© Institute for Construction Training and Development STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS DESIGN & BUILD CONTRACTS ea Tu aN S1ICTAD/SBD/04 Institute for Construction Training and Development (ICTAD) STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS DESIGN & BUILD CONTRACTS First Edition (Reprinted) - May 2003 MINISTRY OF HOUSING AND PLANTATION INFRASTRUCTUREPublished by Institute for Construction Training and Development (ICTAD) ‘Savsiripaya’ 123, Wijerama Mawatha Colombo 07. First Edition — November 2002 Reprinted with amendments — May 2003 Copyright reserved No part of this publication shall be reproduced or transmitted in any form or by any means without permission of the publisher. PREF/ The gr industry them is Bidding A single the trad arrange respons in accor for the importa volume This St Mr. HE Making BEeSnoreens sssayved The Bo | wish and all also di Archt. J Mr. KP of ICT tis my Industr undout SKRI CHAIR 21 NovPREFACE The growing need to standardize procurement documents was expressed from several sectors of the industry. To achieve these objectives ICTAD commenced to develop new Standard Documents and one of them is the Standard Bidding Document for Design & Build Contracts. In preparation of this Standard Bidding Document, the FIDIC "Conditions of Contract for Plant and Design - Build (First Edition, 1999)" was used as a guide. A single point responsibilty for Design and Construction recognizes an advantage to the Employer over the traditional system of the contractor submitting a tender on the design produced by the Employer. The arrangement adopted in this publication has followed the principle where the Contractor is the party responsible for the Design & Construction of the works on specified approvals obtained form the Engineer, in aocordance with Employers requirements. The use ofthis Standard Bidding Document is recommended for the works, which may include any combination of Building and Civil Engineering Works. Another important feature of this Standard Bidding Document is that the entire document could serve as one volume when inviting bids. This Standard Bidding Document was prepared by Mr. Jayantha de Mel in association with Mr. HD Chandrasena, under the guidance of the Steering Committee on Review of ICTAD Publications. The Steering Committee which consisted of representatives from the following Professional and Policy Making Organizations recommend this edition as a suitable document to replace the previous editions, 41. The Institution of Engineers, Sri Lanka 2. Sri Lanka Institute of Architects 3. Society of Structural Engineers, Sri Lanka 4, The Association of Consulting Engineers, Sri Lanka 5._ Institute of Quantity Surveyors, Sri Lanka 6. Institute of Town Planners, Sri Lanka 7. Institute of Project Managers, Sri Lanka 8, National Construction Association of Sri Lanka 9. Ministry of Housing and Plantation Infrastructure 410, Institute for Construction Training and Development (ICTAD) ‘The Board of Management of ICTAD approved the recommendations of the Steering Committee. | wish to acknowledge with grateful thanks the services of Mr. Jayantha de Mel and Mr, H D Chandrasena, and all the members of the Steering Committee and Sub-Committee, Meanwhile my special thanks are also due to Or. A DC Jayanandana, Mr. S A Karunarine, Mr. Eddie de Zyiva, Eng. WM S C Piyadasa, Archt. Jayantha Perera, Dr. Gamini Kodikara, Dr. T M Pallewatte, Mr. Hemal A Pieris, Mr. K Lankathilake, Mr. K PW Rejasin, Mrs. Vajra Ranasinghe, Mr. C Amarekoon and the staff of the Development Division of ICTAD, who contributed in numerous ways in the publication of this document. | also appreciate the secretarial assistance rendered by Ms. Medhani langasinghe and Ms. WL Lalitha Ranjani, Itis my expectation that this document would serve the needs of all parties concerned in the Construction Industry while minimizing the disputes and improving the quality of Contract Management, which undoubtedly would help to regularize the procurement system. Werenedle— _ SK R GOONEWARDENE CHAIRMAN - ICTAD 21 November 2002,CONTENTS Page PREFACE i CONTENTS ii GUIDE TO USE THIS BOOK itt NOTES ON USE OF ICTAD STANDARD BIDDING DOCUMENTS. iv INVITATION FOR BIDS (SAMPLES) 1-6 SECTION 1 - INSTRUCTIONS TO BIDDERS 733 SECTION II - BIDDING DATA (S4MPLES) 35-43 SECTION ill - _ CONDITIONS OF CONTRACT 45-114 SECTION IV = CONTRACT DATA (SAMPLES) 115-120 SECTION V - STANDARD FORMS 121-130 SECTION VI - EMPLOYER'S REQUIREMENT 131-134 (GUIDELINES) SECTION VI =~ FORMOF BID, 135-139 FORM OF DESIGN/TECHNICAL PROPOSAL, FORM OF PRICE PROPOSAL SECTION VIII SCHEDULES (SAMPLES) 141-162 SECTION IX DRAWINGS 163Guide to use this Book as a Standard Bidding Document for a Specific Contract The Standard Bidding Document for Design & Build Contracts consists of Invitation for Bids (IFB) and nine (09) sections. For a particular project these sections are grouped into three separate volumes as listed below. (a) TFB and all the 09 sections are normally required for the procurement of construction works where the Contractor is responsible for the Design and Construction. However, they should be adopted as necessary to suit the requirements of a particular project by making suitable adjustments in the relevant sections. To minimize a material deviation to the standard document, certain.sections should be used unchanged, and have been grouped into Volume 1A (refer page 15). The sections that need additions, deletions, changes and/or modifications for a particular contract are included in Volume 1B, Volume 2 and Volume 3 (refer page 16). Hence, when inviting bids for Design & Build construction works, Volume 1A should be used as the bidding document in its entirety (b) The grouping of the volumes are as follows; () Volume 1A (refer page 15) consists of this entire publication in its entirety. (i) Volume 1B (refer page 16) consists of the following ; * Invitation to Bid. (duly perfected) * Section] ~ Bidding Data (duly perfected) © Section IV - Contract Data (duly perfected) * Section VI - Employer's Requirement (duly perfected) © Section VII (a) - Form of Bid © Section VIII (a) - Schedules - related to General Information (“A” Schedules) (Note : All the foot notes in the above sections shall be deleted when preparing Volume 1B), Gili) Volume 2 (refer page 16) consists of; * Section VII (b) ~ Form of Design/Technical Proposal ‘© Section VIII (b) ~ Schedules - related to Design & Technical Proposal ce edules) + Section IX ~ Drawings (If any) (Note : Foot notes given in Volume 2, are guidelines to the bidders and should be retained ‘when issuing the bidding documents) (iv) Volume 3 (refer page 16) consists of ; * Section VII (c) = Form of Price Proposal * Section VIII (e). - Schedules ~ related to Price Proposal (“C” Schedules) (Note : Foot notes given in Volume 3, are guidelines to the bidders and should be retained ‘when issuing the bidding documents). iiiNOTES ON USE OF ICTAD STANDARD BIDDING DOCUMENTS FOR CONSTRUCTION CONTRACTS. STANDARD BIDDING DOCUMENT FOR MINOR CONTRACTS - ICTAD/SBD/03 (1) Recommend for use on construction contracts up to Rs.10 milion STANDARD BIDDING DOCUMENT FOR PROCUREMENT OF WORKS - ICTAD/SBD/01 {I} Recommended for use on construction contracts between Rs. 10 milion and Rs, 150 millon. (2) May be used for works of higher values, which are not of a complex nature STANDARD BIDDING DOCUMENT FOR MAJOR CONTRACTS ~ ICTAD/SBD/02 {1} Recommended for use on construction contracts over Rs. 150 million and for contracts of a lesser value, which are of a complex nature. STANDARD BIDDING DOCUMENT FOR DESIGN AND BUILD CONTRACTS - ICTAD/SBD/04 Recommended to use for contracts where the contractor is responsible for the design and construction of the works on specified approvals obtained from the Employer.Invitation for Bids (IFB) (SAMPLE ONLY) The relevant forms shall be filled by the Employer and | included in Volume 1B before issuing the Bidding documents, | —___—_______| Note Bidders are advised to ignore the information printed in blue colour in the document, when preparing their bids. Such information is provided for the guidance of the Employer.DESIGN & BUILD CONTRACTS Invitation for Bids Invitation for Bids! (GOSL funded or private sector, with pre-qualification) . [date] To: [name of Contractor] [address] Contract Name, and Identification No. Dear Sirs: 1. We hereby inform you that ? Tender Board on behalf? .. .. has pre-qualified you for bidding for the above cited contract, 2. We now invite you and other pre-qualified applicants to submit sealed bids for the design, construction and completion of the cited contract. 3. You may obtain further information from, and inspect and acquire the bidding documents at’, 4. Bids should be submitted on the forms available from* up to" .......0na payment of non-refundable tender fee of Rupees” 5. Bids shall be valid up to* wh ae 6. All bids must be accompanied by a securityof? is. 7. Sealed bids may be delivered to. shel 8. The construction periad i: 9. The deadline for subyhision vof b Bids WIP BO? on! nese and will be opened soon after the cldsings' = 2» sifbrived representatives are requested to be present at the opening of 11. Please confirm receipt of this letter immediately in writing. If you do not intend to bid, we would appreciate being so notified also in writing at your earliest opportunity. Yours truly, Authorized signature Name and title 2 This sample *Intation or Bid” shal be used when pre-qualfeation of ders had been undertaken rue the relevant Tender Board (CATR, MTB, DB ct: or private sector mas sitahy. Inert name of Employer + Insert mame of oer adress, Jacsmie umber and telephone Place of sue of bding documents (Casing date of ue of bing documents. Insert joe equivalent cos of duplicating a er of bidding documents Inser valid date of bd, should be same as Bidding Data Sub-Clause!S The aun chal be sae ax Bing Data Sub- Clouse 16 8 Ales shal be same ax Bidding Data SubClass 20 Insert mamber of Das Closing tine of be Date of closing of idsDESIGN & BUILD CONTRACTS Invitation for Bids Invitation for (GOSL funded or private sector, without pre-qualification) Contract Name, and Identification No. 'S Tender Board on behalf of'® . eligible bidders forthe above works. invites sealed bids from Bids should be submitted on the forms available from!” .. up tol payment of non-refundable tender fee of Rupees!” The eligible bidders shall comply with the following qualification criteria®® 4. You may obtain further information from, and inspect and acquire the bidding documents at”, 5. Bidding Documents may be inspected free of charge at ? 