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Procurement Manual
PROCUREMENT MANUAL
FOR
Procurement Manual
CONTENT
Acronym
Definition
Chapter- I: Introduction
1.1
General
1.2
Project Objectives
1.3
Objective of the Procurement Manual
1.4
Scope of the Procurement Manual
1.5
Use of Procurement Manual
1.6
Modifications to the Procurement Manual
1.7
Reference to the World Bank/IDA
4
6
7
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40
57
59
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Enclosures
Enclosure 1
Enclosure 2
Enclosure : 15
: E-5
Enclosure : 16
: W-5
Enclosure : 17
: W-6
Enclsoure : 18
: W-9
Annexure
Annex.P-I/1
Annex.P-I/2
Annex.P-I/3
Annex.P-I/4
Annex.P-I/5
Annex.P-I/6
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Acronymns
A.E
A.E.E
A.P
APRWSSP
BPL
CCDU
C.E
CP
CQ
D.E.E
DPSU
DWSC
DWSM
E.E
EOI
E-in-C
FBS
FC
FMM
GOAP
G.O.I
G.P
GPWSC
ICB
IC
IEC
ISL
LCS
M&E
MIS
MOU
MVS
MVS-WSC
NC
NCB
NGO
NSS
O&M
OHSR
PAO
PC
PIP
PRI
PSU
QBS
QCBS
RFP
RWSSD
S.E
Assistant Engineer
Assistant Executive Engineer
Andhra Pradesh
Andhra Pradesh Rural Water Supply and Sanitation Project
Below Poverty Line
Communication and Capacity Development Unit
Chief Engineer
Commercial Practice
Consultant Qualification
Deputy Executive Engineer
District Project Support Unit
District Water and Sanitation Committee
District Water and Sanitation Mission
Executive Engineer
Expression of Interest
Engineer-in-Chief
Fixed Budget Selection
Fully Covered
Finance Management Manual
Government of Andhra Pradesh
Government of India
Gram Panchayat
Gram Panchayat Water and Sanitation Committee
International Competitive Bidding
Individual Consultant
Information, Education and Communication
Individual Sanitary Latrine
Least Cost Selection
Monitoring and Evaluation.
Management Information System.
Memorandum of Understanding.
Multi Village Scheme
Multi Village Scheme Water Supply Committee
Not Covered
National Competitive Bidding
Non-Government Organization
No Safe Source
Operation and Maintenance
Over Head Storage Reservoir
Pay and Accounts Officer
Partially Covered
Project Implementation Plan
Panchayat Raj Institution
Project Support Unit
Quality Based Selection
Quality and Cost Based Selection
Request for Proposal
Rural Water Supply and Sanitation Department
Superintending Engineer
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Definitions
RWSSD The RWSSD, under the Department Secretary, has the overall responsibility for
implementing the Project, including budget allocation, program and policies.
PSU Project Support Unit- The PSU will function as the secretariat to the SWSM and will
be assisted by the district units (D-PSUs) for implementing the World Bank Project in six
districts.
DWSM District Water and Sanitation Mission The DWSM will be responsible for the
overall district program and policies, including annual plan and budget, and periodic review of
the targets and achievements.
DPSU - The D-PSU, headed by the Program Director with inter-disciplinary officials
(technical, environmental, social, financial), will be responsible for the day-to-day operations
regarding the World Bank Project.
DWSC District Water and Sanitation Committee The DWSC, as the executive arm of the
DWSM will carry out the district activities, including design and implementation of schemes
and sanitation programs through RWSSD Divisions.
GPWSC Gram Panchayat Water and Sanitation Committee The GP-WSC, a sub-committee
of the Gram Panchayat, will work with the DWSC for designing and implementing the SVS
and intra village facilities of MVS.
MVSWSC Multi Village Scheme Water Supply and Sanitation Committee will endorse and
sign off the scheme design and the implementation stage payments for MVS and responsible
for O&M.
TSP Technical Service Provider can be hired by the DWSC from the market in case the
RWSSD engineers are not available or do not have capacity under a service contract
agreement.
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Chapter- I
Introduction
1.1 General
Andhra Pradesh (AP) is the fifth largest state in the country with over 76 million population
(census 2001) and spread across 277,000 sq. km. About 552 lakhs constituting 73% of its
population live in rural areas. The state has three major rivers Godavari, Krishna and Pennar
and also significant amount of ground water.
Andhra Pradesh has three regions namely Coastal Andhra, Telangana, and Rayalaseema. It is
divided into 23 districts (22 rural and one urban), comprising of 1125 Mandals, 21,893 Gram
Panchayats, with 72,072 habitations, about 46% are Fully Covered and 9% are either Not
Covered or are having No Safe Source.
Overall vision of GoAP for RWSS sector is to improve the quality of life of rural population in
the state by establishing sustainable and affordable access to adequate and safe water supply
for all citizens with effective sanitation facilities. The major objectives under the sector are:
a. Rural water supply
The vision is to make all rural habitations Fully Covered (FC) by
supplying of 40 litres per capita per day (LPCD) of safe drinking water;
improving existing water sources and distribution facilities to avoid slippage of
FC habitations to PC status;
enhancing sustainability (technical, financial and environmental) of water
supply services;
safeguarding water quality and securing reliable safe sources for habitations
with water quality problems.
b. Sanitation
The objective of supplying safe water would not be achieved unless the sanitary aspects
of water supply, as well as the issue of sanitation are addressed simultaneously. The
Vision is to provide sanitation in all Households, Schools and Anganwadis. The target
of providing 100% sanitation has to be supported by a concerted effort of spreading
awareness about the importance of sanitation, through Information, Education and
Communication (IEC) campaigns.
The Govt. of Andhra Pradesh has planned to accomplish the above objectives by implementing
AP Rural Water Supply & Sanitation Project with World Bank assistance.
1.2 Project Objectives
The project development objective is to assist the GoAP in increasing access of rural
communities to reliable, sustainable and affordable WSS services. The components of the
project are:
Component (a) Sector development comprising capacity building, IEC, sector development
studies and District Excellence Awards
Component (b) Infrastructure development comprising new projects (SVS & MVS) in
water supply, rehabilitation and augmentation of existing schemes that would include
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Chapter II
Procurement Policy, Plans and Strategy
2.1 Role of Procurement
The aim of procurement is to obtain right quality of works, goods and services at reasonable
and competitive prices, giving equal opportunities to all individuals, companies, firms,
manufacturers, contractors, who are capable of delivering the goods, works and services to the
laid down specifications, standards and provisions of bid documents. Procurement policy is
also to provide incentive and encouragement for development of national manufacturers,
contractors, firms, institutions and consultancy firms etc. The procurement policy is based on
the below noted principles:
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will arrange all the materials on his own as per the specifications stipulated in the bid
document
A) Institutional and implementation arrangements
GoAP has proposed an institutional arrangement for effectively implementing the Project.
The proposed institutional arrangement centers around PRIs taking on the key roles of service
delivery such as Gram Panchayat Water and Sanitation Committee (GP-WSC) at the village
level and Multi Village Scheme - Water Supply Committee (MVS-WSC) for common facilities
in MVS, both being sub-committees of PRIs. The community will play a significant role in
the asset creation process.
The State Water & Sanitation Mission (SWSM) and the District Water & Sanitation Missions
(DWSMs) will be similar in nature to existing SWSM/ DWSMs for Swajaldhara Program with
their role extended to the Project going forward. The overall structure at the state, district and
village levels are as follows:
At state level RWSSD, SWSM, PSU The Secretary, RWSSD will have the overall
responsibility for implementing the APRWSS Project. The SWSM will carry out
overall sector policy formulation, planning and review, including the setting-up of the
Sector Information System for periodic monitoring of the sector performance. The
secretariat of SWSM will be the State Project Support Unit (PSU) assisted by the
district units (D-PSUs) for implementing the World Bank Project in select districts. The
PSU will be headed by a Project Director of the rank of a Chief Engineer supported by
procurement cell comprising procurement consultant and department officials.
At district level ZP, DWSM, DWSC, D-PSU, RWSSD Division, MVS-WSC The
DWSM will be formed as a sub-committee of the ZP headed by the ZP Chairperson.
DWSM will be responsible for the overall district program and policies, development
of annual plan and budget and periodic review of targets and achievements. DWSC
headed by District Collector will be the executive arm of DWSM. DWSC will carry out
all district activities including planning, designing, procurement and implementation of
the schemes MVS, SVS, other works of the project and procurement of goods and
services and overseeing implementation of the Project, ensuring that the
decentralization and community participation agenda is implemented. The DWSC will
also carry out IEC and capacity building activities and management and monitoring of
all sub-projects. Similar to the state level, District PSU (D-PSU) will be the secretariat
to DWSC. D-PSU will be headed by the Program Director and staffed with officers
from various disciplines. Under the project DWSC will be provided engineering
support by RWSSD Division/private TSP for all the schemes to be implemented. The
MVS-WSC will be formed as a sub-committee of the ZP. It will consist of
representations from GPs covered. It will be responsible for approving all MVS
schemes and undertaking O&M of common facilities. It will also endorse and signoff all payments during the design and implementation stage.
At village level GP, GPWSC - The GP-WSC, a sub-committee of the GP, under the
Chairman, Gram Panchayat, will work with the DWSC for planning, designing and
implementing the SVS and the village sanitation program. It will also endorse and
sign-off all payments during the design and implementation stage.
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Procurement Plan shall include description of contracts for the goods, works and for services
required to carry out the project, consistent with project principles, the estimates after technical
and administrative approval and proposed methods for procurement over the total agreed
implementation period under loan/ credit agreement. The procurement shall be consistent with
budgetary allocations. The Procurement Plan shall be updated annually or as needed
throughout the duration of the project. The Procurement Plan is critical for:
o Ensuring satisfactory implementation of project;
o Ensuring speedy transfer of resources by way of disbursement;
o Achieving economy and efficiency; and
o Ensuring success of the project.
A sound procurement plan and public procurement is a vital arm for promoting good
governance and better fiscal management of the project.
2.4.2 Under Procurement Plan, works, goods and services to be procured are identified yearwise over the implementation period. Format for providing procurement plan for list of works
to be procured under the project, year-wise with estimated cost and method of procurement is
provided. The details shall be worked out in terms of number of habitations to be covered,
estimated cost thereof and availability of contractors meeting the criteria to undertake the
works, year-wise over the project period including procurement method best suited for the
items and shall be entered in format. Similarly, the details for procurement of goods,
equipment, vehicles, furniture etc. year-wise over the project period shall be entered in format.
.. The details of consultancy services to be hired in terms of estimation of man months,
estimated cost, method of selection of consultant, year-wise over the project period shall be
projected in format.
2.4.3 For procurement of works, goods, equipment etc. suitable package shall be framed
which shall be determined by below noted factors, namely
Time limits
Economies of scale
However the packages would not be split to resort to procurement under less competitive
method. The Estimates for Bid packages shall be entered as per format.
2.4.4 The Procurement Plan for the project shall be furnished to the Bank for its review and
approval. The Procurement Plan, method of procurement, categories of goods works and
consultancy services. to which they apply are specified in loan/ credit agreement which shall
govern the legal relationship between the Bank and Borrower (Govt. of Andhra Pradesh
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through Govt. of India) and shall be updated at least annually or earlier, if needed ,throughout
the project The procurement plan will set forth
i.
The particular contracts for the goods, works and/or services required to carry
out the project during the financial year.
ii.
The proposed methods for procurement of such contracts with their estimated
costs, procurement schedule in accordance with the procedures agreed in the
financing agreement, and
iii.
The related bank review procedures.
2.4.5 The Bank will disclose the initial 18 months Procurement Plan to the public after the
related loan / credit has been approved including subsequent disclosure of additional updates
after the Bank has approved them.
2.5
Procurement under APRWSS Project
The procurement under the Works in the program will be handled by PSU/DWSC as per
responsibility given to them as per agreed institutional arrangements.
2.5.1 Single village schemes
The DWSC will be responsible for planning, designing,Procurement and implementation of
SVS. In order to ensure community participation in all these phases, the GP-WSC will endorse
planning, designing and implementation of the scheme carried out by the DWSC. DWSC will
have option to take technical support from RWSSD or Private Technical Service Provider
(TSP) (in case there are capacity constraints in RWSSD). In either case, RWSSD or Private
TSP, will be accountable to the DWSC through service contract agreement.
Contract with private TSP will be funded by the Bank, however, payment of fees or charges, if
any, to the RWSSD shall not be funded by the Bank.
As per policy of GoAP and Panchayati Raj Act, 1994, O&M of water supply Schemes is the
responsibility of PRIs. O&M of SVS will be carried out by the GPs themselves through GPWSCs.
2.5.2 Multi village schemes
The DWSC will Procure and implement all MVS schemes through RWSSD. The DWSC will
set-up the Water and Sanitation Committees for the MVS (MVS-WSCs) comprising
Chairpersons of the participating GPs. MVS-WSC will sign-off of the design and all payments.
The O&M of the common facilities (bulk water supply) for all MVSs will be responsibility of
MVS-WSC. GP-WSC will be responsible for O&M of intra-village facilities of MVS. RWSSD
will prepare service management contract for O & M of common facilities of MVS.
The bidding documents and bid process for the MVS works shall be as per Bank guidelines
and as briefed in the manual. Each MVS will be contracted as a single contract on a single
responsibility. The contractor will arrange all materials on his own as per the specifications
stipulated in the bid document.
o Contractor shall be responsible for implementation of entire scheme as per bid
document and hand over the same to DWSC in fully operational condition and to the
entire satisfaction.
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Procurement review refers to auditing of files and documents relating to the procurement of
Goods, works and consultancy services. Procurement review is basically carried out to
ascertain whether the procurement procedures were correctly and completely followed, both in
letter and sprit. It brings out omissions/commissions and lapses, whether on account of poor or
inadequate understanding of the procedures or willful negligence including likely
fraud/corruption evidence during the review. The report and observation of procurement
review therefore, also serve as a guide for taking remedial measures to streamline and improve
the procurement system. The procurement review covers the following aspects:a
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Whether the method adopted for procurement was as per the threshold limits given in
the procurement manual?
