

Section II. Bid Data Sheet 1-29

Country: [insert name of country] Telephone: [insert phone number, with country and city codes] Facsimile number: [insert fax number, with country and city codes] Electronic mail address: [insert e-mail address, if applicable] Requests for clarifications should be received by the Purchaser no later than [insert no. of days], prior to the deadline for submission of Bids. ITB 7.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place. If a Pre-Bid meeting will take place, it will be at the following date, time and place: Date: [insert date, if applicable] Time: [insert time, if applicable] Place: [insert place, if applicable] A site visit conducted by the Purchaser [insert “shall” or “shall not be”] organized. If a Site Visit will take place, it will be at the following date, time and place: Date: [insert date, if applicable] Time: [insert time, if applicable] Place: [insert place, if applicable] C. Preparation of Bids ITB 10.1 ITB 11.1 (h) ITB 11.1 (j) ITB 13.1 The language of the bid is: [insert language] The Bidder must provide the following documentary evidence to establish the conformity of the goods and Related Services with the Bidding Document: [Insert Documentation required] The Bidder shall submit with its bid the following additional documents: [insert additional Documentation required] Alternative bids are invited in accordance with ITB 13.2 and/or 13.4 [Where alternative bids are invited, the Purchaser should specify the type(s) of alternative(s) accepted in relation to ITB 13.2 and 13.4] or Alternative bids are permitted in accordance with ITB 13.3.

1-30 Section II. Bid Data Sheet

or Alternative bids are not permitted. [Use as appropriate]. ITB 13.2 Alternatives to the Time Schedule [insert “shall” or “shall not be”] permitted. If alternatives to the Time Schedule are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria. ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Goods and Related Services, as further detailed in the Specification: [insert parts required, or “none”]. If alternative technical solutions are permitted, the evaluation method will be as specified in Section III, Evaluation and Qualification Criteria. Alternative technical solutions for the following parts of the Requirements: [insert parts or “none”] are permitted. ITB 14.2 ITB 14.5 Prices [insert “shall be” or “shall not be”] fixed. The version of the Incoterms is: [insert version of Incoterms] ITB 14.6(a)(i) The Incoterm for quoting goods offered from within the Purchaser’s country is: [insert relevant Incoterm] ITB 14.6(b) The Incoterm for quoting goods offered from outside the Purchaser’s country is: [insert relevant Incoterm] (i) ITB 14.7 The prices quoted by the Bidder [insert “shall be” or “shall not be”] subject to adjustment during the performance of the Contract. [Where prices shall be subject to adjustment during the performance of the Contract, the Bidder is required to furnish the indices and coefficients for the Price Adjustment Formula (Sample) furnished in Section IV, Bidding Forms.] Prices quoted for each lot shall correspond at least to [insert percentage figure] % of the items specified for each lot. Prices quoted for each item of a lot shall correspond at least to [insert percentage figure] % of the quantities specified for this item of a lot. The currency(ies) of the bid and the payment currency(ies) shall be as described below: [Choose just one of the following alternatives below] In case of ICB Alternative A (Bidders to quote entirely in local currency): (a)

The unit rates and the prices shall be quoted by the Bidder in the ITB 14.8 ITB 15.1

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