6. Bids shall be valid up to” ........... # 7. All bids must be accompanied by a bid security of Rupees™ i? aa 8. Sealed bids may be delivered to:thi8F:... a gt pas 9. The construction period is?6 10. The deadline. for, suibmnission.of bids will be*” soon after theclosingy .. and will be opened 11, Bidders or their authorized representatives are requested to be present at the opening of bids. Linsert name of officer} [Insert address} Use this form, pre-quaification i not undertaken Write name of relevant Tender Board (CATH, MTB, DTB et) for private sector modify suitably. inser name of Empler Place af sue of bidding documents Closing date of ue of bidding documents 2 Inset the foe eguivlent oc of depicting ase of bidding document Inert suomary of portant criteria piven in Inston to Bidders Clauses 3 & 43 "Insert name of olen adress facsimile nun and elephone ‘ser location inspect dang documents Inert voit date of Bide; shal be same as nsrcton to Bidders Clouse 15 ‘The amount shal be same as Instacion to Biers Clouse 16 2% Address shall be same a Instruction to Bidders Clase 20 Insort number of Dp Closing tne of bas Date of losing of bide To >«Bids DESIGN & BUILD CONTRACTS Invitation for Bids ona idding spened ing of Invitation for Bids” (Donor funded, with pre-qualification) [date] To: (name of Contractor] [address] Contract Name, and Identification No. lee Dear Sirs: 1, The Democratic Socialist Republic of Sri Lanka has received a credit/loan from the” towards the cost of” «s+, and intends to apply part of the funds to cover eligible payments under the Contract for”? : 2. We hereby inform you that ..... .. Tender Board on behalf pre-qualified you for bidding for the above cited contract. We now invite you and other pre-qualified applicants to submit sealed bids for the design, construction and completion of the cited contract, 4. You may objain further information fiom, and inspect and acquire the bidding documents at®’, Bids should be submitted on the forms available Brom ee UPTO on payment of non-refundable tender fee of Rupees®® Bids shall be valid up to” All bids must be aecompani by a Security of Sealed bids maybe, geod tothe &. The construction period is? = Days. 0. The deadline for gocbe of bids will be? ......... on" .........4. and will be opened soon after théelosing. 15, Bidders or their authorized representatives are requested to be present at the opening of bids. 16, Please confirm receipt of this letter immediately in writing. If you do not intend to bid, ‘we would appreciate being so nofified also in writing at your earliest opportuni Yours truly, has Authorized signature .. Name and title This ample "Invitation for Bids sal be used when pre-quaifcation of bidders had Been undertaken Name of he Donor Name of he Project Name and idemication mmber of contract rte he relevant Tender Board (CATH, MIB, DTB et.) Insert name of Employer Insert name ef fee. address. facsimile menber and telephone Place of ue of Baling documents Closing dae of auc of dang document, Inert foe equvatet 0 cos of duplicating a se of bidding document Insert waliiy date of bids, should be same as Bidding Dasa Sub Clause! The amoun hal be vane ay Bidding Data Sub-Clouse 16 Aarons shal be same ax Bedding Date Sub-Clouse 20 Insert ander of Day Closing tine of bide Date of closing of bidsDESIGN & BUILD CONTRACTS Invitation for Bids Invitation for Bids (Donor funded, without pre-qualification) Contract Name, and Identification No. 1, The Democratic Socialist Republic of Sri Lanka has received a credit/loan from the” . be towards the cost of” sec, and intends to apply part of the funds to cover eligible payments under the Contract for** ay “ Tender Board on behalf of° ... . invites sealed bids from ible bidders for the above works. 3. Bids should be submitted on the forms available from’ ... .. up to? ona payment of non-refundable tender fee of Rupees 4. The eligible bidders shall comply with the following qualification criteria. 5. You may obtain further information from, and inspect and acquire the bidding documents at’, 6. Bidding Documents may be inspected free of charge at *° 7. Bids shall be valid up to*” ecilfity of Rupee: 8. All bids must be accompanied by a bid. 9, Sealed bids may be delivered 10. The constructiomperiod 11. The deadline for, submission of bids will be . soon ater the closing. and will be opened 12. Bidders or their authorized representatives are requested to be present at the opening of bids. Linsert name of officer] [Insert address] se ths form. if prequalfation i not wedertaken ‘Name ofthe Donor Name ofthe Project ‘Name and identifation umber of contract inte name of relevant Tender Board (CATB, MTB, DTB ec.) Insert nae of Employer Place of sue of bidding documents Closing date of tse of bide docrments 2 nen te oe etalon to cast of eplicatng ase of Bdng document Inert sakmary of important eter giver in Tnsiaction wo Bidders Clauses 3 43 2 Insert name of officer address. acsmile number and telephone Inset location to inpect ding documents Insert vali dat of bids, shall be same at Intrction to Budes Clause 1S The amount shall be same a Insraction o Bldders Cause 16 Aliens shal be same as Tnsretion to Bidders Clause 20 Inert umber of Day lasing time of bids © Date of losing of bsSection - I INSTRUCTIONS TO BIDDERS (ITB) Notes: Instructions to Bidders shall be read in conjunction with the Bidding Data. Matters relating to the performance of the Contractor, payments under the Contract, or matters affecting the risks, rights, and obligations of the parties under the Contract are not included in this Section, but are given in Section III - Conditions of Contract, Volume 1A and the Contract Data under Section IV, Volume 1B. Instructions to Bidders will not be a part of the Contract and will ceases to have effect once the Contract is signed. Bidders are advised to ignore the information printed in blue colour in the document, when preparing their bids. Such information is provided for the guidance of the Employer.DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders Table of Clauses INSTRUCTIONS TO BIDDERS C MW 12, 1B 14, 15. 16, j 17. 18. Preparation of Bids, 17 Language of Bid, 17 Documents Comprising the Bid, 17 Bid Prices, 17 Currencies of Bid and Payment, 17 Bid Validity, 17 Bid Security, 18 Pre-Bid Meeting, 19 Format and Signing of Bid, 19 26. 21. 28. . Notification of Award, 32 . Performance Security, 32 . Payments to the Contractor, 33 . Adjudicator, 33, A. General, 11 D. Submission of Bids, 19 | 1. Scope of Bid, 17 19, Sealing and Marking of Bids, 19 2. Source of Funds, 11 |20. Deadline for Submission of Bids, 27 | 3. Eligible Bidders, 1/ [21 Late Bids, 27 4, Qualification of the Bidders, 11 |22. Modification, Substitution, and 5. One Bid per Bidder, 14 Withdrawal of Bids, 27 6. Cost of Biding, 14 7. Site Visit, 14 B. Bidding Documents, 15 E. Bid Opening and Evaluation, 22 8. Content of Bidding Documents, 15. |23. Bid Opening, 22 9. Clarification of Bidding Documents,6 |24. Process to be Confidential, 23 10, Amendment of Bidding Documents,/6 | 25. Clarification of Bids, 23 Examination of Bids and Determination of Responsiveness, 23 Evaluation and Comparison of Bids,24 Correction of Errors, 37 Award of Contract, 31 | Award, 37 | Employer's Right to Accept any Bid | and to Reject any or all Bids, 32 Advance Payment and Security, 33DESIGN & BUILD CONTRACTS Seetion I-Instructions to Bidders 1 2 3. 4, Scope of Bid Source of Funds Eligible Bidders Qualification of the Bidders 1 12 21 34 32 41 Instructions to Bidders A. General ‘The Employer, as defined in the Bidding Data, hereinafter “the Employer,” wishes to receive Bids for the Design, Construction, Commissioning and Remedying Defects of Works specified in the Bidding Data, and as described in the Employer’s Requirements (Section VI), hereinafter referred to as “the Works.” The successful bidder will be expected to complete the Works within the Time for Completion specified in the Bidding Data If the Contractor fails to complete the Works during that period the Contractor shall pay delay damages to the Employer as specified in Bidding Data. The Defects Notification Period for remedying Defects is given in Bidding Data Works will be financed by the source given in Bidding Data. All bidders shall be registered with the Institute for Construction Training and Development (ICTAD), under the grade and specialty given in Bidding Data. However, in the case of a joint venture the partner in charge shall be registered with ICTAD, under the grade and specialty given in Bidding, Data. All bidders shail hold a valid membership of the National Construction Association of Sri Lanka (NCASL) at the time of collection of bidding documents and at the time of award as well. All bidders shall confirm in Section VII, Form of Bid, a statement that the Bidder (including all members of a joint venture and sub-contractors) is not associated directly or indirectly in the preparation of the bidding document. ‘A foreign bidder may submit a bid only if specified in Bidding Data, All bidders shall include the following information and documents with their Bid in Section VIII (@) certified copies of original documents defining the constitution or legal status, place of registration, and principle place of business; written power of attorney of the signatory to the Bid to commit the Bidder, (b) In the event that pre-qualification of bidders is a requirement, only bids from those who satisfy the pre-qualification criteria will be considered for award of ulDESIGN & BUILD CONTRA Section I -Instructions to Bidders © Contract. These qualified bidders should submit with their bids any information updating their original _pre- qualification applications or, alternatively, confirm in their bids that the information submitted with their applications for pre-qualification has not materially changed from the date of bid submission. The update or confirmation should be provided in Section VIII In the event that pre-qualification of bidders was not a requirement, unless otherwise stated in the Bidding Data, all bidders shall include the following information and documents as a minimum with their bids in Section VIII (i) reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past three years; (ii) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources); (iii) total monetary value of construction work performed for each of the last five year (iv) experience in works of a similar nature (design works and construction works) and size for each of the last five years, and details of work under way or contractually committed; (¥) major items of construction equipment proposed to carry out the Contract; (vi) qualifications and experience of key Design Team, and Site Management and Technical Personnel proposed for the Contract; (vii) information regarding any litigation, current or during the last five years, in which the Bidder or any partners of a joint venture are involved, the parties concerned, and disputed amount; (viii) proposals for subcontracting components of the Works amounting to more than 10 percent of the contract amount; and (ix) Proposals for work methods, staffing and schedules, in sufficient detail to demonstrate the adequacy of the Bidder’s proposal to Employer's Requirements and the completion time described in the bidding documents.1 Bidders h their | pre- n their cations om the should s not a 3 Data, on and aie Bidder, aditor’s for this ilability work (design each of Jer way rosed to n Team, trent or idder or ved, the : of the at of the 5 and trate the iployer's cribed in DESIGN & BUN CONTRACTS ‘Section I Instructions to Bidders 4.2. Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements: @ (b) ©) @ © oO 4.3 To quali @ ) ©) @ © the Bid shall include all the information listed in Sub- Clause 4.1 above for each joint venture partner; the Bid and, in case of successful bid, the Contract Agreement shall be signed so as to be legally binding on all partners; all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; one of the partners shall be nominated as being a partner in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge; and a copy of the agreement entered into by the joint venture partners shall be submitted with the Bid, for the award of the Contract, bidders shall meet the following minimum qualifying criteria: average annual volume of construction work performed in last five years shall be at Jeast the amount specified in Bidding Data; experience as prime contractor in the construction of at least one contract of a nature and complexity equivalent to the Works over the last 10 years (to comply with this requirement, works cited should be at least 70 percent complete); proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment if any specified in Bidding Data; a Contract Manager with five years’ experience in works of an equivalent nature and volume, including no less than three years as Manager; each of the proposed design team member should have minimum qualifications and experience if given in the Employer's Requirements; BDESIGN & BUILD CONTRACTS One Bid per Bidder Cost of Bidding Site Visit 44 61 Section -Instructions to Bidders (0) each of the proposed design team member should have cattied out designs within the last 5 years, of at least two works of a nature and complexity equivalent to the task for which they are proposed for. (@) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of not less than the amount specified in Bidding Data; and (hb) a consistent history of litigation or arbitration awards against the Bidder or any partner of a Joint Venture may result in disqualification ‘The construction volume for each of the partners of a joint venture shall be added together to determine the Bidder’s compliance with the minimum qualifying criteria of Sub- Clause 4.3(a), (b) and (g); however, for a joint venture to qualify, each of its partners must meet at least 25 percent of minimum criteria 4.3 (@), (b), and (g); and the partner in charge at least 40 percent of those minimum criteria. Failure to comply with this requirement will result in rejection of the joint venture’s Bid, Subcontractors’ experience and resources ‘will not be taken into account in determining the Bidder's compliance with the qualifying criteria Each Bidder shall submit only one Bid either by himself, or as a partner in a joint venture. A Bidder who submits or participates in more than one Bid will be disqualified. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. The Bidders are advised to visit and examine the Site of Works and its surroundings and obtain for himself on its own, responsibility all information that may be necessary for preparing the Bid and entering into a Contact for Design and Construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense. ‘The Employer may conduct a Site visit concurrently with the pre-bid meeting referred to in Clause 17.Bidders | have st two e task other Ivance of not | wards e may 1 joint dder’s. * Sub- ure to ent of ner in ailure of the ources dder’s f, or as its or aration case be onduct Site of ts own ry for gn and te shall “ith the Content of Bidding Documents DESIGN & BUILD CONTRACTS 81 Section I -Instructions to Bidders B. Bidding Documents The Bidding documents are those stated below, and should be read in conjunction with any addenda issued in accordance with Clause 10: Volume 1A_ (Text of this entire Publication) Invitation to Bid (Sample only) Section I - Instructions to Bidders Bidding Data (Sample only — Bidders to ignore the samples and refer Section I in Vol. 1B) Section Ill - Conditions of Contract Contract Data (Sample only ~ Bidders to ignore the samples and refer Section IV in Vol. IB) Section V - Standard Forms Employer's Requirement (Guidelines ~ Bidders to ignore the Guidelines and refer Section VI in Vol. IB) Form of Bid (Bidders to ignore the form and refer Section VH (a) in Vol IB) Form of Design/Technical Proposal ( Bidders to ignore the form and refer Section VII (b) in Vol. 2) Form of Price Proposal (Bidders to ignore the form and refer Section VII (c) in Vol. 3) Schedules ~ related to General Information (“A” Schedules) (Sample only ~ Bidders to ignore the samples and refer Section VII (a) in Vol. 1B) Schedules — related to Design & Technical Proposal (°B” Schedules) (Sample only ~ Bidders to ignore the samples and refer Section VIII (b) in Vol. 2) Schedules ~ related to Price Proposal (“C” Schedules) (Sample only ~ Bidders to ignore the samples and refer Section VII (c) in Vol3) Drawings (Bidders to refer Section IX in Vol. 2)DESIGN & BUILD ConTRACTS Seaton I Instructions to Bidders Volume 1B Invitation to Bid Section —_- Bidding Data SectionIV - Contract Data Section VI - Employer's Requirement 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents 91 Section VII (a) - Form of Bid Section VIII (a) - Schedules ~ related to General Information (“A” Schedules) Volume 2 Section VII (b) - Form of Design/Technical Proposal Section VIII (b) - Schedules ~ related to Design & Technical Proposal ("B” Schedules) Section IX - Drawings (If any) Volume 3 Section VII (c) - Form of Price Proposal Section VIII (c) - Schedule ~ related to Price Proposal (“C” Schedules) A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing or by facsimile at the Employer's address indicated in Bidding Data. ‘The Employer will respond to any request for clarification, which he receives earlier than 14 days prior to the deadline for submission of Bids. Copies of the Employer’s response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry but without identifying its source 10.1 At any time prior to the deadline for submission of Bids, the Employer may amend the bidding documents by issuing addenda, 10.2 Any addendum thus issued shall be part of the bidding documents pursuant to Sub-Clause 8.1, and shall be communicated in writing or by facsimile to all purchasers of the bidding documents. Prospective Bidders shall promptly acknowledge receipt of each addendum to the Employer.ders DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders 10.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer shall extend as necessary the deadline for submission of Bids, in accordance with Clause 20. C. Preparation of Bids 11. Language of 11.1 The Bid, and all correspondence and documents related to the Bid Bid exchanged by the Bidder and the Employer shall be written in English language. Supporting documents and n printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English language, in which case, for purposes of interpretation of the Bid, the English translation shall prevail. 12, Documents The Bid submitted by the Bidder shall comprise all the Comprising documents described under Clause 19 and any other s) the Bid information requested in the Employer's Requirements. 13. Bid Prices Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works as described in Sub- Clause 1.1, based on the lump sum price submitted by the Bidder. Depending on the Bidder’s proposal, the Bidder shall fill all relevant items in the Price Schedules required for the Works. Bidders may add any new activities items which are not included in the price schedules, but are needed to complete iding the Works in accordance with the bidder's proposal and carry imile them to the Bid Price.. Similarly Bidders may delete items which are included in the Price Schedule but are not required in accordance with the bidder's proposal. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of Bids, shall be included in the Bid Price. s, the suing 13.4. Unless otherwise provided in the Bidding Data, the lump sum price quoted by the Bidder, shall not be subjected to adjustment during the performance of the Contract. dding 1 be 14. Currencies of 14.1 The prices shall be quoted by the bidder entirely in Sti Lanka of the Bid and Rupees unless otherwise provided in Bidding Data. mptly Payment 15. Bid Valid 15.1 Bids shall remain valid for the period stipulated in the Bidding Data.DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders 15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request from the Bidders to extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by facsimile. A Bidder may refuse the request without forfeiting its Bid security. A Bidder agreeing to the request will not be required or permitted to modify its Bid, but will be required to extend the validity of its Bid security for the period of the extension, and in compliance with Clause 16 in all respects. 16, Bid Security 16.1 The Bidder shall furnish, as part of its the amount stipulated in the Bidding Data. id, a Bid security in 16.2. The Bid security shall, at the Bidder’s option, be in the form of a certified cheque, letter of credit or a guarantee from a reputed bank or insurance bond from a company located in Sri Lanka or from an acceptable bonding organization in Sri Lanka. The format of the Bid security should be in accordance with the specimen form of Bid security included in the bidding document or another form acceptable to the Employer. Bid security shall be valid for the period given in the Bidding Data. 16.3. Any Bid not accompanied by an acceptable Bid security shall be rejected by the Employer as non-responsive. The Bid security of a joint venture shall be issued so as to commit fully all partners to the proposed joint venture. 16.4 The Bid securities of unsuccessful Bidders will be returned as promptly as possible, but not later than 28 days after the expiration of the period of Bid validity 16.5 The Bid security of the successful Bidder will be returned when the Bidder has signed the agreement and furnished the required Performance Security. 16.6 The Bid Security may be forfeited: (@) if the Bidder withdraws its Bid, except Sub-Clause 22.2; provided in (b) if the bidder does not accept the correction of its Bid Price. Pursuant to Sub-Clause 28.1; or (6) in the case of a successful Bidder, if he fails within the specified time limit to: @ sign the agreement; or (ii) famish the required Performance Security.Bidders riginal m. the ecified o shall ase the reeing lify its ts Bid stiance writy in ¢ form from a ated in Lin Sti be in icluded to the iven in ty shall he Bid commit med as fier the eturned hed the ded in its Bid thin the DESIGN & BUILD CONTRACTS 17. 18. 19. Pre-Bid Meeting Format and Signing of Bid sealing and Marking of Bids 17. 