Whether there was any avoidable delay at any stage/ stages of the procurement process?
Whether the necessary approval was taken from appropriate authority wherever
required?
Whether the technical and financial evaluation was done properly and
manner?
Whether the contracted firm, supplied the goods or executed the work as per the
quality, quantity and price agreed upon?
Whether the goods were supplied or works executed in time and properly recorded in
stock books/works registers after inspection?
Whether the payment was made to the supplier/ contractor in time? If not, reasons for
delay.
in
fair
Misprocurement
The Bank does not finance expenditures for goods, works and consultancy services, which
have not been procured/ contracted in accordance with the agreed provisions of the financing
agreement and as further elaborated in Procurement Plan agreed with the Bank. In such cases,
the Bank will declare misprocurement, and it is the policy of the Bank to cancel that portion of
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credit/ loan allocated to the goods, works, and consultancy services that have been
misprocured. The Bank may, in addition, exercise other remedies provided for under the
Financing Agreement. Even when the contract is awarded after obtaining no objection from
the Bank, the Bank may still declare misprocurement, if it concludes that the no objection
was issued on the basis of incomplete, inaccurate, or misleading information furnished by the
Borrower or the terms and conditions of the contract had been modified without Banks prior
approval.
2.10
It is the Banks policy to require that Borrowers (including beneficiaries of Bank loans), as
well as bidders, suppliers, and contractors and their subcontractors under Bank-financed
contracts, observe the highest standard of ethics during the procurement and execution of such
contracts.
In this context, any action taken by a bidder, supplier, contractor, or a subcontractor to influence the procurement process or contract execution for undue advantage is
improper. In pursuance of this policy, the Bank:
(a)
Defines, for the purposes of this provision, the terms set forth below as follows:
(i)
(ii)
fraudulent practice
a party refers to a public official; the terms
benefit and obligation relate to the procurement process or contract
execution; and the act or omission is intended to influence the procurement
process or contract execution. is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an obligation;
"obstructive practice" is
(aa) deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or threatening,
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will reject a proposal for award if it determines that the bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for the contract in question;
(c)
will cancel the portion of the loan allocated to a contract if it determines at any time
that representatives of the Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive, or coercive practices during the procurement or the
execution of that contract, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to address such practices when they
occur;
(d)
(e)
will have the right to require that a provision be included in bidding documents and
in contracts financed by a Bank loan, requiring bidders, suppliers, and contractors
and their sub-contractors to permit the Bank to inspect their accounts and records
and other documents relating to the bid submission and contract performance and to
have them audited by auditors appointed by the Bank.
A firm declared ineligible by the World Bank in accordance with sub para (d) above or in
accordance with World Bank Group anti corruption policies shall be ineligible to be awarded a
Bank financed contract during the period of time determined by the Bank.
2.11
Sl.
No.
1.
2.
Delegation of Authority
For implementation of project in a time-bound manner, the financial delegation of
various authorities shall be as under.
Particulars
Description
i) Single Village Schemes( SVS)
ii) Multi Village Schemes ( MVS)
iii) Schemes with innovation Technologies, rain water
harvesting, ground water recharge works, augmentation of
existing water supply schemes etc.
iv) Sanitation facilities- ISLs, Soak Pits, Solid and Liquid
management in major GPs.
v) Under Ground Drainage in Mandal Headquarters
Administrative
Approval
Technical
Sanction
Detailed
of
Approving
authority
DWSC
DWSC
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2.12
As
per
existing
powers at different
levels- CE/SE
The financial authority in terms of technical sanction and tender calling in the RWSS
department is as follows. The delegation of financial powers will be adhered to for all the
schemes carried out by the department:
S. No.
2
3
4
Contract
Award
Authority
CE
SE
EE
Upto 10 Lakhs
Upto 10 Lakhs
EE
DEE
UPto 2 Lakhs
Upto 2 Lakhs
DEE
*Existing powers of respective Officers to accept excess tenders will be applicable to project
works also.
2.13 Threshold Values
Procurement
Contract Value (Threshold)
Method
ICB (Goods)
=>$500000 per contract
NCB (Goods)
> $50000 but less than $500000
per contract
ICB (Work)
NCB (Work)
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to Post review by the
Bank
Shopping(Goods
& Works)
Direct
Contracting
(Goods)
Direct
Contracting
(Goods &Works)
Community
Contracting
Force Account
< $15000
Works that meet the
requirement of paragraph 3.8 of
the Guidelines may be
No Goods and Woks procurement under ICB method is envisaged under the project
Consultancy Services
Procurement of SO if any, will be carried out in accordance with the Bank guideline and
the procedures detailed in the Project Procurement manual.
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2. 14 Performance Indicator
The performance of the procurement carried out for the project will be assessed through the
following indicators
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Chapter-III
Process Description of Methods of Procurement of Goods and
Works
3.1
Procurement Process
The goods and works will be procured under project as per the Bank procurement guidelines.
The guidelines are mentioned in the booklet- Guidelines: Procurement under IBRD Loans and
IDA Credits (May 2004) Revised October 2006 for Works and Goods. Detailed instructions on
procedures to be followed along with the suggested formats for preparation of evaluation reports,
and other procurement documentation are given in the following document:
Standard Bidding Document ((SBD) for procurement of Civil Works and Goods
under NCB procedures in Bank financed projects;
SBD for Procurement of Civil Works and Goods under ICB procedures in Bank
financed projects.
As per the guidelines provided above, the procurement process shall comprise of following:a) Assessment of procurement requirements for works will be spelt out clearly in the procurement plan
in accordance with the Budget allocation agreed in the cost tables..
b) The strategy for procurement will be decided keeping the nature of works, economies of scale,
capacity of the contractor and time limit with other parameters.
c) The mode of procurement emanates from the strategy adopted and will on the basis of the
procurement threshold as accepted by the Bank for the project.
d) The similar process will be adopted for the procurement of goods and services at the state as well as
in the district level and will be in line with the procurement plan.
The following procurement process will be adopted once the strategy and the mode of procurement get
decided:
i.
ii.
iii.
iv.
v.
vi.
vii.
Finalization of Bidding Document and specifications by tender calling authority as per site
condition, specification, source of supply and designed detail.
For the SVS and MVS works the tenders will be invited by the DWSC. In all the cases a
minimum period of 30 Days from the date of publication of the notice will be allowed giving
the bidder a minimum period of 30 days for the submission of the bids. The notice shall also be
publicized in the notice board of the authority for calling tenders. Instead of following
procurement method of NCB , National Shopping can also be adopted for civil works,
provided the estimate cost is with in the threshold limit..
Tenders to be opened after the deadline of receipt of bid on the same day at an interval not
exceeding half an hour.
Comparative evaluation of bids by DWSC
Bids of lowest responsive bidder after evaluation to be put up to the DWSC/SE/CE/Engineerin-Chief/Tender Committee of the Department for acceptance as per delegation of powers.
Letter of acceptance issued to lowest successful bidder.
Agreement will incorporate all agreements between the Employer and Successful Bidder. It
will be signed by the Employer and kept ready for signatures of the Bidder in the office of the
Employer with in 28 days following notification of award and letter of acceptance. Within 21
days of receipt, successful bidder will sign the Agreement and deliver to Employer.
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MODE OF PROCUREMENT
EVALUATION OF BIDS
NOTIFICATION OF AWARD
SIGNING OF CONTRACT
3.2
The size and scope of individual packages under Procurement Plan shall be decided based on
the magnitude, nature and location of works; quantity/ number and nature of goods and
services, keeping in view that works and goods are to be procured economically and efficiently
consistent with the quality. Procurement schedule in the prescribed formats indicating details
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of each package shall be compiled and forwarded to the Bank for review and clearance before
initiating action. The first 18 month procurement plan has been prepared and sent to Bank. The
above formats should be used for preparing subsequent annual plan.
3.3
Methods of Procurement
The choice of appropriate method of procurement is related to the nature, size, complexity,
likely impact of the assignment, technical and financial considerations and particular
circumstances of the assigned job. It is necessary to define the assignment, the objectives and
scope of goods, works and services before deciding the selection process.
2.8.1 Method of procurement includes:
(a) Goods, works and services (other than consultancy services)
o
o
o
o
o
o
o
o
o
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o The bidding documents shall provide clear instructions on how bids should be
submitted, how prices should be offered, and the place and time of submission of bids.
Adequate response time for preparation and submission of bids shall be provided. The
procedures shall provide for adequate competitions in order to ensure reasonable prices,
and methods used in the evaluation of bids and the award of contracts shall be objective
and made known to all the bidders in bidding documents and not be applied arbitrarily
o The procedure shall also include public opening of bids, publication of results of
evaluation and of the award of contract and provision for bidders to protest.
o Within two weeks of receiving the Banks no objection to the recommendation of
contract award, the client shall publish in the PSU web site the results identifying the
bids and lot numbers and the following information:
(f)
name of each bidder who submitted a bid;
(g)
(h)
(i)
name of bidder whose bids were rejected and the reasons for their rejection; and
(j)
name of the winning bidder, and price it offered, as well as the duration and
Only the model bidding documents for NCB agreed with the GOI Task Force [and
as amended for time to time], shall be used for bidding;
ii)
Invitations to bid shall be advertised in at least one widely circulated national daily
newspaper, at least 30 days prior to the deadline for the submission of bids;
iii)
No special preference will be accorded to any bidder either for price or for other
terms and conditions when competing with foreign bidders, state-owned enterprises,
small-scale enterprises or enterprises from any given State;
iv)
Except with the prior concurrence of the Bank, there shall be no negotiation of price
with the bidders, even with the lowest evaluated bidder;
v)
Extension of bid validity shall not be allowed without the prior concurrence of the
Bank (i) for the first request for extension if it is longer than four weeks; and (ii)
for all subsequent requests for extension irrespective of the period (such
concurrence will be considered by Bank only in cases of Force Majure and
circumstances beyond the control of the Purchaser / Employer);
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vi)
Re-bidding shall not be carried out without the prior concurrence of the Bank. The system
of rejecting bids outside a pre-determined margin or bracket of prices shall not be used in
the project;
vii)
Rate contracts entered into by Directorate General of Supplies & Disposals, will not
be acceptable as a substitute for NCB procedures. Such contracts will be acceptable
however for any procurement under National Shopping procedures;
viii)
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3.3.3 Shopping
Packages of goods, equipments (including vehicles) and civil works estimated to cost less than
US$ 50,000 equivalent per contract would be procured following Shopping procedures in
accordance with provisions of para 3.5 of the procurement guidelines. State Government rate
contracts, or direct procurement through Super Bazar / Janatha Bazar are not acceptable as a
suitable alternative to Shopping. The rate list of these can however be considered as one of the
quotations under the Shopping procedure. DGS&D rate contracts are acceptable for any
procurement under the Shopping procedures.
All Implementing agencies will follow Shopping method wherever specified, based on
comparing price quotations obtained from at least three suppliers or contractors, to ensure
competitive prices. The shopping is simple and rapid procurement method and does not need
complex documentation. This method will be followed for procurement of Goods and Works
specified in the procurement plan and is accepted generally for procuring small amounts of
readily available off-the-shelf goods or standard specification items or simple civil works of
small value.
Steps to be followed
1 Issue request for quotation.
2 Evaluate atleast three quotations by preparing comparative statement
3 Select the lowest responsive offer
4 Issue purchase order
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Inviting Quotations
Give description, specifications, quantity and time & place of delivery.
(Enclosure XIV).
Say that the contract shall be for the full quantity of each item.
All duties, taxes and other levies payable on the raw materials and components
shall be included in the total price.
Sales tax in connection with the sale shall be shown separately.
The rates quoted by the bidder shall be fixed for the duration of the contract and
shall not be subject to adjustment on any account.
The Prices shall be quoted in Indian Rupees only.
Each bidder shall submit only one quotation.
Quotations could also be obtained by telex or facsimile.
Quotation shall remain valid for a period not less than 10 days after the deadline
date specified for submission.
The terms of the accepted offer shall be incorporated in a purchase order or
brief contract
The evaluation of quotations shall follow the same principles as of open
bidding. If quotations are called for more than one item, it shall also be
indicated whether the evaluation would be item wise or as a package.
The terms of accepted offer shall be incorporated in a purchase order or brief
contract.
Evaluation of Quotations
Award of contract
The Purchaser will award the contract to the bidder whose quotation has been
determined to be substantially responsive and who has offered the lowest
evaluated quotation price.
Purchase order should include:
Description, specification and quantity along with price.
Delivery period.
Terms of delivery like free on rail (f.o.r.) station of dispatch or free delivery
to the consignee.
Payment terms
Prior approval of competent authority shall be arranged for items to be purchased or works to
be undertaken with brief description, specification and estimated costs and agencies from
whom quotations shall be invited.
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ii.
iii.
iv.
v.
After the contract is signed the PSU shall publish in UNDB online and in dg market the name
of the contractor, price duration and summary scope of the contract. This publication may be
done quarterly and in the format of summarized table covering the previous period
3.3.5 Force Account:
DWSC will resort to this method in case of works carried out by employees of RWSSD, using
own materials and equipment as a last resort and with the prior approval of the Bank. This
method will be preferred when:
i.
ii.
iii.
iv.
v.
3.3.6 e-Procurement
E-procurement can be resorted to under the project only after getting the World Banks clearance for
this procedure.
3.4
Bidding Document
3.4.1 Bidding documents shall have to be prepared on the basis of the standard Bidding
Documents cleared with the Bank for the Project. Deviation shall not be made without prior
clearance from the Bank.
3.4.2 Bidding document shall include invitation of Bids (Enclosure III); Instructions to the
Bidders; Form of Bid; Basis of bid evaluation and contract award; Form of Contract;
Conditions of Contract, both general and special; Specifications and Drawings; List of Goods
or Bill of Quantities; Delivery time or schedule of completion; Price Schedule; Bid Security
Forms; contract Form; Performance Security Form and Advance Payment Security Form etc.,
Bidding document should specify the relevant factors in addition to price to be considered in
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the bid evaluation and the manner in which they will be applied for the purpose of determining
the lowest evaluated bid.