17.2 173 18.1 18.4 19. Section I -Instructions to Bidders Bidder's designated representative(s) is invited to attend a pre- Bid meeting, which, if convened, will take place at the venue and time specified in the Bidding Data. ‘The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. The Bidders are requested, as far as possible, to submit any questions in writing or by facsimile, to reach the Employer not later than one week before the meeting. It may not be practicable at the meeting to answer questions received late All questions raised at the pre-bid meeting or under Clause 9.0 will be responded to in writing by the Employer. The Bidder shall prepare one original of the documents comprising the Bid as described in Clause 19 of these Instructions to Bidders.” In addition, the Bidder shall submit a copy of the Bid, as described in clause 19. In the event of discrepancy between them, the original shall prevail. The bid shall be sealed in accordance with clause 19. The original and the copy of the Bid shall be signed by a person or persons duly authorized to sign on behalf of the Bidder All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid. The Bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the Bid. D. Submission of Bids ‘The Bidder shall submit the Bid under three separately sealed envelopes as follows: (a) The first envelope shall be clearly marked “ENVELOPE I- GENERAL INFORMATION” and shall include separately sealed inner envelope of the original and copy of the Preliminary Information; (b) The second envelope shall be clearly marked “ENVELOPE 2 ~ DESIGN/TECHNICAL PROPOSAL” and waming “Do Nor Opsx, EXCEPT IN. THE PRESENCE OF THE EVALUATION COMMITTEE” and shall include separately sealed inner envelope of the original and copy of the Design/Technical Proposal; andDESIGN & BUILD CONTRACTS. Section I-Instructions to Bidders (©) The third envelope shall be clearly marked “ENVELOPE 3 - PRICE PROPOSAL” and warning “Do Not OPEN, EITHER Witn THE GENERAL INFORMATION OR DI sN/ TECHNICAL PROPOSAL” and shall include separately sealed innet envelope of the original and copy of the Pri Proposal; 19.2 The Bidder shall seal the original and the copy of the Preliminary Information in two separate covers, duly marked as “ORIGINAL OF GENERAL INFORMATION” and “COPY OF GENERAL INFORMATION.” The two covers shall then be sealed as inner covers in the Envelope 1 described under Sub-Clause 19.1(a) above. The original cover shall include the originals and the copy shall include copies of the following: () Volume 1A of the Bidding Document (i) Invitation to Bid (iii) Section Il - Bidding Data (iv) Section IV ~ Contract Data (v) Section VI Employer's Requirement Power of Attomey for the signatory to the bid; Duly filled and signed Form of Bid; (viii) Bid security; (ix) Duly filled “ A” schedules — “General Information” (x) Other information listed in Bidding Data; and (xi) Any other information, bidder may wish to include 193 The Bidder shall seal the original and the copy of the Design/Technical Proposal in two separate covers, duly marked as “ORIGINAL OF DESIGN/ TECHNICAL PROPOSAL” and ‘OPY OF DESIGN/TECHNICAL PROPOSAL.” The two covers shall then be sealed as inner overs in the Envelope 2 described under Sub-Clause 19.1(b) above. The original cover shall include the originals and the copy shall include copies of the following: (i) Duly filled and signed Form of Design /Technical Proposal (ii) Duly filled “B” Schedules “Comments and suggestions on Employer's Requirements” (if any); (ii) Contractor's Proposal; (iv) Drawings (if any); (v) Other Information listed in the Bidding Data; and (vi) Any other information, bidder may wish to includeDESIGN & BUILD CONTRACTS Section I -Instructions to Bidders ion me 20, Deadline for Submission of of the na Bias CAL CAL, : inner Clause iginals ae 21 Late Bids stions 2.Modification, Substitution, e and Withdrawal of Bids 20 19.4 The Bidder shall seal the original and the copy of the Price Proposal in two separate covers, duly marked as “ORIGINAL OF PRICE PROPOSAL” and “COPY OF PRICE PROPOSAL.” The two covers shall then be sealed as inner covers in the Envelope 3 described under Sub-Clause 19.1(c) above. ‘The original cover shall include the originals and the copy shall include copies of the following: (i) Duly filled and signed Form of Price Proposal; (ii) Duly filled “C” Schedules - “Price Schedules” 19.5 All inner and outer envelopes/covers shall: (a) be addressed to the Employer at the address provided in the Bidding Data; (b) bear the name and identification number of the Contract as defined in Bidding Data; and (©) provide a warning as specified in the Sub-Clause 19.1 19.6 In addition to the identification required in Sub-Clause 19.5 (0), all inner covers shall indicate the name and address of the Bidder to enable the Bid to be returned unopened. 19.7 If the outer cover is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid. 20.1 Bids must be received by the Employer at the address specified in Invitation to Bid no later than the time and date stipulated in the Bidding Data 20.2 The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of Bids by issuing an addendum in accordance with Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will thereafter be subject to the deadline as extended. 21.1 Any Bid received by the Employer after the deadline for submission of Bids prescribed in Clause 20 will be returned unopened to the Bidder. 22.1 The Bidder may modify, substitute, or withdraw its Bid after Bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of 22.2 The Bidder’s modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the provisions of Clause 18 and 19, with theDESIGN & BUILD CONTRACTS Section I -Instructions to Bidders (c) The third envelope shall be clearly marked “ENVELOPE 3— PRICE PROPOSAL” and warning “Do Nor Open, EITHER With THE GENERAL INFORMATION OR DESIGN! ‘TECHNICAL PROPOSAL” and shall include separately sealed inner envelope of the original and copy of the Price Proposal; 19.2. The Bidder shall seal the original and the copy of the Preliminary Information in two separate covers, duly marked as “ORIGINAL OF GENERAL INFORMATION” and “COPY OF GENERAL INFORMATION.” The two covers shall then be sealed as inner covers in the Envelope 1 described under Sub-Clause 19.1(a) above. The original cover shall include the originals and the copy shall include copies of the following (Volume 1A of the Bidding Document (i) Invitation to Bid Gili) Section I ~ Bidding Data (iv) Section IV — Contract Data (v) Section VI— Employer's Requirement (vi) Power of Attorney for the signatory to the bid; (vii) Duly filled and signed Form of Bid; (viii) Bid securit (ix) Duly filled“ A” schedules — “General Information” (x) Other information listed in Bidding Data; and (xi) Any other information, bidder may wish to include 19.3. The Bidder shall seal the original and the copy of the Design/Technical Proposal in two separate covers, duly marked as “ORIGINAL OF DESIGN/ TECHNICAL PROPOSAL” and “COPY OF DESIGN/TECHNICAL PROPOSAL.” The two covers shall then be sealed as inner @overs in the Envelope 2 described under Sub-Clause 19.1(b) above. The original cover shall include the originals and the copy shall include copies of the following: (Duly filled and signed Form of Design /Technical Proposal Gi) Duly filled “B” Schedules “Comments and suggestions on Employer's Requirements” (if any); ii) Contractor's Proposal; (iv) Drawings (if any); (v)_ Other Information listed in the Bidding Data; and (vi) Any other information, bidder may wish to include 20Bidders 35 THER SIGN ide if the duly ICAL ICAL inner “lause ginals hnical stions 20 ESIGN & BUILD CONTRACTS Section {Instructions to Bidders 20. Deadline for Submission of Bids 21 Late Bids 22.Modification, Substitution, and Withdrawal of Bids 19.4 The Bidder shall seal the original and the copy of the Price Proposal in two separate covers, duly marked as “ORIGINAL OF PRICE PROPOSAL” and “COPY OF PRICE PROPOSAL.” The two covers shall then be sealed as inner covers in the Envelope 3 described under Sub-Clause 19.1(c) above. The original cover shall include the originals and the copy shall include copies of the following (i) Duly filled and signed Form of Price Proposal; Gi) Duly filled “C” Schedules - “Price Schedules” 19.5 All inner and outer envelopes/covers shall: (a) be addressed to the Employer at the address provided in the Bidding Data; (b) bear the name and identification number of the Contract as defined in Bidding Data; and (©) provide a warming as specified in the Sub-Clause 19.1 19.6 In addition to the identification required in Sub-Clause 19.5 (b), all inner covers shall indicate the name and address of the Bidder to enable the Bid to be returned unopened. 19.7 If the outer cover is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid. 20.1 Bids must be received by the Employer at the address specified in Invitation to Bid no later than the time and date stipulated in the Bidding Data 20.2 The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of Bids by issuing an addendum in accordance with Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will thereafier be subject to the deadline as extended, 21.1 Any Bid received by the Employer after the deadline for submission of Bids prescribed in Clause 20 will be returned unopened to the Bidder. 22.1 The Bidder may modify, substitute, or withdraw its Bid after Bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of Bids. 22.2 The Bidder’s modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the provisions of Clause 18 and 19, with theDESIGN & BUILD CONTRACTS Section I -Instructions to Bidders 23. Bid Opening outer and inner envelopes additionally marked “Modification to Envelope 1- General Information” and/or “Modification to Envelope 2 - Design / Technical Proposal” and/or “Modification to Envelope 3 - Price Proposal” or “ substitute” or “withdrawal” as appropriate. 22.3 No Bid may be modified by the Bidder after the deadline for submission of Bids. 22.4 Withdrawal of a Bid during the interval between the deadline for submission of Bids and expiration of the period of Bid validity may result in the forfeiture of the Bid security pursuant to Sub-Clause 16. E. Bid Opening and Evaluation 23.1 The Employer will open the envelope marked, ‘Envelope I - General Information’, including withdrawals and modifications made to envelope marked ‘Modification to Envelope 1 - General Information’ pursuant to Clause 22, in the presence of Bidders’ designated representatives who choose to attend, at the time, date, and location stipulated in the Invitation to Bid. The Bidders’ representatives who are present shall confirm their attendance by signing the attendance sheet. 23.2 Envelopes marked “withdrawal” shall be opened first and the name of the Bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be opened. 23.3 The Bidders’ names, presence (or absence) of Modification to Bid and withdrawals, the presence (or absence) of Bid security, and any such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. Subsequently, all envelopes. marked “Modification to Envelope 1 ~ General Information” shall be opened and the submissions therein read out in appropriate detail. No Bid shall be rejected at Bid opening except for late Bids pursuant to Clause 21 23.4 The envelopes marked ‘Envelope 2 — Design /Technical Proposal’ and ‘Modification to Envelope 2 — Design/ ‘Technical Proposal’ will be opened by the evaluators with the commencement of evaluation of envelopes marked ‘Envelope 2 — Design /Technical Proposal’, 2idders DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders ation ation ad/or tute” e for dline * Bid wurity mto Bid may er at tked I be riate t for 2 23.5 ‘The envelopes marked ‘Envelope 3 — Price Proposal” will be opened after the completing the evaluation of envelope marked ‘Envelope 2 ~ Design /Technical Proposal’, in the manner described in Sub-Clause 27.6 and Sub-Clause 27.7, 24. Process to be 24.1 Information relating to the examination, clarification, Confidential evaluation and comparison of Bids, and recommendations for the award of a Contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the rejection of the Bidder’s Bid. 25, Clarification of 25.1 To assist in the examination, evaluation, and comparison of Bids Bids, the Employer may, at its discretion, ask any Bidder for clarification of its Bid, including breakdowns of prices. The request for clarification and the response shall be in writing or by facsimile, but no change in the price or substance of the Bid shall be sought, offered, or permitted. 26, Examination of 26.1 Prior to the detailed evaluation of Bids, the Employer will Bids and evaluate the information submitted with the envelope marked Determination ‘Envelope 1 — General Information’ to determine whether of each Bid (a) meets the eligibility criteria; (b) has been Responsiveness properly signed; (c) is accompanied by the required securities; (d) is substantially responsive to the requirements of the Bidding document; and (e) provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to Sub-Clause 26.2. 26.2 A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications of the bidding document without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the bidding document, the Employer's rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. 26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders 27. Evaluation and Note: Two options, Option A and Option B are gi Comparison of Bids ven below. The applicable option for the bid is given in Bidding Data. The evaluation and comparison will be done accordingly. If no option is selected in the Bidding Data, evaluation and comparison will be done following Option A. OPTION A 27.1 The Employer will evaluate and compare only the Bids 272 273 (@) determined to be substantially responsive in accordance with Clause 26. Evaluators of envelope marked ‘Envelope 2 - Design/Technical Proposal’ shall have no access to the envelope marked ‘Envelope 3 - Price Proposal” until the technical evaluation, is concluded. The Employer, evaluates the Envelope 2 - Design/ Technical Proposals on the basis of their responsiveness to the Employer's Requirements, applying the evaluation criteria, and point system specified in Sub-Clause 27.3 and 27.4. The Employer will also use the appropriate information submitted in the envelope marked * Envelope 1 ~ General Information’ in allocating points. During the evaluation of Envelope 2, the Employer will determine whether the Bidders are qualified and whether technical aspects are substantially responsive to the requirements set forth in the bidding document, In order to reach such a determination, the Employer will examine the information supplied by the Bidders, and other requirements in the bidding document, taking into account the following factors (but not limited to): Qualification (The determination will take into account the Bidder’s financial and production capabilities and past performance; it will be based upon an examination of the documentary evidence of the Bidder’s qualification submitted by the Bidder, as well as such other information as the Employer deems necessary and appropriate; (ii) The Employer will examine whether the bidder is satisfying the minimum criteria given under Sub- Clause 4.3 An affirmative determination under 27.3 (a) ii above, will be a prerequisite for the Employer to continue with the evaluation of the Envelope 2; a negative determination will result in rejection of the Bid. 24bidders DESIGN & BUILD CONTRACTS, Section | -Instructions to Bidders will iether the jer to te the ments owing ider’s past ion of cation other y and der is ‘Sub- above, le with -gative 24 (b) Technical ‘The determination will take into account the Bidder’s Design/Technical Proposal with special attention given to the following and will assign a technical score based on the point system and the criteria given in Sub-Clause 27.4. (Overall completeness and compliance with the Employer’s Requirements; and deviations! shortcomings from or the Employer's Requirements (ii) The design team (iii) Work plan and methodology iv) Compliance with the time schedule 27.4 The following point system will be used for evaluation of the Design Team and the Design/Technical Proposal Criteria Maximum | Minimum | Points _| Required GW | Specilic experience” of the bidder or the composition of) the Design Team related to the] 10 0s design of proposed Works | [Gy | Overall’ compliance with the| requirements of the bidding) 10 05 | document | Experient ‘of the key’ Members of the Design Team | __ 30 20 fork Plan and time schedules| 15 w__| Preliminary Design approach |__25 13 ‘Any_other improvements. to] 1 the Employer's Requirements,| 10 - suggested by the Bidder _ Total 100 6 | ‘The following Sub-Criteria will be used in assigning points to (i), (i), (iv), and (v) above (a) Satisfactory - 50% (b) Good - 75% (©) Very Good 100% For allocating points for (iii) above, each key member of the Design Team will be assigned a weighting in accordance with their roles for the assignment. Subjected to the weightings assigned each key staff member will be evaluated using the following Sub-Criteria: (a) General qualifications (b) Total experience (©) Experience related to the task 28SSS DESIGN & BUILD CONTRACTS ‘eto I -Instructions to Bidders 218 27 218 27.10 Each responsive Design/Technical proposal will be given a technical score as above. A Bid shall be rejected at this stage if it does not respond to important aspects of the Employer's Requirements or if it fails to achieve an overall minimum of 65 points together with the minimum given against each criteria. ‘After the evaluation of Envelope 2 is completed, the Employer shall notify those Bidders whose Design/Technical proposal did not meet the minimum qualifying mark or were considered nonresponsive to the Employer's Requirements, indicating that their envelope marked ‘Envelope 3 - Price Proposal’ will be returned: unopened after completing the selection process, The Employer shall simultaneously notify the Bidders that have secured the minimum qualifying mark, indicating the date and time set for opening the envelope marked “Envelope 3 - Price Proposal’. The notification may be sent by registered letter, or facsimile, ‘The Envelope 3 shall be opened in the presence of the Bidders” representatives who choose to attend. The name of the bidder, the Bid prices together with any discounts offered shall be read aloud and recorded when the envelopes marked ‘Envelope 3 - Price Proposal” are opened In evaluating the Price Proposal, the Employer will determine for each Bid the Evaluated Bid Price by adjusting the Bid Price as follows: (a) excluding Provisional Sums and the provision, if any, but including Day work, where priced competitively; (b) correct the arithmetical errors in-pursuant to Clause 28. (c) making an appropriate adjustment on sound technical and/or financial grounds for any other quantifiable acceptable variations, deviations or alternative offers. (@) applying any discounts offered by the Bidder. ‘The Employer reserves the right to accept or reject any variation, deviation, or altemative offer. — Variations, deviations, alternative offers, and other factors that are in excess of the requirements of the bidding document shall not be taken into account in Bid evaluation. ‘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.DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders a 27.11 If the Bid, which results in the lowest Evaluated Bid Price, ie is seriously unbalanced or front loaded in relation to the = Employer's estimate of the items of work to be performed = under the Contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Price Schedule, to demonstrate the internal consistency s of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated Contract eS payments, the Employer may require that the amount of the Performance Security set forth in Clause 32 be increased at the expense of the Bidder to a level sufficient to protect the e Employer against financial loss in the event of default of vat the suecessful Bidder under the Contract. he : ed OPTION B be : 27.1 ‘The Employer will evaluate and compare only the Bids determined to be substantially responsive in accordance he with Clause 26 a es Evaluators of envelope marked ‘Envelope 2 ~ Design/ : Technical Proposal’ shall have no access to the envelope 7 5 Pr a . a marked ‘Envelope 3 - Price Proposal’ until the technical evaluation, is concluded. The Employer, evaluates the Envelope 2 - Design/ Technical Proposals on the basis of vill their responsiveness to the Employer's Requirements, applying the evaluation criteria, and point system specified in Sub-Clause 27.3 and 27.4 During the evaluation of Envelope 2, the Employer will determine whether the Bidders are qualified and whether technical aspects are substantially responsive to the requirements set forth in the bidding document. In order to reach such a determination, the Employer will examine the information supplied by the Bidders, and other requirements in the bidding document, taking into account the following factors (but not limited to): (i) The determination will take into account the Bidder's financial and production capabilities and past performance; it will be based upon an examination of the of documentary evidence of the Bidder’s qualification submitted by the Bidder, as well as such other information as the Employer deems necessary and appropriate;IN & BUILD CONTRACTS Seetion I -Instructions to Bidders Gi) The Employer will examine whether the Bidder is tisfying the minimum criteria given under Sub-Clause 4.3; and (ii) An affirmative determination under 27.3 (a) ii above, will be a prerequisite for the Employer to continue with the evaluation of the Envelope 2; a negative determination will result in rejection of the Bid. (b) Technical The determination will take into account the Bidder’s Design/Technical Proposal with special attention given to the following and will assigned a technical score based on the point system and the criteria given in Sub-Clause 274: (@ Overall completeness and compliance with the Employer's Requirements; and_—_deviations/ shortcomings from or the Employer's Requirements, (ii) The design team, ii) Work plan and methodology, (iv) Compliance with the time schedule 27.4 The following point system will be used for evaluation of the Design Team and the Design/Technical Proposals: [Points (i) | Specific experience of the bidder or the 10 composition of the Design Team related to| the design of proposed Works Gi) | Overall compliance with the requirements off 10 | the bidding document | i) | Experience of the key Members of the! 30, Design Team (iv) | Work Plan and time schedules an (@) [Preliminary Design approach 3 (Wi Any other improvements fo the Employer's) 