3.4.3 Bidding documents in the case of goods shall specify what inspection and tests the
purchaser requires, where and who will conduct the tests. The purchasers should notify the
suppliers in writing the identity of inspection agency retained alongwith the supply order. A
draft model clause for inspection and testing of samples/ items to be included in the contract..
3.4.4 Where Package and Slice procedure is followed, the clauses of submission and
evaluation of bids should be modified suitably and modifications got cleared with the Bank.
3.4.5 The following formats of Bidding Documents of World Bank shall be used for the
implementation of the project :
Contracts for works following ICB
procedures
SBD
SBD
W9
W5
W1(Draft Bid
document for
the project To
be cleared with
Bank )
W2(Draft Bid
document for
the project to
be cleared with
Bank)
E5
E1
3.4.6 The below noted aspects shall be complied with while inviting the bids and their
evaluation:
i. No special preference will be given to any bidder either for price or for any other terms and
conditions when competing with state owned enterprises, small scale enterprises etc.
ii. Except with prior concurrence of World Bank there will be no negotiations of price with
the bidders even with the lowest evaluated bidder.
iii. Extension of bid validity will not be allowed without prior concurrence of World Bank
a. For the request for extension of it is longer than 4 weeks and
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viii. Liquidated damages : Liquidated damages @ 0.10% (percent) per day (for goods) and
0.05 % (percent) per day (for works) of the value of goods / works for which the delay in
supply of goods/ completion of works was incurred subject to a maximum of 10 (ten)
percent of final contract price.
ix. Liability on Termination: In the event of termination because of fundamental breach of
contract by contractor, the provision for additional cost for completion of works shall be
20% (percent) of unexecuted works to be adjusted from the final payment of the contractor.
3.5
3.5.1 Bidding documents should be made available for sale till a day prior to the last date of
receipt of bids, to all those who intend to participate in the bidding. A period of minimum 30
days shall be ensured from date of sale of bidding documents and receipt of bids.
3.5.2 Bidders shall be permitted to deposit their bids on any day during the bidding period
either by post or in person. Bids shall be received only at one place (i.e. by the authority
inviting the Bids) and shall be kept in safe custody till the stipulated time of opening.
3.5.3 Last date of receipt of bids and opening of Bids shall be the next day, following the
close of sale of Bidding Documents. If the day happens to be a holiday, the last date of receipt
and opening of bids shall be the next working day. The bids will be opened at scheduled time
of closure of receipt of bids. All bids received shall be opened in presence of bidders
representatives who choose to attend and shall sign a register evidencing their attendance.
3.5.4 Envelopes marked WITHDRAWAL shall be opened first, and the name of the bidder
shall be read out. Bids for which acceptable notice of withdrawal has been submitted shall not
be opened. Subsequently all envelopes marked MODIFICATION shall be opened and
submission therein read out in appropriate detail. The bidders names, bid prices including any
alternative Bid Price or deviations, discounts, bid modification and withdrawals and the
presence or absence of bid security and such other details as considered appropriate shall be
announced during opening of bids in the meeting. All cuttings and /over writings observed in
the Bid Form and Price schedules shall be authenticated by the members of Bid Opening
Committee by encircling and initialing the cuttings/ over writings. The minutes of the bid
opening should be prepared in the specified format. No bid shall be rejected at bid opening,
except for late bids, which shall be returned unopened to the bidder.
3.5.5 Bids and modifications that are not opened and read out at bid opening shall not be
considered further for evaluation, irrespective of the circumstances.
3.6
Pre-bid Conference
3.6.1 Pre bid conference should be provided where necessary and should be convened early
in the bidding process (midway), but should allow sufficient time for bidders to study the
bidding documents and prepare queries/ clarifications.
3.6.2 The meeting should be scheduled at about midpoint of bidding time. The purpose of
meeting will be to clarify issues and bidders queries/questions on any matter that may be
raised at this stage.. Minimum post qualification criteria to be met, important provisions of the
bidding document, schedule of requirements, special conditions of contract and special features
of the specifications shall be explained to the prospective bidders.
3.6.3 Minutes of meeting indicating the responses given in the meeting (including an
explanation of query but without identifying the source of inquiry) shall be furnished
expeditiously to all those attending the meeting and subsequently to all the purchases of
bidding documents, after getting the same cleared with the Bank.
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3.6.4 Any modification of the bidding documents which may become necessary as a result of
the prebid meeting shall be made exclusively through issuance of corrigendum (after getting
the same cleared with the Bank) and not through the minutes of the prebid meeting.
3.7
Price Adjustment
3.7.1 Bidding documents shall state either (i) bid price will be fixed; or (ii) that price
adjustment will be made to reflect any charges (upwards or downwards) in major cost
components of the contract such as materials, labour, POL(fuel & lubricants), plant and
machinery spares.
3.7.2 Bid adjustment clause shall be provided when the estimated value of work exceeds Rs.
100 lakhs and period of completion of works or supply of goods is more than 18 months. The
total percentage of materials, labour, POL (fuel & lubricants), plant and machinery spares
components should be equal to 100, in the formula.
3.7.3 When the total estimated value of contract does not exceed Rs. 100 lakhs and stipulated
period of completion of works or supply of goods is less than 18 months, prices quoted by the
bidder shall be fixed during the bidders performance of the contract and not subject to
variation on any account. In such cases, a bid submitted with an adjustable price quotation will
be treated as non responsive and rejected.
3.7.4 The contract price shall be adjusted for increase or decrease in the rates and price of
labour, materials, fuels and lubricants in accordance with following principles and procedures
and as per formula given in the bid document.
(a)
The price adjustment shall apply for the works done from the start date
given in the contract data upto the end of initial intended completion date or
extension granted by the Engineer and shall not apply to the work carried out
beyond the stipulated time for reasons attributable to the contractor.
(b)
The price adjustment shall be determined during each quarter from the
formula.
(c)
Following expression of meanings are assigned to the work done during
each quarter.
R=
Total value of work done during the quarter. It would include the
amount of secured advance for materials paid for (if any) during the quarter,
less the amount of the secured advance recovered, during the quarter. It shall
exclude value of works executed under variation for which price adjustment
shall be worked separately based on the terms mutually agreed.
3.7.5 To the extent that full compensation for any rise or fall in costs to the contractor is not
covered by the provision of formula or other clauses of the contract, the unit rates and prices
included in the contract shall be deemed to include amounts to cover the contingency of such
other rise or fall in costs.
3.8
Evaluation of Bids
3.8.1 Before proceeding for evaluation, it shall be ascertained whether the bids:
(i)
(ii)
(iii)
(iv)
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(vi) provides any clarification and or substantiation that the Employer is required to
determine the responsiveness; and
(vii) are otherwise generally in order.
If a bid is not substantially responsive, that is, it contains material deviation from or reservation
to the terms, conditions and specifications in the bidding documents, it should not be
considered further. The bidder must not be permitted to correct or withdraw material deviations
or reservations once bids have been opened.
3.8.2 The Employer may waive any minor informality or unconformity or irregularity in a
bid which does not constitute a material deviation, provided such waiver does not prejudice or
affect the relative ranking of any bidder. In those cases for the purposes of evaluation,
adjustments should be made for the costs to the Employer of any quantifiable non-material
deviation or reservations.
3.8.3 A substantially responsive bid is one which conforms to all the terms and conditions of
bidding document without material deviations. The determination of a bids responsiveness is
to be based on the contents of the bid itself without recourse to extrinsic evidence.
A substantially responsive bid for works refers to :
A substantially responsive bid is one which conforms to all the terms, conditions and
specifications of the bidding documents, without material deviation or reservation. A
material deviation or reservation is one (i) which affects in any substantial way the
scope, quality or performance of the works; (ii) which limits in any substantial way,
inconsistent with the bidding documents, the Employers rights or the bidders
obligations under the contract; or (iii) whose rectification would affect unfairly the
competitive position of other bidders presenting substantially responsive bids.
A substantially responsive bid for goods shall refer to:
Deviations from or objections or reservations to critical provision such as those
concerning performance security (GCC Clause 7), warranty (GCC Clause 15), Force
majeure (GCC Clause 25), Limitation of liability (GCC Clause 29), Applicable laws
(GCC Clause 30), and taxes and duties (GCC Clause 32) will deemed to be a material
deviation.
(The above clauses refers to Standards Bidding Documents of the World Bank )
3.8.4 No bidder should be requested or permitted to alter his bid after the bid has been
opened. In order to evaluate his bid, if any, clarification is required, the same can be called.
The request for clarification and the response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.
3.8.5 No preferential treatment should be given to any bidder or class of bidders either for
price or for condition unless specifically cleared with the Bank and stipulated in the Project
Agreement. Any procedure under which bids above or below a predetermined assessment of
bid values are automatically disqualified, is not applicable. Bidder should not be required as
condition of award who undertakes responsibility of work not stipulated in specification or
otherwise to modify his bid.
3.8.6 The evaluation will exclude and not take into account any allowance for price
adjustment during the period of execution of the contract.
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Rejection of Bids
3.9.1 Regardless of value, if all bids are proposed to be rejected and bids are to be re-invited,
the Bank shall be consulted before such action. (Enclosure -2)
3.9.2 (a)
In case of civil works, the system of rejecting bids outside a pre-determined
margin or bracket of prices shall not be used.
(b) In the case of receipt of unreasonably high prices, the bidders shall be requested to
furnish breakdown of unit rates providing justification for higher bid prices. If the
justification, after review, is determined rational, contract should be awarded to the lowest
evaluated responsive bidder. If not, these bidders shall be declared as ineligible from
bidding in the re-bid for that contract.
3.9.3 The borrower shall investigate and review causes justifying rejection of bids and
communicate to Bank. After Banks prior approval to reject all bids and before initiating action
for reinitiation of bids, fresh bids shall not be invited on the same bidding and contract
document.
3.10
Single Bids
Where only one bid is received, efforts should be made to ascertain the reasons. If it is
determined that publicity was not adequate, bid specification or any of the terms were
restrictive or unclear, the bid shall be cancelled and invited afresh after amending the
specifications/ terms.
If however, it is determined that bid specifications are not restrictive and prices quoted are
reasonable and bid is technically and commercially responsive, the single bid shall be
considered for award.
3.11
3.11.1 In the case of civil works, if the bid of the successful bidder is seriously unbalanced in
relation to DSR/ cost of work as assessed, Performance Security should be increased to a level
sufficient to protect the Employer against financial loss in the event of subsequent default of
the successful bidder under the contract.
3.11.2 If the contract is being let on a Slice and Package basis, the lowest evaluated bid price
(the combined cost of all the lots) will be determined in conjunction with other contracts to be
awarded concurrently taking into account any discounts offered by the bidders for the award of
more than one contract
3.11.3. If extension of bid validity is required, it should be sought from all bidders before
stipulated expiration date (for valid bids only) and not from the lowest alone and the Bank
notified accordingly. The extension shall be for the minimum period required to complete the
evaluation. In the case of fixed priced contracts, if the award is delayed beyond initial validity
period of the initial bid validity, the contract price will be adjusted by a factor (as also
stipulated in the bid documents) specified in the request for extension. Banks prior
concurrence is required if the extension is larger than 4 weeks beyond the original validity
period.
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3.12.1 The Contractor may subcontract with the approval of the Engineer but may not assign
the Contract without the approval of the Employer in writing. Subcontracting does not alter the
Contractor's obligations.
3.12.2 All bidders are required to indicate clearly in the bids, if they propose sub contracting
elements of works amounting to more than 20 (twenty) percent of the Bid Price. For each such
proposal the qualification and experience of the identified sub contractor in relevant field
shall be furnished along with the bid to enable the Employer to satisfy himself about their
qualification before agreeing for such sub contracting and inclusion in the contract.
3.12.3 The contractor shall not be required to obtain any consent of the Employer in respect of
following in the event of having furnished information under Para 3.17.1 above:
o The sub contracting any part of works for which the Sub Contractor is named in the
contract;
o The provision of labour; and
o The purchase of materials which are made in accordance with the standards specified in
the contract.
3.12.4 Other Contractors
The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of Other Contractors. The
Contractor shall as referred to in the Contract Data, also provide facilities and services for them
as described in the Schedule. The employer may modify the schedule of other contractors and
shall notify the contractor of any such modification.
3.13
Award of Contract
3.13.1 Contract shall be awarded to a bidder, whose bid has been determined to be
substantially responsive and who has offered the lowest evaluated price provided further that
the bidder is determined to be qualified to perform the contract satisfactorily and meets the
qualification criteria specified in bidding document.
3.13.2 If the lowest evaluated bidder (in the same name and style) does not meet the
qualification criteria, his bid should be rejected and a similar determination should be made for
the next lowest evaluated bidder, the process continued, if necessary.
3.13.3 Where considered necessary verifying the information independently be undertaken
before considering rejection of lowest offers for non-submission of some information.
3.13.4 To qualify for a package of contracts made of other contracts for which bids are invited,
the bidder must demonstrate having experience and resources sufficient to meet the aggregate
of the qualifying criteria for the individual contracts.
3.14
Resolution of Disputes
3.14.1 There can be a number of possible causes of dispute during the execution of contract
and may involve:
i
ii
iii
Procurement Manual
iv
vi
vii
As far as possible, dispute may be resolved with mutual agreement between the Employer and
contractor to avoid going through arbitration and litigation stages.
3.15
3.16
Adjudicator
In case of contracts above value of Rs.50.00 lakhs, the provision of an Adjudicator shall be
included.
Draft letter of appointment of Adjudicator for civil work contracts is appended at Enclosure 11.
The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a
dispute.
The Adjudicator shall be paid daily at the rate specified in the Contract Data which should not
be less than Rs. 3000/ per day together with reimbursable expenses of the types specified in the
Contract Data and the cost shall be divided equally between the Employer and the Contractor,
whatever decision is reached by the Adjudicator. Either party may refer a decision of the
Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither
party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will
be final and binding.
3.17 Arbitration
The arbitration shall be conducted in accordance with the arbitration procedure stated in the
Special Conditions of Contract.
3.18 Extension of Contract
Normally contract once awarded should not be extended. Under exceptional circumstances,
extension of existing contracts up to 15 percent of the original contract value may be
considered; it is justifiable on grounds, subject to approval of the competent authority as per
delegation of powers and with the prior approval of the Bank.