10 Requirements, suggested by the Bidder Total 100. The following Sub-Criteria will be used in assigning points t0 (), Gi), (iv), and (¥) above (a) Satisfactory, but needs improvements - 50% (b) Good - 15% (©) Very Good - 100%& BUILD CONTRACTS Section I -Instructions to Bidders 218 207 218 28 For allocating points for (iii) above, each key member of the Design Team will be assigned a weighting in accordance with their roles for the assignment. Subjected to the weightings assigned each key staff member will be evaluated using the following Sub-Criteria: (a) General qualifications - 25% (b) Total experience 25% (©) Experience related to the task = 50% Each responsive Design/Technical proposal will be given a technical score (St) as above. A proposal shall be rejected at this stage if it does not respond to important aspects of the Employer's Requirements or if it fails to achieve a minimum overall total 65 points or if it fails to achieve a minimum of 50% under each criteria, other than criteria vi given in Sub-Clause 27.4. After the evaluation of Envelope 2 is completed, the Employer shall notify those Bidders whose Design/Technical proposal did not meet the minimum qualifying mark or were considered non responsive to the Employer's Requirements, indicating that their envelope marked ‘Envelope 3 — Price Proposal’ will be returned unopened after completing the selection process. ‘The Employer shall simultaneously notify the Bidders that have secured the minimum qualifying mark, indicating the date and time set for opening the envelope marked ‘Envelope 3 — Price Proposal’. The noti ition may be sent by registered letter, or facsimile. The Envelope 3 shall be opened in the presence of the Bidders’ representatives who choose to attend. The name of the Bidder, the scores obtained for Design/Technic: proposal and the Bid prices together with any discounts offered shall be read aloud and recorded when the envelopes marked ‘Envelope 3 — Price Proposal’ are In evaluating the Financial Proposal, the Employer will determine for each Bid the Evaluated Bid Price by adjusting the Bid Price as follows: (a) excluding Provisional Sums and the provision, if any, but including Day work, where priced competitively; (b) correct the arithmetical errors in-pursuant to Clause 28;DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders (©) making an appropriate adjustment on sound technical and/or financial grounds for any other quantifiable acceptable variations, deviations or alternative offers; @ applying any discounts offered by the Bidder. 27.9 The Bid with lowest evaluated price (Fi) will be given a financial score (S,) of 100 points. The financial scores (Sd of the other Bid prices (F) will be computed as follow: = 100 x Fy/F 27.10 Bids will be ranked according to their combined score ($) using weights DT% for Design/Technical Proposal as given in Bidding Data; and P% for Evaluated Bid Price as given in Bidding Data; S=StxDT%+ Sf xP%. 27.11 The Bidder achieving the highest combined Design/ ‘Technical and financial score will be considered as the best evaluated Bidder, 27.12 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, alternative offers, and other factors that are in excess of the requirements of the Bid documents shall not be taken into account in Bid evaluation. 27.13, 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, 27.14 If the Bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or front loaded in relation to, the Employer's estimate of the items of work to be performed under the Contract, the Employer may require the Bidder to produce detailed price analyses for any ot all items of the Price Schedule, to demonstrate the intemal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated Contract payments, the Employer may require that the amount of the performance security set forth in Clause 32 be increased at the expense of the Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract,s 30 Section I -Instructions to Bidders 28. Correction of 28.1 Bids determined to be substantially responsive will be Errors checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. (c) unless this sub-clause is modified in Bidding Data and if the bid price decreases by the above procedure, the amount stated in the Form of Bid shall be adjusted with the concurrence of the Bidder and shall be considered as. binding upon the Bidder. If the bidder does not accept the corrected amount of bid, his bid will be rejected, and the bid security may be forfeited in accordance with sub clause 16.6(b). (@) unless this sub-clause is deleted in Bidding Data and if the total Bid price increases due to corrections made on above procedure, the bid price shall not be adjusted to the increased price and the corrections should be readjusted within the Bid price in consultation with the Bidder F. Award of Co..tract | 29. Award 29.1 (If Option A under clause 27 is applicable) Subject to Clause 30, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding document in accordance with Clause 26.1, has achieved minimum points given under Sub- Clause 27'5 for Design and Technical Proposal, and who has offered the lowest Evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3; and_(b) qualified in accordance with the provisions of Clause 4.3, 29.1 (if Option B under clause 27 is applicable) Subject to Clause 30, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding document in accordance with Clause 26.1, has achieved minimum points given under Sub- Clause 27.5 for Design and Technical Proposal, and has achieved the highest combined technical and financial score in accordance with Sub-Clause 27.10, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3; and (b) qualified in accordance with the provisions of Clause 4.3.DESIGN & BUILD CONTRACTS. Section I -Instructions to Bidders 30. Employer's Right to Accept any Bid and to Reject any or all Bids 31. Notification of Award 32. Performance Security 30.1 311 312 313 31.6 32.1 Clause 27.5 for Design and Technical Proposal, and has achieved the highest combined technical and financial score in accordance with Sub-Clause 27.10, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3; and (b) qualified in accordance with the provisions of Clause 4.3 The Employer reserves the right to accept or reject any Bid, and to annul the Biding process and reject all Bids, at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation 10 inform the affected Bidder or Bidders of the grounds for the Employer's action. Prior to expiration of the period of Bid validity prescribed by the Employer, the Employer will notify the successful Bidder by registered letter that its Bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) shall specify the sum which the Employer will pay the Contractor in consideration of the design, execution and completion of the Works and the remedying of any defects therein by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called “the Initial Contract Price”). The Letter of Acceptance will constitute the formation of the Contract. ‘The agreement will incorporate the Memorandum of Understanding if any, between the Employer and the successful Bidder, and shall be signed by the Employer and the successful bidder. After issuing the Letter of Acceptance, the Employer will send the Bidder the Agreement in the form provided in the bidding documents, incorporating all agreements between the par Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidders that their bids have been unsuccessful. The Employer shall notify the successful bidder the date, time and venue for entering into executing the contract agreement, Within 14 days of receipt of the Letter of Acceptance, the suecessful Bidder shall furnish to the Employer a Performance Security in the amount specified in the Bidding Data in the form given in the Bidding Data or some other form acceptable to the Employer.e y 0 e DESIGN & BUILD CONTRACTS Section I -Instructions to Bidders 33. Advance Payment and Security 34, Payments to the Contractor 35. Adjudicator 33.1 The Employer will provide an Advance Payment as stipulated in the Conditions of Contract, subject to a maximum amount of 20% of the Initial Contract Price, within 14 days of the Contractor submitting an acceptable guarantee and upon submission of Performance Security. ‘The payments made to the Contractor will be subjected to a deduction for retention. calculated by applying the percentage of retention stated in Bidding Data, until the amount so retained reaches the limit of retention stated in Bidding Dat No Interim Payment will be made to the Contractor if the value of the Interim Certificate is less than the amount stated in the Bidding Data. The Employer proposes the person named in the Bidding Data to be appointed as Adjudicator under the Contract. If the Bidder disagrees with this proposal, the bidder should so state in the Bid. Then the Adjudicator shall be appointed by the Appointing Authority designated in the Bidding Data at the request of either party In any event the Adjudicator shall be a person not associated with the project directly or indirectly and who could demonstrate impartiality and independence in his funSection - II BIDDING DATA (SAMPLE ONLY) Note. This section shall be read in conjunction with Section I - Instructions to Bidders, and is intended to provide specific information in relation to corresponding Clauses in Section I. Whenever there is a ambiguity, the provisions in Section II - Bidding Data shall supersede these provided in the Section I - Instructions to Bidders. Bidders are advised to ignore the information printed in blue colour in the document, when preparing their bids. Such information is provided for the guidance of the Employer. bo [Ne ©. The Bidding Data included herein are Samples only. The Employer shall fill the necessary information and include them as Section I in Volume 1B before issuing the bidding documents. | | | |38 & BUILD CONTRACTS Section Il -Bidding Data Bidding Data Instructions to Bidders Sub-Clause Item Sub-Clause Entry Employer's 1.1.9.1 The Employer is mame and address Name Address: Scope of Works 1,1 The Works consists of Located at Time for 1.2 The, Time for Gompletion for the whole of Works shal Completion be Delay damages The delay damages for the whole of the Works shall for the Works be per Day. The maximum amount of delay damages for the whole of the Works shall be* ___ percent of the Initial Contract Price. Defects 12 Defects Notification Period is:, _Days from Notification Employer's Taking over Period Source of funds 2.1 The source of funds is® pe ICTAD 3.1 The registration required® registration Specialty = required Grade Briaf summary; including name, identification number, relationship to other contracts under the project ° If different dates are specified for completion of the Works by section ("sectional completion), these dates should be listed * Depends on the urgency of the project. Generally 0,05 % of the Initial Contract Price may be appropriate + Generally 10% Insert GOSL. or name of donor © Shall be same as Invitation to BidDESIGN & BUILD CONTRACTS Section Il-Bidding Data Eligible bidders 3.4" may submit a bid with or without a local agent(s), If the foreign bidder uses a local agent(s), and if the bid price exceed Rupees 250 m the bidder shall provide the following information with the bid Failing to furnish such information may result the rejection of the bid by the Employer. (ithe name and address of the local agent(s) (i) the year of registration of the business of the local y nt (ii) a certified copy of the audited accounts of the local agent(s) for any one of the two financial years immediately ‘preceding the date of submission of Bids audited by an independent external auditor in accordance with Sri Lanka auditing standards together with the auditor's report confirming that the accounts were prepared in accordance with the Sri Lanka accounting standard; and (iy) all details of commissions or gratuities, if any paid of t0 be paid to the local agent(s) connected with or relating to the Bid up to contract execution iff the bidder is awarded the ct, ine ing any success fees payable. Qualification 3 Information 4i* Vill © ICTAD registration* Registration numb Grade Specialty Expiry date 3.2. The following in ation shall be provided in Section * — NCCASL membership* = Number _ "Expiry Date _ © VAT registration number © Attach construction program © Attach legal status (Sole proprietor. Partnership, Company etc.) © Attach authentication for signatory * Total monetary value of construction work* performed for each of the last five years; Insert tho Entry w * Select appropriately from the lst provided, and a * Use appropriate schedules provided lr Clause 3.4, only if forcign bidders are allowed to bid any other informationta (s), der vid the weal DESIGN & BUILD CONTRACTS. Average annual volume of construction work performed in last five Essential 4.3(¢)"" equipment Liquid assets and/or credit facilities required Bid price Contract is subjected to price adjustment for fluctuation of prices Seation I-Bidding Data ixperience in works of a similar nature and size for each of the last five years;* Construction equipment; Staffing;* Attach Work plan and methods; ‘Average annual volume of construction work performed in last five years shall be at least Rupe (state the amount?) Essential equipment required.*** The minimum amount of liquid assets and/or credit facilities net of other contractual commitments and exclusive of any advance payments which may be made under the contract shall.be. not less than Rupees" VAT component shall not be ineluded in the rates. The amount, written in the Form of Bid shall be without VAT. However VAT component shall be shown separately at the end of the price schedule summary. The Contract is/is not'! subject to price adjustment in accordance with Clause 13.7 of the Conditions of Contr Amount should not be less than 1.5 times the annual value of the proposed work. Annual value of the proposed Work is calculated by divi ration expressed in Months. ing the twelve times the estimated value of the contract by contract "Usually estimated payments flow-over a period of 3 months at the average (straight line distribution) Select "is Use appropriate schedules provided ** Insert only ifrequired *% List equipment requiredDESIGN & BUILD CONTRACTS. Section 1 Bidding Data Currency of bid 14.1" Bidders may bid in foreign currency(ies) stated, for the following items (Bidders may be required by the Employer to clarify their foreign currency component included in the rates/prices are reasonable.) For evaluation and comparison of Bids under Clause 27, rates and prices quoted in foreign currencies by the bidders will be converted to Sri Lanka Rupees using middle exchange rate published by Central Bank of Sri Lanka, on the date 28 Days prior to date of cl Bids. sing of iedule No. [Item No ee Bid validity 15.1 The Bid shall be valid up to? (date). period Amount of Bid 16.1 The amount" of Bid security shall be Sti Lanka security Rupees Validity of Bid 16.2 The Bid security’shall be valid up to (date"®) ity Pre-Bid meeting 17.1 Pre Bid meeting will be held/ will not be held Venue - Date? 1 panne 19.2'8 ‘The following information also shall be included in the inne covers of envelope marked as “Envelope 1- Preliminary Information”: (Schedule, “Annual turn-over Information”; (ii) Schedule “Adequacy of Working capital ii) Schedule, * Construction experience in (iv) Schedule, * Construction experience in last five Years"; () Schedule, * Major items of construction equipment proposed”; Insert only if bidders are allowed to bid in foreign Shall be same as Invitation 10 Bid should be realistic. Usually the period is 91 - 147 Days from dead Hy used amounts are ‘@) Refundable render deposits ~ Up to one percent of the total cost estimate 5) Bid security ~ not more than 2% (usually 1% of the total cost estimate) “Insert the date which shall he at least 28 days. beyond the expiry of validity of Bid Allow sufficient time to circulate the minutes of the pre-bid meeting and the bidders to consider the contents of the minutes in preparation vf the Bid "The per The ws ine for submission of Bids. " Select Add as appropriateData DESIGN & BUILD CONTRACTS, ising f Sri ig of | 19.5 (a) 19.5 (b) Deadli sabmission of Bids e for Evaluation and comparison of Bids in the pe I Correction of ears” ipment ev Add as appro so Ada as appropriate re ® Shall be same as Jvitation to Bid same as Invitation to Bid or 'B 75%: 859 > Indie DT si P shail not be less tha» * Select appropriately * Only if Option B is selected 40 15% is recommended; DT + P 18 recommended: DT + P shall be 100 Section Il -Bidding Data The following information also shall be included in the inner covers of envelope marked as “Envelope 2 Design/Technical Proposal” (i) Schedule,“ Team composition and Task qi) vitae of key staff Gi) Time Schedule for key staff"; (iv) Work program (Design related activities); (v) Work program (Construction related activities) The following information also shall be included in the inner covers of envelope m Financial Proposal” (i) Daywork rates schedule (ii) Schedule, “Overhead and profit pereentage for Provisional Sum activities”; (iii) Schedule, “Input percentages for price adjustments” ed as “Envelope 3- The Employer's address for the purpose of Bid submission is! Contract name: Contraet No. The deadline for submission of Bids shall b Address for submission of Bids _ Por evaluation and comparison of Bids” option____ is selected. Technical proposal shall be: Db 1 for Price proposal shall be: ps = For GOSL not modi funded projects insert “Sub-Clause 28.1(c) I be eguat to 100DESIGN & BUILD CONTRACTS Section 1 Bidding Data For foreign funded projects insert following: Clause 28.1(c) modified as follows The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the Bidder. If the bidder does not accept the corrected amount of Bid, his Bid will be rejected, and the Bid Security may be forfeited in accordance with Sub- Clause 16.6(6) Correction of (28.1) d" For GOSL funded projects insert “Sub-Clause errors is applicable” 28.1(d) cts insert “Sub-Clause 28.1(d) For foreign funded proj is deleted” Amount of 32.1 The standard form of performance security acceptable Performance to the Employer shall be a bank guarantee or a Security Performance Bond from a reputed insurance company operating in Sri Lanka and accepted'by the treasury for acceptance of guarantees or from any other organization approved by the treasury for this purpose. The amount of Performance Security is* __ of the Initial Contract Price Percentage of 34.1 The tetention from each payment shall be" _ retention percent The limit of retention shall be percent of the Initial Contract Price. Minimum 34.2 %* of Initial Contract Price. amount of Interim Payment Certificates Adjudicator (35.1) The Adjudicator proposed by the Employer is proposed by Employer If the Bidder disagrees with the proposal of the © Select appropriately Ge ” Generally 10 percent * Generally 5 percent 5" 50% of the average monthly cash flow fexeluding provisional sums and Day Works) insert name and addressDESIGN & BUILD CONTRACTS Section I Bidding If the Bidder disagrees with the proposal of the Employer or the Adjudicator was not proposed, then the Adjudicator shall be appointed by the Appointing Authority who shall be the Institute for Construetion y me Training and Development (ICTAD) ice of n the Fees and types of reimbursable expenses to be paid to ected the Adjudicator shall be on a case to case basis and e Bid shall be shared equally by the Contractor and the Sub- Employer 3.1(d) an Amendments to Conditions of Contract Conditions of Contract Sub-Clause 3.1(d) Item Sub- Entry stable ora Right of access to, and The right of access to, and possession is apany possession of Site shall be amended and shall be =+---- days ry for zation This Amount of insurance per The amount of insurance required is occurrence is amended as: ‘amended and shall be Rupees ___ per event le Commencement of Work The Start Date is amended and shall be Days* from the issue of the = Letter of Acceptance ‘Tests After Completion Sub paragraphs (a), and (b) are tof amended, and Employer's obligations are limited as follows: (@) (b) Professional Indemnity Insurance 18.4. The amount of insurance shall be Rs. if the Depends on the complexity of the Contract; 14, 21 or 28 Days may be appropriate ert if amount of insurance is required is different from Rupees one million per oceurrence Insert if possession of site is different from 4 days Insert only if start date is different from 14 days from issue of Letior of acceptanceSection - III CONDITIONS OF CONTRACT Conditions of Contract shall be read in conjunction with Contract Data 4sDESIGN & BUILD CONTRACTS Section ll - Conditions of Contract Contents CONDITIONS OF CONTRACT GENERAL PROVISIONS «...ss0+000 Definitions, 57 Interpretation, 55 ‘Communications, 56 Law and Language, 56 Priority of Documents, 56 Contract Agreement, 56 Assignment, Care and Supply of Documents, 57 Errors in the Employer's Requirements, 57 Employer's Use of Contractor's Documents, 58 Contractor’s Use of Employer's Documents, 58 Confidential Details, 58 Compliance with Laws, 59 THE EMPLOYER oer Right of Access to the Site, 59 Permits, Licenses or Approvals, 60 Employer's Personnel, 60 Employer's Claims, 60 ‘THE ENGINEER Engineer's Duties and Authority, 67 Delegation by the Engineer, 67 Instructions of the Engineer, 62 Determinations, 62 THE CONTRACTOR Contractor's General Obligations, 62 Performance Security, 63 Contractor's Representative, 64 Subcontractors, 64 ‘Nominated Subcontractors, 65 Co-operation, 65 Setting Out, 65 Safety Procedures, 66 Sufficiency of the Initial Contract Price, 66 Unforeseeable Physical Conditions, 67 Contractor’s Equipment ete., 68 Proteetion of the Environment, 68 Progress Reports, 68 Contractor's Operations on Site, 69 Fossils, 695a 52 53 34 5S 5.6 57 58 59 5.10 60 63 & BUILD CONTRACTS. Section II - Conditions of Contract DESIGN .. 70 General Design Obligations, 70 Contractor's Documents, 77 Contractor's Undertaking, 72 Technical Standards and Regulations, 72 Samples, 73 Training, 73 As-Built Documents, 73 Operation and Maintenance Manuals, 74 Design Error, 74 Patents and Copyright, 74 STAFF AND LABOUR ...... 