3.19 Bill of Quantity
3.19.1 Bill of quantities format shall include description of items (with brief specification and
reference to Book of Specification where applicable), quantity, unit, rate (both in figures and
words) and amount.
3.19.2 Unit rates and prices shall be quoted by the Bidder in Indian Rupees. Amount shall be
worked out for the specified quantity at quoted unit rate and price.
Where there is a discrepancy between the rates in figures and words, the rates in words will
govern. Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by quantity, the unit rate quoted shall govern.
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3.19.3 Item for which no rate or price has been entered into by the Bidder will not be paid for
by the Employer when executed and shall be deemed covered by the other rates and prices in
the bill of quantities.
3.19.4 Bidders may quote speculative/ non-competitive prices for items with zero quantity in
BOQ as this will not affect the bid evaluation. Hence no item with nil quantity shall be entered
in the BOQ.
3.20 Complaint Redressal Mechanism
In order to deal with the complaints from the contractors / suppliers and public effectively, a
complaint handling mechanism shall be set up at the State level as well as at district level, and
immediate action shall be initiated on receipt of complaints to redress the grievances. All
complaints shall be handled at a level higher than that of the level at which the procurement
process is being undertaken and the allegation made in the complaints should be thoroughly
enquired into, and if find correct, appropriate remedial measures shall be taken by the
appropriate authorities. A register of the complaint redressal shall be prepared at each level and
shall contain the following information
S.No of the complaints
Date on which the complaint was made
Particular of the person making the complaint
Nature of the complaint
Complaint against whom if against a person
Detail of action taken and subsequent follow ups specifying on which date the action
was taken
o Whether the complaint has been satisfied if not why.
o Action taken against the guilty
o General remarks
Subsequently an on line data base will be created which will be regularly updated and which
would be capable of creating on line reports for the purpose of the monitoring. SWSM will
announce on its web site about having in place a complaint redressal mechanism
o
o
o
o
o
o
In case any individual officer/staff is found responsible, suitable disciplinary proceedings shall
be initiated against such officer/staff .This register shall also be subject to concurrent audit by
the chartered accountants engaged as concurrent auditors.
3.21 Consultation With and Information to the Bank
3.21.1 For all agreements requiring prior review as well as for those which would increase the
value of contract to the prior review threshold and above, before agreeing to any material
modification or waiving of the terms and conditions, or granting a material extensions of the
stipulated time for performance of such contract, or issuing any change order under a contract,
which would in aggregate increase the original amount of work by more than 15% of the
contract price, Banks clearance shall have to be obtained. Format for seeking Banks clearance
is Enclosure -9.
3.21.2 Copies of agreements for the Post Review Contracts (disbursement claimed on SOEs)
are not to be forwarded to the Bank. However, the information shall be compiled at the
Divisional level in form 1-A (Enclosure -7 & 8) by Executive Engineers for the Divisions
under their jurisdiction and sent to the Bank through the PSU when so required by the Bank.
These may also be reviewed selectively by visiting Banks Supervision Mission or other wise
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3.21.3 Information on the value of works executed on Force Account shall be complied at the
Divisional level by Executive Engineers for the Divisions under their jurisdiction and sent to
Bank through PSU.
3.21.4 Information on the value of procurement made under shopping procedure shall be
complied at Division level by Executive Engineers for the Divisions under their jurisdiction
and sent to the Bank through PSU.
3.21.5 Where the disclosure is to be made on UNDB and dg market, the required information
may be sent by program director to the bank for publishing in the UNDB and dg market.
3.21.6 The information about the bidding opportunities, successful bidder and bid price of all
contracts will be disclosed in the website. In addition all the single source and direct
contracting information will also be disclosed. All the procurement carried out the community
will be made accessible to every body through social audit.
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Chapter- IV
Selection of Consultancy Services
4.1 General
The expression consulting services defines services of an intellectual and advisory nature
provided by the Consultants using their professional skills to study, design and organize
specific projects, advice clients, conduct training and transfer knowledge. Consultants are
engaged for the following reasons:
(i) Consultant offer more efficient allocation of resources by providing specialized
services for limited amounts of time without any obligation of permanent employment on
the part of Client.
(ii) Consultant, engaged for their superior knowledge, transfer skills and upgrade the
knowledge base of their clients while executing the assignment. Knowledge transfer from
Consultants to Client forms an important part of the assignment.
(iii) Consultants can offer independent advice to their client on the most suitable
approaches, methodologies, and solution for their projects.
Consultant services in Bank funded projects should satisfy the following requirements :
Implementation Services
Advisory services
o Sector studies
o Procurement assistance
o Master plans
o Construction supervision
o Re-organization
o Feasibility studies
o Project management
o Institutional building
o Design studies
o Quality management
o Training/ Knowledge
transfer
o Commissioning
o Management Advice
o Technical / Operating
Advice
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The choice of the appropriate method of selection is related to the nature, size, complexity,
likely impact of the assignment, technical and financial considerations, and particular
circumstances. It is therefore necessary to carefully define the assignment, particularly the
objectives and scope of the services, before deciding on the selection method.
4.2.2 Quality and Cost Based Selection (QCBS)
(I) Quality and Cost Based Selection (QCBS) is the method based on the quality of the
proposals and cost of services to be provided. This method is appropriate when:
o the scope of work assignment is precisely defined and the TOR are well specified and
clear; and
o an estimate with reasonable precision for the staff time as well as the other inputs and
cost required of the Consultants can be assessed.
(II) The QCBS is appropriate for assignments such as:
o Feasibility studies and designs;
o Preparation of bidding documents and detailed designs;
o Supervision of construction of works and installation of equipment;
o Technical assistance services and institutional development of Client agencies; and
o Procurement and inspection services.
(III) Under QCBS the technical and financial proposals are submitted simultaneously in
separate sealed envelopes (two-envelope systems). Evaluation of proposals is carried out in
two stages: (1) quality; and (2) cost. The technical envelopes are opened by a Committee of
officials of Client immediately after closing time for submission of proposal; the financial
proposals remain sealed and shall be deposited with senior officer until the technical evaluation
and the evaluation report are completed and approved by the Bank and technical scores are
disclosed publicly.
The financial envelopes of those consultants who submitted responsive technical proposals
meeting the minimum qualifying mark are opened in the presence of the Consultants or their
representatives. The combined evaluation is carried out by weighing and adding the quality and
the cost scores, and the Consultant having the highest comprised score is invited for
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negotiations. Since price is a factor of selection, staff rates and other unit rates shall not be
negotiated.
(IV) QCBS permits the Client to select a preferred trade-off between cost and quality and the
benefit from prices competition, even if only to a limited extent. Transparency is increased
under QCBS with public opening of the financial proposals. The contract negotiations will be
easier because of the limited scope of financial negotiations.
4.2.3. Quality Based Selection (QBS)
(I) Quality Based Selection (QBS) is based on an evaluation of the quality of the proposals and
the subsequent negotiation of the financial proposal and contract with the consultant who
submitted the highest ranked technical proposal. QBS is appropriate if:
o the downstream impact of the assignment is so large that the quality of services
becomes of overriding importance for the outcome of the project;
o the scope of work of the assignment and TOR are difficult to define and there is need to
select among innovative solutions;
o the assignment can be carried out in substantially different ways such that cost proposal
may not easily be comparable; and
o the introduction of cost as a factor of selection renders competition unfair.
(II) QBS should be adopted for assignment such as:
o Complex country sector and multi disciplinary investment studies.
o Strategic studies in new fields of policy and reforms
o Master plans, complex pre-feasibility and feasibility studies and design of complex
projects.
o Assignments in which traditional consultants, non government organization (NGO) and
/or U.N. agencies compete
(III) Under QBS the Client may request submission of technical proposals only. After
receiving the Banks no objection for the technical evaluation report, the Consultant with
highest technical proposal is invited to present its financial proposal. However, the Client may
wish the financial proposals to be submitted at the same time as the technical proposals but in
separate envelope (two-envelope system). In that case, financial proposals should be kept
safely until the Banks no-objection to the technical evaluation is received. Only the financial
proposal of winning consultant is opened; the others returned un-opened after negotiations with
the winning firm are successfully concluded.
(IV) The staff effort indicated by the consultant may differ considerably from the Clients
estimate depending on the particular methodology adopted by the consultant,since TOR of
assignments under QBS are generally less defined and relatively more complex than QCBS.
Contract negotiations with the winning consultant may be lengthy and complicated.
4.2.4 Least Cost Selection (LCS)
(I) Under Least Cost Selection (LCS) a minimum qualifying mark for quality is established and
indicated in the RFP, short-listed consultants have to submit their proposals in two envelopes.
The technical proposals are opened first and evaluated. Proposals scoring less than minimum
qualifying marks are rejected, and the financial envelopes of the rest are opened in public. The
consultant with the lowest evaluated price is selected.
(II) The LCS method is more appropriate for small assignments of a standard or routine nature
where well established practices and standards exist from which a specific and well defined
outcome is expected, which can be executed at different costs, eg.
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c) From time to time, permanent staff or associates of a consulting firm may be available as
individual consultants. In such cases, the conflict of interest provisions described in the Banks
guidelines shall apply to the parent firm.
d) Individual consultants may be selected on a sole source basis with due justification in
exception cases such as:
Tasks that are a continuation of previous work that the consultant has carried out and
for which the consultant was selected competitively;
Assignments with total expected duration of less than six months;
Emergency situations resulting from natural disasters; and
When the individual is the only consultant qualified for the assignment.
e) For hiring of consultant job description, qualification and experience required and terms of
engagement should be finalized. The consultants for the assignments must be called through
advertisement in the newspaper. Individual should meet all relevant qualifications and should
be fully capable of carrying out the assignment. The qualified individuals will be called for
interview/ discussions prior to offering the assignment. Based on the above, a list of candidates
shall be prepared for each assignment separately and the top listed candidate shall be offered
the job.
4.3 Procurement of Support Organizations
NGO/SHGs
The Support Organizations (SOs) shall be selected as per the specified Bank procurement
procedures by DWSCs. These NGOs / SHGs would be responsible for carrying out
community mobilization and capacity building activities. The SOs would closely interact with
the Gram Panchayats/ GPWSCs, Mandal Parishads and Zilla Parishads for executingi their
responsibilities. They would also obtain guidance from the Social and Community specialists
working at the DPSUs at the district levels.
4.3.1Non-governmental organization (NGOs) and SHGs may be included in the consultant
shortlist if they express interest provided the Client and Bank find their qualifications
satisfactory. Short lists for assignments that emphasize experience in community participation
and in depth local knowledge may entirely comprise NGOs/SHGs and QCBS should be
followed.
4.3.2 Short listing of NGOs / SHGs shall be based on below noted criteria:
Regulating requirement
o Should be legal entity validly registered under Societies Registration Act of the Govt.
Registration must have been made atleast 3 years prior to date of enlistment for each
batch
o Should be validly registered to work in the particular geographical locality
o Article of Association or Bye laws permit, operation in the project sector
o A secular organization with no affiliation to any political setup.
o Should not have been black listed by the Central Social and Welfare Board (CSWB) or
Council for the Advancement of Peoples Action & Rural Technology (CAPART) or by
Central or any State Govt. in India.
o An independent Governing Body with no government representation
o Free from litigation
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o A good record of Book keeping as evident by the audited statements of accounts for
atleast last three years.
Community Sensitivity
o Should have prior experience of community development activity and mobilization.
o Should have sufficient understanding of local problems and are sensitive to issues
concerning women and weaker sections of Society.
o Should have keen understanding and should be sensitive to works related to
environment.
o Should have excellent communication skills.
o A successful proven record of inter mediation services-Mobilizing rural communities
for group action, working with women, landless ,schedule caste, schedule tribes or
other less endowed sections of the society and engagement in rural water supply and
sanitation is desirable.
Financial Capacity
o Should have required financial strength (last three years turn over and audited balance
sheet should be examined).
o Sources of income should be either own funds or fee related to specific activities or
services.
o Should have facility to maintain separate records and accounting of funds allotted for
the assignment.
RFP should be issued to short listed NGOs / SHGs and their bids are obtained for the
concerned services. Technical and Financial Proposals are evaluated and contract agreement
signed after following the same procedure as for other consultants. Where large areas are
involved for conducting IEC and community mobilization, the requirement of number of
NGOs / SHGs may fall short of their availability. In such cases single Source Selection (SSS)
method may be used with prior approval of the Bank.
4.4 Steps for Hiring of Consultants
4.4.1 The steps involved in the selection of a Consultant for any consultancy services refer to:
o Preparation of Terms of References (TOR)
o Preparation of cost Estimate and Budget of the assignment
o Advertising for wide publicity for seeking expression of interest (EOI),
see Enclosure -13
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Procurement Manual
The information requested shall be the minimum required to make a judgment of firms
suitability and not be so complex as to discourage consultants from expressing interest. Not
less than 14 days from date of posting on UNDB online shall be provided for responses, before
preparation of the shortlist.
4.4.5 Short Listing
PSU/DWSCs are responsible for preparation of the short list and give first consideration to
those firms expressing interest which possess the relevant qualification.
The short list shall comprise of six firms with a wide geographic spread, with not more than
two firms from any one country and alteast one firm from a developing country, unless
qualified firms from developing countries are not identifiable. The short list can comprise of
entirely national consultants, if the value of assignment is less than US $ 5,00,000 however, if
foreign firms have expressed interest, they shall not be excluded from consideration. The Bank
may agree to shortlists comprising smaller number of firms in special circumstances, for
example, when only a few qualified firms have expressed interest for the specific assignment
or when the size of the contract does not justify wider competition.
4.4.6 Government owned enterprises in India may participate only if they can establish that
they:
o are legally and financially autonomous; and
o operate under commercial law
o are not dependant agencies of the borrower or sub-borrower.
4.5 Scope of Work
4.5.1In a TOR, scope of work of the assignment is usually defined by addressing the following
issues:
o definition, scope, limits, and criteria of acceptance of assignment;
o desired level of detail (level of design, accuracy, composition of cost estimate etc.)
o span of projections (time horizon, life span of project components, and so forth);
o necessary comparison of the assignment with similar projects;
o main issues to be addressed;
o alternatives to be considered;
o necessary surveys, special analysis, and models;
o special equipment requirement;
o institutional and legal framework of the project;
o transfer of knowledge, objectives and scope;
o language requirement;
o need of continuity, such as data gathering, and
o quality management requirements.
4.5.2 Phased assignments are likely to require that the scope of work be modified depending on
intermediate results. For instance, the scope of work for a feasibility study originally covering
a number of alternatives will be reduced if, during execution of the assignment, some
alternatives prove more viable. Similarly, the scope of work can be expanded if more accurate
studies than initially anticipated become necessary. In such cases, the TOR should clearly
indicate the circumstances under which a decision will be made by the Client to modify the
scope of work.
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0 to 10
20 to 50
30 to 60
Total
Not to exceed 10
100
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4.7.3 The criteria on qualifications and competence of key staff is divided into following sub
criteria:
o general qualification;
o adequacy for the assignment; and
o experience of region.
The evaluation is carried out using the pre-qualification and experience shown in their
curriculum vitae (CV). The points allotted to the criterion are distributed among the above sub
criteria as per percentage given in Table below :
Table : Range of percentage in Point Distribution of Key Staff Qualification and
Competence Sub Criteria
Sub-criteria
Range of Percentage
General Qualifications
20-30
50-60
10-20
Total
100
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cost, and when considerations of quality are of primary importance, QBS is preferable to
QCBS.
If cost is a factor of selection, a minimum technical qualifying mark may be provided in RFP
to minimize the risk of accepting low-quality proposals at a very low cost. A qualifying mark
in the range of 70 to 80 percent is typical. Any technical proposal with a score below this
threshold is rejected, and the financial envelope is returned unopened. Setting the threshold too
high increases the risk of rejection of a majority of proposals.
4.7.6 Table below summarizes the five evaluation criteria provided in the Standard Request for
Proposals and gives examples of sub-criteria that could be adopted by the Client when
preparing the RFP.
Table: Evaluation Criteria and Sample Sub-criteria
Evaluation criteria (as defined in the
Consultant Guidelines)
- Technical
approach
and
methodology
- Work plan
- Organization and staffing
Note: The number of sub criteria may be
increased depending on the characteristic
of the assignment
- General qualifications
- Adequacy for the assignment
- Experience in the region and
language
Note : These three sub criteria are defined
by the RFP and cannot be changed.
- Relevance of program
- Training approach and
methodology
- Qualifications of training
specialists
No sub criteria but only the method to
apply this specified
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notification date, to allow enough time for consultants to make arrangements to attend the
opening.
4.7.8 Evaluation of Financial Proposals: On the date and time set for opening the financial
proposal, the Evaluation Committee verifies that the financial proposals have remained sealed
and then open them. The name of consultants, the qualifying scores, and proposed prices are
read aloud and recorded as each financial proposal is opened. No modification to financial
proposal is permitted. The Client prepares the minutes of the public opening, which should be
attached to the Financial Evaluation Report.
The Evaluation Committee should first review the financial proposals for arithmetical errors
and consistency between financial and technical proposals. Arithmetical errors should be
corrected, omitted items evaluated, and corresponding adjustments made to the offered prices
to obtain final evaluated prices. For purposes of comparing proposals, evaluated prices should
be converted to Indian Rupees using exchange rate on date indicated in RFP.
4.7.9 Combined Evaluation and Final Score: If QCBS is the method of selection, the
Evaluation Committee weighs and combines the scores of the technical and financial proposals
to obtain a final ranking of the proposals and recommendation of award. The Final Evaluation
Report is submitted to decision making authority for review and forward the report to the Bank
for its information. The Client invites the selected consultant for negotiations and informs the
other consultants that they were unsuccessful and furnishes the name of selected firm. The
scope of negotiation is given in Para 3.6. After technical and financial negotiations are
completed, the Client shall furnish to the Bank, in sufficient time for its review, a copy of
initialled negotiated contract. If the negotiated contract results in a substitution of key staff or
any changes in TOR and in the originally proposed Contract, the Client shall highlight the
changes and provide an explanation of why these changes are necessary.
4.8 Regarding Negotiations (Para 2.24 to 2.27 of CGL )
1. Negotiations shall include discussions of TOR, the methodology, staffing, Clients input and
special conditions of the Contract.
2. The selected firm should not be allowed to substitute Key Staff, unless both parties agree
that undue delay in the selection process makes such substitution unavoidable or that such
changes are critical to meet the objectives to the assignment.
3. Financial negotiation shall include clarification of the Consultants tax liability in the Clients
own country and now this tax liability has been or would be regulated in the contract.
4. Where QCBS procedure is followed, in the case of lump sum, contract price should not be
negotiated. In the Time Based Contracts, proposed unit rates for staff months and reimbursable
shall not be negotiated (since there have already been a factor of selection) unless there are
exceptional reasons. Reimbursable are paid on actuals upon presentation of receipts and hence
not subject to negotiations. If client wants to fix a ceiling he should do so by indicating in RFP.
5. Request for Proposals (RFPs):
The RFP shall include:
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Terms of Reference
Draft of the proposed contract
6. The Borrower shall allow enough time for the consultants to prepare their proposals. The
time allowed shall depend on the assignment, but normally shall not be less than four weeks or
more than three months. During this interval, the firms may request clarifications about the
information provided in the RFP. The Borrower shall provide these clarifications in writing
and copy them to all firms on the short list (who intend to submit proposals). If necessary, the
Borrower shall extend the deadline for submission of proposals. The technical and financial
proposals shall be submitted at the same time. No amendments to the technical or financial
proposal shall be accepted after the deadline. To safeguard the integrity of the process, the
technical and financial proposals shall be submitted in separate sealed envelopes.
7. The technical envelopes shall be opened immediately by a committee of officials drawn
from the relevant departments, after the closing time for submission of proposals. The financial
proposals shall remain sealed. Any proposal received after the closing time for submission of
proposals shall be returned unopened.
8. First the technical proposals shall be evaluated based on the evaluation criteria given in the
RFP document and thereafter the financial proposals of only those consultants, who secure
equal to or more than the minimum qualifying marks, shall be publicly opened
4.9 Rejection of All Proposals
Cases of rejection of all proposals received need to be referred to Bank for no objection and
clearance. The grounds for rejecting all proposals can be as under:
o The proposals present major deficiencies in responding to RFP.
o The cost proposals are substantially higher than the Clients estimated budget.
4.10 Type of Contracts and Selection of Appropriate Contract Form
4.10.1 The type of contract with Consultant can be:
o
o
o
o
o
4.10.2
Lump Sum;
Time based;
Retainer and / or Success fee
Percentage; and
Indefinite delivery
Lump sum Contracts
Lump sum contracts are used mainly for assignment in which the content and length of the
services and duration of services is clearly defined. Remuneration is fixed for the life of the
contract, and no physical or price contingencies are normally provided. Lump sum contracts
are often used in relatively simple and clearly defined assignments such as:
o Planning and Feasibility studies
o Environmental studies
o Detailed design of infrastructures
o Preparation of Data Base
Payments are made in accordance with a contractually agreed upon schedule of delivery or
against schedule of percentage of work completed.
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A lump sum contract is easy for the Clients to administer and requires little technical
supervision.
4.10.3 Time Based Contracts
Under time based contract, the consultant provides services on a time basis according to quality
specification and consultants remuneration as based on agreed upon unit rate for consultant
staff multiplied by actual time spent by staff on assignment and reimbursable expenses as per
actual and/or agreed unit rates. Such contracts are recommended for:
o
o
o
o
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Type of contract
Time based
Lump sum
Time-based or
indefinite delivery
Time-Based
Construction supervision
Time-Based
Procurement/ inspection
Percentage
Lump sum
Lump sum
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4.12.2 In assignments in which prior review is required, the Bank reviews the Technical
Evaluation Report, if satisfied, sends its no objection to the Client. The Bank may request
additional explanation or information about the report contents from the Client when
necessary. In exceptional cases, the Bank may ask the Client to submit one or more proposals
for its review.
4.12.3 Under QCBS, if the Bank determines that the final evaluation report, recommendations
for award and / or negotiated contract are inconsistent with the provision of RFP, it shall
promptly inform the Client and state the reason for its determination, otherwise, the Bank shall
provide the final no objection to the contract award. The Client shall confirm the award of
the contract. The description and amount of the contract, together with the name and address of
the firm, shall be subjected to public disclosure by the Bank upon the Clients confirmation of
contract award.
4.13 Misprocurement
The Bank does not finance expenditures for consulting services if the consultants have not
been selected or the services have not been contracted in accordance with the agreed provisions
of the Loan Agreement and the Procurement Plan approved by the Bank. In such cases, the
Bank will declare misprocurement, and it is the Banks policy to cancel that portion of the loan
allocated to the services that have been misprocured. The Bank may, in addition, exercise other
remedies provided for under the Loan Agreement. Even once the contract is awarded after
obtaining a no objection from the Bank, the Bank may still declare misprocurement if it
concludes that the no objection was issued on the basis of incomplete, inaccurate, or
misleading information furnished by the Borrower or that the terms and conditions of the
contract had been modified without Banks approval.
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Chapter- V
Community Procurement
(Principles and Process Description)
5.1Concept
Growing awareness of community participation in the works from planning to post
implementation can help in smooth operation and maintenance and successful implementation
of the project. Institutional capacity of community plays a major role for effective community
participation in rural water supply and sanitation program. Capacity building activities need to
be undertaken in order to build and sharpen their existing skills for management and for
sustaining all activities related to project implementation completion, operation and
maintenance.
5.2 Benefits of Community Procurement
The benefits of involving community in procurement includes:
Enhancing community ownership
Increasing capacity of the community
Generating employment and economic opportunities within the community .
Lessening the burden of procurement on Government implementing agencies.
The merits of community procurement refers to :
Ownership by the community
Command over the entire process
Sharing of capital investment of the project
Simplicity
Useful in operation and maintenance
It needs to be noted that community involved procurement, must not compromise with the
principles of competitiveness and transparency of the process. It is planned to suit the capacity
of the community in rural environment.
5.3 Key Rules of Community Procurement
Following rules shall be observed and complied with during the procurement of works and
goods :
o Transparency: All procurement procedures must be carried in an open and transparent
manner displaying all the details of procurement at prominent places in the villages.
o Equal opportunity to all Suppliers: Equal opportunity must be given to all suppliers
interested in supplying items to community and uniform evaluation procedures must be
adopted.
o Accountability : Any office bearer or committee member of community undertaking
procurement function remains accountable for all decisions and actions taken.
o Ensuring value of money : Items procured should meet the required technical
specifications and the quality standards, and must be arranged at reasonable prices.
o Avoid procurement of item from Friends and Relatives : Procuring items from close
relatives and friends of any of the office bearers of the GPWSC must be avoided.
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o No undue benefits for anyone: No member of the community shall accept directly or
indirectly any undue benefits or advantages on account of a procurement action.
o Equal Pay for Equal work : There should not be any distinction of wages between
male and female workers and other benefits.
5.4 Procurement of Works by Community
5.4.1 The following works are envisaged to be implemented by the beneficiaries of the
community:
1. Soak Pits
2. ISLs
5.4.2 In case the community takes up any works other than mentioned above, a three member
Procurement Sub Committee (PSC) shall be formed by GPWSC by nominating three of its
members with the approval of general body of the users group and submit a copy this
resolution to GP and DWSC. The resolution shall also be recorded in GPWSC register. The
DWSC shall nominate one engineer for assisting the Procurement Sub Committee (PSC) as
facilitator.
5.4.3 Procurement activities if any by the community shall be implemented as per agreed
thresholds and procedures specified in the Manual.
5.5 Social Audit
The DWSC shall directly constitute a Social Audit Committee with five members for the
implementation period and for period of 2 year each during operation and maintenance period.
The Committee members:
o Should be respectable member of the community and on whom the poor have faith.
o Not immediately related to the DWSC members.
o Should not be members of any of the decision making Committees.
o At least three members should be from target population.
The Social Audit Committee shall perform the following functions:
o Ensure that all the Committees follow provisions of Procurement Manual.
o Report any violation or deviation of rules to DWSC
o Monitor the adherence of project principles and rules in the selection of beneficiaries,
implementation of sub projects and all decisions of DWSC.
o Ensure that the capital share has been provided by the beneficiaries including user
charges.
The disclosure requirement for NCB/shopping will be same as discussed in chapter 4 under
NCB & Shopping procedures in addition to that the Social Audit committee shall display the
following information on the notice board of the village in case of NCB
o Name of each bidder who submitted the bid
o bid prices as read out at bid opening
o name and evaluated prices of each bid that was evaluated
o name of bidders whose bids were rejected and the reasons for their rejection; and
o name of the winning bidder, and the price it offered, as well as the duration and
summary scope of the contract awarded
Similarly in case of NS it should be disclosed in the notice board of the village the persons
from whom the quotation were invited, the rates offered and the person who was allotted the
work.
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Chapter- VI
Review by Bank
6.1 General: Prior and Post Review
Bank undertakes Prior Review for procurement process at all stages and also the post review
to ensure that guidelines of Bank are being strictly complied with and that proper procedure is
being followed at each stage. Brief detail of such review in respect of procurement of goods,
works and services is given in paras below.
Based on agreed cost table procurement plan shall include all procurement activities which will
be undertaken during the period of plan. The Procurement plan will indicate prior and post
review status of each procurement.
Review Requirements by the Bank
o The prior review thresholds are stipulated in the legal Agreements and procurement plan.
For all such packages , prior review of the bank will be required at the stages mentioned in
the prior review paragraphs
o Banks prior clearance shall be obtained in all contracts where contract value exceeds the
original contract value beyond 15% as well as for granting extension in stipulated time
period for performance of the Contract (Format to be used is at Enclosure XI)
o Copies of agreements of the Contracts subject to post review (disbursement claimed as
SOEs) are not to be forwarded to the Bank. However, the information shall be compiled at
the Division level in Form I-A. (Enclosure XII) by the District office for the district under
their jurisdiction and Bank will seek whenever information is required for post review as
per the guidelines. These will be reviewed selectively by visiting Banks Supervision
Mission.
o Information in respect of works executed on Force Account shall be compiled at the
Division level by Superintending Engineer for the division under their jurisdiction and sent
to Bank through the Project Director.
o Information on the value of procurement mode under shopping procedure shall be
complied at District office level and consolidated by the District officer under their
jurisdiction and sent to the Bank through State office.