74 Rates of Wages and Conditions of Labour, 74 Persons in the Service of Employer, 74 Labour Laws, 74 Working Hours, 75 Facilities for Staff and Labour, 75 Health and Safety, 75 Contractor's Superintendence, 75 Contractors Personnel, 75 Records of Contractor's Personnel and Equipment, 76 Disorderly Conduct, 76 PLANT, MATERIALS AND WORKMANSHIP 16 Additional Samples, 7 Inspection, 76 Testing, 77 Rejection, 77 Remedial Work, 78 Ownership of Plant and Materials, 78 Royalties, 78 OMMENCEMENT, DELAYS AND SUSPENSION 0 Commencement of Work, 79 Time for Completion, 79 Programme, 79 Extension of Time for Completion, 80 Delays Caused by Authorities, 80 Rate of Progress, 81 Delay Damages, 81 Suspension of Work, 81 Consequences of Suspension, 82 Payment for Plant and Materials in Event of Suspension, 82 Prolonged Suspension, 82 Resumption of Work, 82 TESTS ON COMPLETION ..... Contractor's Obligations, 83 Delayed Tests, 63 4816 9 48 ESIGN & BUILD CONTRACT 93 94 W1 122 123 124 13.0 13.4 132 133 134 135 13.6 B7 14.0 141 144 145 146 147 148 149 14.10 14.11 14.12 Retesting, 84 Failure to Pass Tests on Completion, 84 EMPLOYER’S TAKING OVER . ‘Taking Over of the Works and Sections, 84 ‘Taking Over of Parts of the Works, 85 Interference with Tests on Completion, 86 DEFECTS LIABILITY .. eee eee Completion of Outstanding Work and Remedying Defects, 87 Cost of Remedying Defects, 87 Extension of Defects Notification Period, 87 Pailure to Remedy Defects, 88 Removal of Defective Work, 88 Further Tests, 88 Contractor to Search, 89 Performance Certi Unfutfilled Obligations, 89 Clearance of Site, 89 TESTS AFTER COMPLETION .. Procedure for Tests after Completion , 89 Delayed Tests, 90 Retesting, 99 Failure to Pass Tests after Completion, 9/ VARI TIONS AND ADJUSTMENTS... Right to Vary Employer’s Requirements, 92 Value Engineering, 92 Variation Procedure, 93 Provisional Sums, 93 Daywork, 94 Adjustments for Changes in Legislation, 94 Adjustments for Changes in Cost, 95 CONTRACT PRICE AND PAYMENT The Contract Price, 96 Advance Payment, 96 Application for Interim Payment Certificates, 97 Issue of Interim Payment Certificates, 98 Payment, 99 Delayed Payment, 99 Payment of Retention Money, 99 Statement at Completion, 99 Application for Final Payment Certificate, 100 Discharge, 100 Issue of Final Payment Certificate, 00 Cessation of Employer's Liability, 707 Section IN| - Conditions of Contract. 92 49DESIGN & BUILD CONTRACTS Section 111 - Conditions of Contract 15.2 133 15.4 15.5 16.0 16.1 162 16.3 16.4 170 WA 172 173 4 18.0 181 18.2 183 18.4 19.0 19.1 192 193 ERMINATION BY EMPLOYER .. Notice to Correct, 101 ‘Termination by Employer, 101 Valuation at Date of Termination, 103 Payment after Termination, 103 Employer's Entitlement to Termination, 103 SUSPENSION AND TERMINATION BY CONTRACTOR ......... Contractor's Entitlement to Suspend Work, 104 ‘Termination by Contractor, 104 Cessation of Work and Removal of Contractor's Equipment, /05 Payment on Termination, 105 RISK AND RESPONSIBILITY Indemnities, 105 Contractor’s Care of the Works, 106 Employer's Risks, 107 Consequences of Employer's Risks, 107 INSURANCE... Insurances for Works and Contractor's Equipment, 108 Third Party Insurance (including Employer's Property), 108 Insurance for Contractor's Personnel, 108 Insurance for Professional Indemnity, 109 CLAIMS, DISPUTES AND ARBITRATION ....... Contractor's Claims, 109 Disputes, 110 Procedure for Disputes, 1/1 Replacement of Adjudicator, /1/ Arbitration, 111 FORCE MAJEURE Definition of Force Majeure, 1/2 Notice of Force Majeure, 1/2 Duty to Minimise Delay, 113 Consequences of Force Majeure, 113 Force Majeure Affecting Sub-contractor, 1/3 Optional Termination, Payment and Release, //3 Release from Performance under the Law, 114 104 106 108 109 112‘of Contract & BUILD CONTRACTS Section It - Conditions of Contract 101 104 106 108 109 112 Conditions of Contract 1.0 General Provisions In the Conditions of Contract (“these Conditions’), which include Contract Data and these Conditions, the following words and expressions shall have the meanings stated. L111 “Contract” means the Contract Agreement, the Letter of Acceptance, the Form of Bid the Form of Design/Technical Proposal, the Form of Price Proposal, these Conditions, Contract Data, the Employers Requirements, the Schedules., and the further documents (if any which are listed in the Contract Agreement or in the Letter of Acceptance. LAL. “Contract Agreement” means the contract agreement (if any) referred to Sub-Clause 1.6 (Contract Agreement). 1.13 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, including any annexed memoranda comprising agreements between and signed by both Parties. 1.1.1.4 “Contract Data” means the completed pages entitled contract data, which forms part of the conditions of contract LLLS “Employer’s Requirements” means the document entitled employer's requirements, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document specifies the purpose, scope, and/or design and/or other technical crite for the Works 1.1.1.6 “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Bid, as included in the Contract. Such document may include data, lists and schedules of payments and/or prices. 1.1.1.7 “Contractor's Proposal” means the document entitled contractor's proposal, which the Contractor submitted with the Bid, as included in the Contract. Such document may include the Contractor’s preliminary design. 1.1.1.8 “Bid” means the form of bid and all other documents, which the Contractor submitted with the bid, as included in the Contract.DESIGN & BUILD CONTRACTS Section Il - Conditions of Contract Persons a2 11.2.2 11.2.3 1124 11.2.5 1.1.2.6 1.1.2.7 11.28 1129 1.12.10 “Party” means the Employer or the Contractor, as the context requires. “Employer” means the person named as employer in the Contract Data and the legal successors in title to this person. “Contractor means the person(s) named as contractor in the Bid accepted by the Employer and the legal successors in ttle to this person(s). The Engineer is the person named in the Contract Data (or any other competent person appointed by the Employer and notified to the Contractor) who is responsible for administering and supervising the execution of the work Such person may be an engineer, architect or any other technical person. In the absence of such appointment the Employer himself. “Contractor's Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause 4.3(Conracror's Representative), who act on behalf of the Contractor. “Employer’s Personnel” means the Engineer, the assistants referred to in Sub-Clause 3.2 (Delegation by the Engineer) and all other staff, labour and other employees of the Engineer and of the Employer; and any other personne! notified to the Contractor, by the Employer or the Engineer, as Employer’s Personnel. “Qualified Designer” means a corporate member of respective national professional body and/or be a professional registered with the respective national registration board (if any). “Contractor’s Personnel” means the Contractor's Representative and all personnel whom the Contractor utilizes on Site, who may include the staff labour and other employees of the Contractor and of each Subcontractor::and any other personnel assisting the Contractor in the execution of the Works. “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons. ‘The “Adjudicator” is the person appointed jointly by the Employer and the Contractor or by the appointing authorityContract & BUILD CONTRACTS Section II! - Conditions of Contract as the in the © this ctor in ressors Yata (or yer and le for : work. y other ent the named ime to actor's the by the yees of sonnel gineer, ber of be a ational actor's itractor d other or;’and in the ontract asa > legal by the ithority 114 Money and Payments in accordance with sub-clause 19.2 (Disputes) or sub- clausel9.4 (Replacement of Adjudicator), to mediate in disputes in the first instance, as provided for in Clause 19.0 hereunder. “Base Date” means the date 28 days prior to the latest date for submission of the bid. “start Date” meas the date notified under Sub-Clause 8.1 (Commencement of Works). “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 (Time for Completion) as stated in the Contract Data with any extension under Sub-Clause 8.4 (Extension of Time for Completion), calculated from the Start Date. “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a variation, and which are carried out under Clause 9 (Tests ‘on Completion) before the Works or a Section (as the case may be) are taken over by the Employer. “Taking-Over Certificate” means a certificate issued under Clause 10 (Employer's Taking Over). “Tests after Completion” means the tests (if any) which are specified in the Contract and which are carried out under Clause 12 (Tests after Completion) after the Works or a Section (as the case may be) are taken over by the Employer. “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 (Completion of Outstanding Work and Remedying Defect) as stated in the Contract Data with any extension under Sub-Clause 11.3 (Extension of Defects Notification Period), calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 (Taking Over of the Works and Sections). “Performance Certificate” means the certificate issued under Sub-Clause 11.8 (Performance Certificate) “Day” means a calendar day and “Year” means 365 Days. “Initial Contract Price” means the amount stated in the Letter of Acceptance for the execution and completion of the Works and remedying of any defects.DESIGN & BUILD CONTRACTS Ls Works and Goods 1.1.42 115.1 alsa) 1.4.5.3 Section II - Conditions of Contract “Contract Price” means the amount stated in the Letter of ‘Acceptance for the execution and completion of the Works and remedying of any defects, subjected to such additions thereto or deductions there from in accordance with the Contract. “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. “Final Payment Certificate” means the payment certificate issued under Sub-Clause 14.11 (Issue of Final Payment Certificate). “Final Statement” means the statement defined in Sub- Clause 14.9 (Application for Final Payment Certificate). “Interim Payment Certificate” means a payment certificate issued under Clause 14 (Contract Price and Payment) other than the Final Payment Certificate “Payment Certificate” means a payment certificate issued under Clause 14 (Contract Price and Payment) “Provisional Sum” means a sum (if any), which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.4 (Provisional Sums). “Retention Money” means the accumulated retention moneys, which the Employer retains under Sub-Clause 14.3 (Application for Interim Payment Certificates) and pays under Sub-Clause 14.7 (Payment of Retention Money). “Statement” means a statement submitted by the Contractor as part of an application, under Clause 14 (Contract Price and Payment) for a Payment Certificate, “Contractor’s Equipment’ means all_—_apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of any defects. “Goods” means Contractor's Equipment, Materials, Plant and Temporary Works, or any of them as appropriate. “Materials” means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, s4