6.2 Procurement of Goods and civil Works
6.2.1 Prior Review
It consists of review of :
o Procurement plan
o Invitation of bids
o Bidding document
o Pre-bid meeting shall be sent for information and Addendums for clearance
o Bid Evaluation Report (suggested form enclosure at Enclosure -3 for Civil Works and
Enclosure -4 for goods and Equipment); and
o Final contract (s) with check list (format of check list at Enclosure -5 for Civil works
and Enclosure - 6 for Goods and Equipment)
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The following table presents the threshold for the Prior review for Goods and works
Procurement Method
ICB (Goods)
NCB (Goods)
All Contracts
a)First contract to be implemented by each district irrespective
of value. b) Subsequently all contracts more than $500000 c)
All other contracts will be subject to Post review by the Bank.
ICB (Work)
NCB (Work)
All Contracts
a)First two SVS contracts to be implemented by each district
irrespective of the value and first MVS contract . b)
Subsequently, all contracts more than $1,000,000 c) All other
contracts will be subject to Post review by the Bank
All contracts will be subject to Post review by the Bank
Community Contracting
Force Account
Post Review
Works that meet the requirement of paragraph 3.8 of the
Guidelines may be procured under Force Account subject to
Bank prior clearance.
Support Organisations will be procured through the agreed procedure laid in the manual and in
accordance with the Bank Guidelines.
6.3.1 Prior Review
Prior review would be at every stage as follows:
o
o
o
Procurement plan
Terms of Reference;
Short Listing;
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TOR
SHORT LIST
PRIOR REVIEW
STAGES
FINAL CONTRACT
PROCUREMENT PLAN
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LIST
OF
ANNEXES
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LIST
OF
ENCLOSURES
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ENCLOSURE 1
Date:
Bid No.: DWSM/WB/________/____
1.
The Government of India has applied for a credit from the International
Development Association towards the cost of Rs.___________ for the Govt. of Andhra
pradesh, Rural Water Supply & Sanitation Project and intends to apply a part of the funds
to cover eligible payments under the contract for the construction of works as detailed
below. Bidders registered the Govt. of Andhra Pradesh and Bidders registered other State
Governments/ Government of India, or State/ Central Government Undertakings, are
eligible to bid for the work. Bidding is also opened to all bidders from eligible source
countries as defined in IBRD Guidelines for Procurement. Bidders are advised to note the
minimum qualification criteria specified in Clause 4 of the Instructions to Bidders to
qualify for the award of the contract.
2.
__________ invites bids for the construction of works detailed in the table. The bidders
may submit bids for any or all of the following works:
Package Name of
No.
Work
1
..
..
..
..
2
.
.
.
.
Approx. value
of work (Rs. in
lakhs)
3
.
.
.
.
Bid Security
(Rs. in lakhs)
4
..
..
..
..
Cost of
document
(Rs.)
5
Period of
completion in
months
6
..
..
..
..
3. Bidding documents (and additional copies) may be purchased from the office of
Executive Engineer, W/S & Sanitation (RWS) Division, __________ from _____to
_____________(dates with period of minimum 30 days) for a non-refundable fee of
Rs._____________(Each set) as indicated, in the form of cash or Demand Draft on any
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Enclosure - 2
FORMAT FOR SEEKING BANKS CLEARANCE FOR
REJECTION OF BIDS AND RE-INVITATION FOR
CIVIL WORKS / GOODS
1.
Credit/Loan Number
........................................................................
2.
........................................................................
3.
........................................................................
4.
Package No.
........................................................................
5.
Description of works
........................................................................
........................................................................
6.
........................................................................
........................................................................
7.
....................................................................
Publication of IFB
Name of Paper
:
Date of Publication
1. ..............................................................
2. ..............................................................
3. ..............................................................
9.
10.
........................................................................
11.
........................................................................
12.
........................................................................
13.
........................................................................
Sl. No.
14.
Name of Bidder
Bid Price
1.
..........................................................................................................................................................................
2.
..........................................................................................................................................................................
3.
..........................................................................................................................................................................
Name
1.
2.
3.
15.
..........................................................
..........................................................
..........................................................
Name
1
2.
3.
Bid Price
Bid Price
..........................................................
..........................................................
..........................................................
_________________________________________________________
If all bids are non-responsive as per Sl. No. 13. & 15., skip to Sl. No. 18.
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-216.
........................................................................
(b)
........................................................................
(c)
........................................................................
(d)
........................................................................
........................................................................
17.
18.
19.
(a)
........................................................................
(b)
........................................................................
(c)
........................................................................
GENERAL
(Any other relevant information in support of your
recommendation)
........................................................................
........................................................................
........................................................................
Date
Signature :
.................................
Name
.................................
Designation
.................................
.................................
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ENCLOSURE 3
Furnish estimated cost at the time of appraisal and the actual cost for the
proposal contract.
2.
Bidding Document :
Furnish the following details and discuss:
-
(Enclose copy of bidding document with amendments if any, if not sent earlier,
Annexure I).
3.
Bid invitation advertisement in national press, name of news papers and dates of
publication.
-
Number of bidders who purchased the bidding documents and their nationality.
Date and time of public bid opening, attendance, highlights of the bid opening
meeting, etc.
(Enclose copies of Bid Invitation, Prebid minutes, minutes of bid opening Annexure II,
III & IV).
4.
Bid Response :
-
In time :
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Procurement Manual
-----------Total :
- Furnish table of bid prices as read out at the bid opening meeting and as
converted (in increasing order of bid value):
Sl. No.
Name of bidder
Nationality
Bid price
Remarks
as read out
.. ..
..
.. .
.. ..
..
.. ..
..
5.
6.
Sl. No.
Name of bidder
Bid price
Brief
reasons
for
rejection
..
..
..
..
..
7.
Rank
1
Bidder
Bid Price
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2.
8.
Discussion of offers:
Subcontracting
- Comment on sub-contracting proposed and discuss qualifications/experience of
sub-contractors determining whether it is acceptable.
9.
10.
Construction Methodology
- Discuss the proposed construction methodology and other details of the selected
bidder [ submitted by him in terms of Clause 4.3 (k) of ITB] and comment on its
acceptability.
11.
Recommendations:
-
12.
Procurement Manual
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Annexure- 1
(to Enclosure 3)
Assessment of Bids
S1.
No.
Particulars
1.
Name of Bidder
2.
3.
Country of Origin
Bid Price
4.
Credentials
Letter of
Authorisation
5.
Commercial
Assessment *
6.
Technical
Assessment *
7.
Decision on
Responsiveness
Bidder 1
Bidder 2
...
Bidder 3
Bidder 4
Bidder 5
...
8.
Capacity cum
Capability*
Assessment (Post/
Prequalification)
*For details see attachment
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Annexure - 2
(to Enclosure 3)
Name of Bidder
1
..................
1.
Validity of Bid
ITB
15
2.
Bid Security *
ITB
16
ITB
18.2
ITB
12.1
ITB
29.5
ITB
13.4
Name of Bidder
2
Name of Bidder
3
..
5.1 Form of
Bid
Security
5.2 Bank and
Branch
5.3 Expiry Date
5.4 Amount
3.
4.
5.
6.
7.
8.
9.
Letter of
Authorization
Bid Form
Exceptions to
Clauses, if any:
Unbalanced
Bids
Price
Adjustment, if
suggested
Technical
Deviations, if
any
Decision on
Commercial
Responsiveness
Note: [a] Add parameters as required to suit the item under procurement & as specified in your bidding document
- 73 -
Procurement Manual
Annexure-3
(to Enclosure 3)
S1.
No.
Item of Bill of
Quantities
Quantity
Unit
Estimate
Rate
in
Rs.
Value
In Rs.
Bidder 1
Rate
in Rs.
Value
In Rs.
Bidder 2
Rate
in Rs.
Value
In Rs.
Grand Total:
- 74 -
Procurement Manual
Annexure - 4
(to Enclosure 3)
POST QUALIFICATION
Bidder 1
Bidder 2
Bidder 3
1.
2.
3.
4.
Note: 1(*). List all criteria specified in the bidding document and give
comments on how bidder meets or fails in criteria.
2. Give details for the recommended bidder and other lower bidders whose offer is
evaluated as non-responsive / who have been determined as not meeting with this
criteria.
- 75 -
Procurement Manual
Annexure - 5
(to Enclosure 3)
:
:
5. Retention Money
6. Milestones to be Achieved
- 76 -
Procurement Manual
ENCLOSURE - 4
1.
(NCB)
2.
Bidding Document:
Briefly discuss and indicate:
-
delivery schedule
payment schedule
performance and productivity
operating and maintenance costs
(Enclose copy of bidding document and amendments if any, if not sent earlier,
Annexure I).
3.
- 77 -
Procurement Manual
Bid Response:
-
In time
Late
=
=
--------------Total
Sl. No.
Furnish Table of bid prices as read out at the bid opening (in ascending order):
Name of bidder
Nationality
..
..
..
..
..
..
..
..
..
..
5.
6.
Sl. No.
Name of bidder
Bid price
Brief
reasons
for
rejection
..
..
..
..
..
..
..
..
7.
- 78 -
Commercial aspects:
O
O
O
O
O
O
O
Procurement Manual
omissions
inland transportation
delivery
deviation in payment schedule
spare parts
operation and maintenance
performance and productivity etc.
Technical criteria:
O
O
O
efficiency
productivity
training etc.
Rank
Name of bidder/
Evaluated CIP
Manufacturer/ Agent
destination price
1
2
3
.
.
.
..
...
..
8.
Post qualification:
-
- 79 -
Procurement Manual
Recommendations:
o
o
-
basic machine
-
list of tools
list of special accessories
list of 2 years maintenance spares
Other Services
Total Rs. ____________
o
o
Source of origin
Payment terms
o
o
o
o
o
o
o
o
Agency commission
Delivery
Inspection
Insurance
Freight
Performance security
Specifications
Other important terms and conditions
- 80 -
Procurement Manual
Annexure -1
(to Enclosure 4)
Assessment of Bids
Sl.
Particulars
Name
No.
1.
Manufactured by
2.
Country
of Name
of Name
of Name
of Name
of
Bidder 1
Bidder 2
Bidder 3
Bidder 4
Bidder 5
of
Origin
3.
Agent
4.
Classification
5.
Model Offered
6.
Model Number
7.
8.
9.
10.
11.
Letter
of
Authorization
Commercial
Assessment*
Technical
Assessment*
12.
Decision
on
Responsiveness
* For details see attachment.
- 81 -
Procurement Manual
Annexure -2
(to Enclosure 4)
EVALUATION OF THE BIDS
Commercial Analysis for Responsiveness of Bid:
Sl.
No.
Particulars
Name
of Name
of Name
of
Bidder 1
Bidder 2
Bidder 3
.
.
.
1.
Model Offered
2.
Model No.
3.
Manufd. By
4.
Country of
Origin
ITB
5.
Bid Security
IRB
15
ITB
16
Validity of Bid
7.
Letter
of ITB
Authorisation
Bid Form
ITB
8.
9.
Exception to :
Delivery:
Payment
Terms; and
13.3
(a)
9.1
ITB
26.5(b)
ITB
26.5(c)
Others
10.
Bid Currency
ITB
12
11
Performance
ITB
13.3
Statement
12.
(b)
Decision
on
Commercial
Responsiveness
Note
[a] Add parameters as required to suit the item under procurement and as specified in your bidding document.
[b] Bid security of Joint Venture must be in the name of all the partners in the Joint
Venture submitted the bid.
- 82 -
Procurement Manual
Annexure -3
(to Enclosure - 4)
Particulars
1.
Model No.
2.
Mfd. By*
3.
Model Type
Technical
Name
of Name of Name
of
Specifications Bidder 1
Bidder 2
Bidder 3
Clause
.
. .
Reference
4.
5.
6.
7.
8.
9.
10.
11.
12
13.
14.
Decision
Commercial
Responsiveness
on
a) List the mandatory and optional features which are checked and compared as
detailed in technical specifications to determine on conformity to technical
specifications.
b) This should also cover all deviations listed by bidder in response to Clause 14.3
(c) of ITB
- 83 -
Procurement Manual
Annexure -4
(to Enclosure -4)
a)
b)
c)
d)
- 84 -
Procurement Manual
Annexure -5
(to Enclosure -4)
Price
Bidders Name
Bidders Name
Bidders Name
1.
3.
4.
Inland freight
5.
Insurance
6.
2.
TOTAL
7.
Discounts, if any
8.
9.
No. to be supplied
- 85 -
Procurement Manual
Annexure -6
(to Enclosure -4)
POST QUALIFICATION
Bidder 1
Bidder 2
Bidder 3
1.
2.
3.
4.
Note 1
(*)
List all criteria specified in the bidding document and
give comments on how bidder meets or fails in criteria.
2.
Give details for the recommended bidder and other lower
bidders whose offer is evaluated as non-responsive / who have been determined
as not meeting with this criteria.
- 86 -
Procurement Manual
Annexure -7
(to Enclosure -4)
Sl.
Name of Item
No.
Specification or
Unit
Qty.
Rate
Value
Part No.
1.
Basic Item
2.
List of Tools
3.
List of Special
accessories and
spares
4.
5.
Total Cost
- 87 -
Procurement Manual
Enclosure - 5
PROCUREMENT
CHECKLIST FOR CONTRACTS ABOVE PRIOR REVIEW THRESHOLD
FOR CIVIL WORKS
1.
2.
3.
Description of works
4.
5.
: (in months)
6.
Type of contract
ICB/NCB
7.
Yes/No
8.
10.
1.
2.
3.
a) Domestic
b) Foreign
:
:
:
:
:
- 88 -
Procurement Manual
:
:
: Currency
Amount
..
Currency
Amount
..
: Yes/ No
: Percentage
Initial (%)
Deduction
Total not
from bills (%) exceeding
: ..
..
..
: ..
..
..
: months
d) Validity as required
: months
Clarify reasons for variation if any from the value as cleared by the Bank vide S. No. 20
- 89 -
Procurement Manual
:
:
:
:
:
:
:
:
: Yes/ No
Signature :
..
Name:
..
Designation : ..
Dated: ..
- 90 -
Procurement Manual
ANNEXURE -1
(to Enclosure -5)
PREQUALIFICATION DETAILS
1.
2.
3.
Date of prequalification
When the pre-qualification notice was
published in UNDB?
Publicity : (National press Name and
Date of publication
:
:
4.
: 1.
2.
3.
: FromTo
5.
6.
7.
8.
9.
:
:
:
:
:
:
:
:
:
Signature
Name ..
Designation
Date
- 91 -
Procurement Manual
ENCLOSURE - 6
PROCUREMENT
CHECKLIST FOR CONTRACTS ABOVE PRIOR REVIEW THRESHOLD
FOR GOODS AND EQUIPMENT
1.
2.
3.
4.
Description of Goods
5.
: Rs.lakhs
6.
: (in months)
7.
Type of contract
ICB/NCB
8.
Yes/No
9.
10.
11. Publicity
(National Press Name and Date of
Publication)
:
:
:
1.
2.
3.
:
:
- 92 -
Procurement Manual
:
:
: Currency
Amount
..
Currency
Amount
..
: Yes/ No
: %
b) Warranty period
: months
i) Form
ii) Amount
iii) Validity
:
:
:
Clarify reasons for variation if any from the value as cleared by the Bank vide S. No. 20
- 93 -
Procurement Manual
:
:
:
:
:
Signature :
..
Name:
..
Designation : ..
Date: ..
- 94 -
Procurement Manual
ENCLOSURE - 7
PROCUREMENT
CHECKLIST FOR POST-AWARD REVIEW OF CONTRACTS
FOR CIVIL WORKS
:
1.
GENERAL :
1.1
1.2
1.3
Description of works
1.4
1.5
: (in months)
(including non-working season from the date
of award)
1.6
: i) Yes /No
2.
BIDDING DOCUMENT
2.1
2.2
ii)
ICB/NCB
Yes/No
1.
..
2.
..
3.
..
2.3
: Yes/No
2.4
: Yes/ No
- 95 -
Procurement Manual
2.5
2.6
Bid Security :
POL
.
: Yes/No
: Yes/ No
: ..%
Rupees.
2.7
: Yes/ No
2.8
: Yes/No
2.9
- 96 -
Initial
: Percentage
Deduction
(Value M)
Procurement Manual
Total
Not
from bills
exceeding
(%)
..
..
..
: Rs
3.0
3.1
: Yes/No
3.2
3.3
Publication of NIT
(give names of national newspapers
and date of publication)
: 1
2.
3
3.4
: fromto..
4.0
4.1
: .
4.2
: Yes/No.
4.3
: Yes/No
5.0
5.1
: .
- 97 -
Procurement Manual
: .
5.3
: .
6.0
EVALUATION :
6.1
6.2
: .
.
6.3
: Yes/No
Yes/No
: Yes/No
6.4
: Yes/No
6.5
: Yes/No
6.6
: Yes/No
- 98 -
Procurement Manual
: Yes/No
i)
if no, list the reasons for
delay
a)
date of
opening
b)
date of award
ii)
if extension of bid validity
was sought, from all bidders and not
from the lowest alone?
: .
: .
: .
iii)
Was the period of extension
exceeded 4 weeks?
: Yes/No
: Yes/No
: .
: Yes/No
7.0
AWARD OF CONTRACT
7.1
7.2
7.3
7.4
7.5
7.6
7.7
Name of contractor
Date of award of contract
Date of signing of contract
Contract value as awarded
Contract number and date
Date of start of work
Stipulated time of completion of
work
8.0
PERFORMANCE SECURITY :
8.1
: months
8.2
Validity as required
: months
8.2
Validity as provided
: months
8.3
:
:
:
:
:
:
:
.
.
.
.
.
.
.
- 99 -
Procurement Manual
9.0
ENCLOSURES :
9.1
: Yes/No
: Yes/No
10.
: .
.
.
11.
GENERAL :
12.
: Yes/No
: Yes/No
.
.
.
: Yes/No
.
.
Signature :
..
Name:
..
Designation : ..
Date: ..
- 100 -
Procurement Manual
ENCLOSURE - 8
PROCUREMENT
CHECKLIST FOR POST-AWARD REVIEW OF CONTRACTS
FOR GOODS AND EQUIPMENT
1.
GENERAL
1.1
1.2
1.3
1.4
Description of Goods
1.5
: Rs. lakhs
1.6
: (in months)
(including non-working season from
the date of award)
1.7
: i) Yes /No
2.
2.1
BIDDING DOCUMENT
Whether the bidding document used
for this work is according to the
standard model document cleared with
the Bank?
2.2
: 1.
2.
3.
2.3
Yes/No
Yes/ No
2.4
b)
What is the percentage/
amount? (No exemption should
be permitted to any bidder or
any class of bidders)
2.5
ii)
ICB/NCB
Yes/No
..
..
..
: .%
: Yes/No
- 101 -
Procurement Manual
2.7
: %
...
2.8
: Rs
3.0
3.1
: Yes/No
3.2
3.3
Publication of NIT
(give names of national newspapers
and date of publication)
: 1
2.
3
3.4
4.1
: Fromto..
: .
- 102 -
Procurement Manual
4.2
: Yes/No.
4.3
: Yes/No
4.4
5.0
5.1
: .
5.2
: .
5.3
: .
6.0
EVALUATION :
6.1
6.2
: .
6.3
6.4
: Yes/No
6.5
: Yes/No
Yes/No
Yes/No
- 103 -
Procurement Manual
: Yes/No
ii)
If extension of bid validity was
sought, was that from all bidders and
not from the lowest alone?
: Yes/No
iii)
Was the period of extension
exceeded 4 weeks?
: Yes/No
: Yes/No
iv)
If yes, indicate date of
clearance
: .
: .
: .
: .
7.0
AWARD OF CONTRACT
7.1
Name of Supplier
: .
7.2
: .
7.3
: .
7.4
: .
7.5
: .
7.6
Date of start
: .
7.7
8.0
: .
8.1
: months
8.2
Validity as required
: months
8.3
: Yes/No
- 104 -
ENCLOSURES :
9.1
10.
11.
Procurement Manual
: Rs
.
.
: Yes/No
: Yes/No
: Yes/No
: Yes/No
: .
.
.
: .
.
.
Signature:
..
Name:
..
Designation : ..
Date: ..
- 105 -
Procurement Manual
ENCLOSURE - 9
1.
WBR No.
: .
2.
: and
: date
3.
Name of Contractor
: .
4.
Description of work
: .
5.
a)
Original Contract Value
b)
Anticipated increased
contract value as of date
:
: ..
6.
: .
7.
: .
: .
: .
8.
: .
9.
: .
: .
b) Extra Items
: .
c) Variation in Quantities
: .
d) Contract or Claims
: .
1) Arbitration
: .
- 106 -
2) Other reasons
10.
Procurement Manual
: .
e) Exchange Variation
: .
Total
: .
- 107 -
Procurement Manual
ENCLOSURE - 10
(FORM 1-A)
Quarter I II III IV
WB CREDIT NO
PROGERESS REPORT ON FIELD REVIEW CONTRACTS
(Contract Value below Rs. 45.00 lakhs)
Sl.
No.
Description of
Goods/Works/
Equipment/
Banks. Etc.
Type of
Contract
(NCB/
Direct
Contracting/
National or
International
Shopping/
* Force
Account)
Value of
Goods/Works/
Equipments/ Books /
etc.
Estimated
Awarded
Invitation
Opening
No. of Bid
documents
Sold/
Issued
No. of
Bids
Received
Evaluation of Bids
Received
Rank
of
Bidder
10
Reasons
for
ignoring
Lower
Officers
11
Name of
contractor/
Supplier
in whom
Contract
has been
awarded
Contract
No. &
Date
Remarks
regarding
rejection/
negotiation/
preferences,
if any
12
13
14
108
Procurement Manual
ENCLOSURE - 11
Suggested Draft of the Letter of Appointment of Adjudicators
in Civil Works Contracts
109
Procurement Manual
In accepting this assignment, the Adjudicator should understand and agree that he is
responsible for any liabilities and costs arising out of risks associated with travel to
and from the place of emergency repatriation, loss or damage to personal/
professional effects and property. The Adjudicator is advised to effect personal
insurance cover in respect of such risks if he does not already have such cover in
place. In this regard, the Adjudicator shall maintain appropriate medical, travel,
accident and third-party liability insurance. The obligation under this paragraph will
survive till termination of this appointment.
Procedures for resolution of disputes by the Adjudicator is described in the contract of
___________________________________________________
(name
of
the
Contract) between the employer and the contractor vide Clauses No. 24, 25 and 26 of
the Conditions of Contract and Contract Data. Your recommendation should be given
in the format attached.
The Adjudicator will carry out the assignment in accordance with the highest standard
of professional and ethical competence and integrity, having due regard to the nature
and purpose of the assignment and will conduct himself in a manner consistent
herewith. After visiting the worksite, the Adjudicator will discuss the matter with the
Employer and if necessary with the Contractor before arriving at any decision.
The Adjudicator will agree that all knowledge and information not within the public
domain, which may be acquired while carrying out this service shall be for all time
and for all purpose, regarded as strictly confidential and held in confidence, and shall
not be directly or indirectly disclosed to any party whatsoever, except with the
permission of the Employer and the Contractor. The Adjudicators decision should be
communicated in the form of a speaking order specifying the reasons.
The Adjudicator will agree that any manufacturing or construction firm with which
he might be associated with, will not be eligible to participate in bidding for any
goods or works resulting from or associated with the project of which this consulting
assignments forms a part.
Read and Agreed
Name of Adjudicator
Signature
Place:
Date:
Name of Employer
Signature of authorized representative of Employer
Name of Contractor
Signature of authorized representative of Contractor
Attachment: Copy of contract document between the employer and
contractor and format for recommendation.
110
Procurement Manual
111
Procurement Manual
[ Project Name)
RECOMMENDATION OF ADJUDICATOR
Hearing Date :
Dispute
Description of dispute. A one or two sentence summation of dispute.
Contractors Position
A short summation of the Contractors position as understood by the Adjudicator.
Employers Position
A short summation of the Employers position as understood by the Adjudicator
Recommendation
The Adjudicators specific recommendation for settlement of the dispute. (the
recommended course is consistent with explanation).
Explanation
(This section could also be called Considerations, Rationale, Findings, Discussion,
and so on)
The Adjudicators description of how each recommendation was reached.
Respectfully submitted.
Date :
____________________
112
Procurement Manual
ENCLOSURE - 12
Package Number
2.
Item/Work Description
3.
Estimated Value
4.
5.
Mode of Procurement
6.
: _____________ at __________hours
: _____________at__________hours
7.
8.
9.
_______________
_______________
113
Procurement Manual
of
Item
Work:________________________________________________
1.
The following bids received by closing date and time i.e. _________hours on
__________, were publicly opened in the presence of the bidders representatives
listed below at __________hours on ____________(date)
S.
No.
Number of Bidder
Group
Bid Security in
Rupees
Amount
Bid Amount *
(CIP
Destination/
In Rupees)
Discount
offered, if any
(modifications
or withdrawals)
Alternative
offer, if any
Validity
1.
2.
3.
4.
5.
2. The following representatives of bidders are present during the bid opening :
S.
No.
Name of
Representative
Signature
114
Procurement Manual
Complaints, if any:
Signature, Name and Designation of the Bid Opening Officers (Bid Opening
Committee) :
1.
_______________________________________________________________
_
2.
_______________________________________________________________
_
3.
_______________________________________________________________
_
4.
_______________________________________________________________
_
115
Procurement Manual
ENCLOSURE -13
Selection of Consultants by the Banks1 Borrowers
Sample format for Request for Expression of Interest
[Name of Country]
[Name of Project]2
[Services]3
Loan [Credit/Grant] No.
1. This Request for Expressions of Interest follows the general procurement notice for this
project that appeared in Development Business, issue no. [insert number] of [insert date].4
2. The [insert name of borrower]5 [has received/has applied for/intends to apply for] a
[loan/credit/grant] from the [International Bank for Reconstruction and
Development/International Development Association] and intends to apply part of the
proceeds of this [loan/credit/grant] to payments under the contract for [insert project/the
services].
3. The Services include [brief description., organization, implementation period..].6
4. The [insert name of implementing agency/client] now invites eligible consultants to
indicate their interest in providing the Services. Interested consultants must provide
information indicating that they are qualified to perform the Services (brochures, description
of similar assignments, experience in similar conditions, availability of appropriate skills
among staff, etc.). Consultants may associate to enhance their qualifications. [The
Association may take the form of a joint venture (with joint and several liability) or of a
sub-consultancy].
5. A consultant will be selected in accordance with the procedures set out in the World Banks
Guidelines: Selection and Employment of Consultants by Bank Borrowers7, January 1997,
September 1997, January 1999 and May 2002. [Modify this to specify current guidelines for
projects which are approved after May 2004].
6. Interested Consultants may obtain further information at the address given below [state
address at the end of document] from [insert office hours].8
7. Expression of interest must be delivered to the address below by no later than [insert date].
116
Procurement Manual
2. If appropriate. In some cases there may be no project properly said by only a specific
consulting assignment.
3. Insert title of Services.
4. Day, month, year. For example 31 January 1996; delete if not appropriate.
5. In case of a grant.
6. The intent is to enable potentially interested consultants to decide whether or not to prepare
an expression of interest.
7. See Guidelines for eligibility requirements.
8. For example, 0900 to 1200 hours.
9. Where the shortlist may comprise only entirely national consultants, add this para
In accordance with paragraph 2.7 of the Guidelines for the Selection and Employment of
Consultants by World Bank Borrowers, the short list for this assignment may comprise
entirely of national consultants, although foreign consultants may express interest for
consideration.
For that effect, all interested firms are informed that all documents, including the Request for
Proposals, the Proposal and consultants contract for the proposed assignment will be issued
in English, and contract price and corresponding payments will be in Indian Rupees.
117
Procurement Manual
Enclosure-14
Form for Seeking Clearance of World Bank for Single Source Consultancy
[Firms/Individuals]
[To be used by Borrower]
Date:______
___________
1.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________________________________________________
____________________________________________________________________________
_____________________________________________________________________
_________________________________________________________
Is this a follow-up assignment on same or previous project?
If yes:
a)
give previous method of selection:
Source/QCBS/FBS________
Yes __________ No
Sole
118
c)
Procurement Manual
Yes __________ No
Yes __________ No
Yes
Actual Staff Months
Finish
Average:_________________
[If there has been more than one follow-up assignment, give same information as requested in for
the original and any other assignments not described]
Signature
[Designation]
Para 3.9 of Consultancy Guidelines:
3.9 Single-source selection may be appropriate only if it presents a clear advantage over competition:
[a] for tasks that represent a natural continuation of previous work carried out by the firm, [b]
where a rapid selection is essential (for e.g., in an emergency operation), [c] for very small
assignments, or [d] when only one firm is qualified or has experience of exceptional worth for the
assignment.
119
Procurement Manual
Enclosure- 15
E-5
PROCUREMENT OF GOODS
UNDER
NATIONAL SHOPPING
PROCEDURES
(For Contracts valued less than the
equivalent of US $30,000 each)
120
Procurement Manual
You are invited to submit your most competitive quotation for the following
goods:-
Brief Description
of the Goods
Specifications*
Quantity
Delivery
Period
Place of
Delivery
Installation
Requirement
if any
2.
3.
Bid Price
a)
b)
c)
d)
e)
121
Procurement Manual
Validity of Quotation
Quotation shall remain valid for a period not less than 15 days after the
deadline date specified for submission.
6.
Evaluation of Quotations
The Purchaser will evaluate and compare the quotations determined to be
substantially responsive i.e. which
(a)
(b)
The Quotations would be evaluated for all the item together/would be evaluated
separately for each item. [Select one of the options].
Sales tax in connection with sale of goods shall not be taken into account in
evaluation.
7.
Award of contract
The Purchaser will award the contract to the bidder whose quotation has been
determined to be substantially responsive and who has offered the lowest
evaluated quotation price.
7.1
Notwithstanding the above, the Purchaser reserves the right to accept or reject
any quotations and to cancel the bidding process and reject all quotations at
any time prior to the award of contract.
7.2
The bidder whose bid is accepted will be notified of the award of contract by
the Purchaser prior to expiration of the quotation validity period. The terms of
the accepted offer shall be incorporated in the supply order (sample form
attached).
8.
9.
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Procurement Manual
10.
11.
We look forward to receiving your quotations and thank you for your interest
in this project.
(Purchaser)
Name:
.....................................
Address:
.....................................
.....................................
Tel.
.....................................
Fax
.....................................
No.
No.
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FORMAT OF QUOTATION *
Sl.
No.
Description
Goods
Specifications
Qty.
Unit
Quoted
Unit Rate
in Rs.
Total Amount
In
Figures
In
Words
TOTAL
Sales Tax
Gross Total Cost : Rs. ..........................
We agree to supply the above goods in accordance with the technical specifications
for a total contract price of Rs. ...........(amount in figures ) (Rs. ........... amount in
words) within the period specified in the Invitation for Quotations.
We also confirm that the normal commercial warrantee/guarantee of ........... months
shall apply to the offered goods.
We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in bribery.
Signature of Supplier
*
Applicable while the bids are being invited for more than one item and would
be evaluated for all the items together. Modify where evaluation would be
made for each item separately.
ATTACHMENT
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OFFICE
OF
SUPPLY ORDER
To:
M/s
Dear Sirs,
Sub: Supply of
Brief
Specifications
description of
goods/
equipment
Quantity
to be
supplied
Unit
Rate
(Rs.)
Total
Price
(Rs.)
1
2
3
4
5
Total
Vat/Sales Tax will be extra
2.
3.
Place of delivery
4.
Consignee Address:
5.
Vat/Sales tax if any will be paid at actual prevailing on the date of
supply.
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6.
shall
7.
8.
(Purchaser)
Date:
Place:
.
Name:
Designation:.
NR/ls
Wednesday, April 30, 2008
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Enclosure-16
W-5
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Procurement Manual
You are invited to submit your most competitive quotation for the following
works:Brief Description
of the Works
Approximate value
of
Works
Completion
Period of
(Rs.)
2.
32 .
4.
5.
Delete if inapplicable
128
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6.
7.
We look forward to receiving your quotations and thank you for your interest
in this project.
(Employer )
Name:
_____________________
Address:
_____________________
_____________________
_____________________
Tel. No:
_____________________
Fax No.
_____________________
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Instructions to Bidders
SECTION - A
1.
Scope of Works
The _____________________ (Employer) invites quotations for the
construction of works as detailed in the table given below
Brief Description
of the Works
Approximate value
of Works (Rs.)
Period of
Completion
The successful bidder will be expected to complete the works by the intended
completion date specified above.
2.
3.
4.
(b)
(c)
Details of any litigation, current or during the last 3 years in which the
bidder is involved, the parties concerned and disputed amount in each
case.
(b)
(c)
Bid Price
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Procurement Manual
a)
The contract shall be for the whole works as described in the Bill of
quantities, drawings and technical specifications. Corrections, if any,
shall be made by crossing out, initialling, dating and re writing.
b)
All duties, taxes and other levies payable by the contractor under the
contract shall be included in the total price.
c)
The rates quoted by the bidder shall be fixed for the duration of the
contract and shall not be subject to adjustment on any account.
d)
5.
Submission of Quotations
5.1
The bidder is advised to visit the site of works at his own expense and obtain
all information that may be necessary for preparing the quotation.
5.2
5.3
The quotation submitted by the bidder shall comprise the following :(a) Quotation in the format given in Section B.
(b) Signed Bill of Quantities ; and
(c) Qualification information form given in Section B duly completed.
5.4
5.5
Quotations must be received in the office of the ---------------------------(Employer) not later than the time and date given in the letter of invitation . If
the specified date is declared a holiday, quotations shall be received upto the
appointed time on the next working day.
5.6
6.
Validity of Quotation
Quotation shall remain valid for a period not less than 45 days after the
deadline date specified for submission.
7.
Opening of Quotations
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9.
Evaluation of Quotations
The Employer will evaluate and compare the quotations determined to be
substantially responsive i.e. which
10.
(a)
(b)
(c)
Award of contract
The Employer will award the contract to the bidder whose quotation has been
determined to be substantially responsive and who has offered the lowest
evaluated quotation price and who meets the specified qualification criteria.
10.1
Notwithstanding the above, the Employer reserves the right to accept or reject
any quotations and to cancel the bidding process and reject all quotations at
any time prior to the award of contract.
10.2
The bidder whose bid is accepted will be notified of the award of contract by
the Employer prior to expiration of the quotation validity period.
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Performance Security
Within 15 days of receiving letter of acceptance, the successful bidder shall
deliver to the ................. (Employer) the performance security (either a bank
guarantee or a bank draft in favour of the Employer) for an amount
equivalent of 3 % of the contract price. The Performance Security shall be
valid till the expiry of the period of maintenance of the work, specified in
clause 12.
12.
Period of Maintenance :
The Period of Maintenance for the work is six months from the date of
taking over possession or one full monsoon season whichever occurs later.
During the period of maintenance, the contractor will be responsible for
rectifying any defects in construction free of cost to the Employer.
13.
.......................
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SECTION - B
1.
2.
3.
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QUALIFICATION INFORMATION
1.1
1.2
1.3
Projec
t
Name
19___
19___
19___
Work performed as prime contractor (in the same name) on works of a similar
nature over the last three years.
Name
of
Employ
er
Descri
p-tion
of
work
Contra
ct No.
Value of
contract
(Rs.Lakh
s)
Date
of
issue
of
work
order
Stipulate
d period
of
completion
Actu
al
date
of
comp
letion
Remarks
explaini
ng
reasons
for delay
and
work
complete
d
(1)
Place
&
State
(2)
Contract
No. &
Date
(3)
Value of
Contract
(Rs.
Lakh)
(4)
Stipulate
d period
of
completi
on
(5)
Value of
works*
remaining to
be completed
(Rs. Lakhs)
(6)
Anticipat
ed date of
completio
n
(7)
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Procurement Manual
Sections of the
works
Value of Subcontract
Sub-contractor
(name & address)
Experience in
similar work
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
1.5
1.6
Name, address, and telephone, telex, and fax numbers of the Bidders bankers
who may provide references if contacted by the Employer.
1.7
Other
party(ies)
Amount
involved
Remarks showing
present status
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Procurement Manual
QUOTATION
*
Description of the Works :
To:
Subject
: Construction of ....................................................................
.............................................................................................
Reference
: Letter No....................................dated......................from...................
Sir,
We offer to execute the Works described in your letter referred to above in
accordance with the Conditions of Contract enclosed therewith at ......... percentage
above / below the estimated rates, i.e., for a total Contract Price of Rs.** _________________________________________________ [ in figures ]
Rs. _________________________________________________ [ in words ].
This quotation and your written acceptance of it shall constitute a binding contract
between us. We understand that you are not bound to accept the lowest or any
quotation you receive.
We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in bribery.
We hereby confirm that this quotation is valid for 45 days as required in Clause 6 of
the Instructions to Bidders.
We have not been debarred/removed from approved lists/(dealings suspended) by the
Central/State Governments or by the World Bank.
Yours faithfully,
Authorized Signature
______________
Date:
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LETTER OF ACCEPTANCE
CUM NOTICE TO PROCEED WITH THE WORK
(LETTERHEAD OF THE EMPLOYER)
Dated : ____________________________
Dear Sirs,
This is to notify you that your Quotation dated ____________________ for
execution
of
the
_____________________________________________________________ for the
contract price of Rupees __________________________________________ [amount
in words and figures], is hereby accepted by us.
You are hereby requested to furnish performance security for an amount of Rs.
____________________ (equivalent to 3% of the contract price) within 15 days of
the receipt of the letter. The Performance Security in the form of Bank guarantee or a
Bank draft in favour of ..........................(Employer) shall be valid till the expiry of the
period of maintenance i.e. upto ______________________. Failure to furnish the
Performance Security will entail cancellation of the award of contract.
You are also requested to sign the agreement form and proceed with the work
not later than ____________________________ under the instructions of the
Engineer, ____________________________ and ensure its completion within the
contract period.
With the issuance of this acceptance letter and your furnishing the
Performance Security, contract for the above said work stands concluded.
Yours
faithfully,
Authorized Signature
Name and title of
Signatory
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The total cost of the works (hereinafter referred to as the total cost) is Rs.
____ as reflected in Annexure - 1.
3.1
Payments to the second party for the construction work will be released by the
first party in the following manner :On signing of agreement
On reaching plinth level (first stage)
On reaching lintel level (second stage)
On reaching roof level (third stage)
Plastering and completion of whole
work (fourth stage)
:
:
:
:
(The above has been drafted for construction of school buildings; modify
this suitably for other works)
3.2
4.
(b)
(c)
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The second party, on the works reaching each stage of construction, issue a
notice to the first party or the Engineer nominated by the first party (who is
responsible for supervising the contractor, administering the contract,
certifying the payments due to the contractor, issuing and valuing variations to
the contract, awarding extensions of time etc.), to visit the site for certification
of stage completion. Within 15 days of the receipt of such notice, the first
party or the engineer nominated by it, will ensure issue of stage completion
certificate after due verification.
5.
Completion time
The works should be completed in _____________ (months/weeks/days) from
the date of this Agreement. In exceptional circumstances, the time period
stated in this clause may be extended in writing by mutual consent of both the
parties.
6.
7.
If any of the compensation events mentioned below would prevent the work
being completed by the intended completion date, the first party will decide on
the intended completion date being extended by a suitable period :
a)
The first party does not give access to the site or a part thereof by the
agreed period.
b)
The first party orders a delay or does not issue completed drawings,
specifications or instructions for execution of the work on time.
c)
d)
e)
Any willful delay on the part of the second party in completing the
construction within the stipulated period will render him liable to pay
liquidated damages. @ Rs. *____________ per day which will be deducted
from payments due to him. The first party may cancel the contract and take
recourse to such other action as deemed appropriate once the total amount of
liquidated damages exceeds 2 % of the contract amount.
(Note: The amount of liquidated damages per day should be determined
at not less than 0.05 % of the contract value of the works and indicated
here).
8.
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Procurement Manual
8.1
The first party shall be responsible for providing regular and frequent
supervision and guidance to the second party for carrying out the works as per
specifications. This will include written guidelines and regular site visit of the
authorized personnel of the first party, for checking quality of material and
construction to ensure that it is as per the norms.
8.2
The first party shall supply 3 sets of drawings, specifications and guidelines to
the second party for the proposed works.
8.3
Possession of the site will be handed over to the second party within 10 days
of signing of the agreement.
8.4
The Engineer or such other person as may be authorized by the first party shall
hold meeting once in a month where the second party or his representative at
site will submit the latest information including progress report and difficulties
if any, in the execution of the work. The whole team may jointly inspect the
site on a particular day to take stock of activities.
8.5
The Engineer shall record his observations/instructions at the time of his site
visit in a site register maintained by the second party. The second party will
carry out the instructions and promptly rectify any deviations pointed out by
the engineer. If the deviations are not rectified, within the time specified in
the Engineers notice, the first party as well as the engineer nominated by it,
may instruct stoppage or suspension of the construction. It shall thereupon be
open to the first party or the engineer to have the deviations rectified at the
cost of the second party.
9.
9.1
take up the works and arrange for its completion within the time period
stipulated in clause 5;
b)
c)
d)
e)
f)
g)
h)
be responsible for all security and watch and ward arrangements at site
till handing over of the building to the first party ; and
141
10.
Procurement Manual
i)
f)
Pay all duties, taxes and other levies payable by construction agencies
as per law under the contract (First party will effect deduction from
running bills in respect of such taxes as may be imposed under the
law).
11.
a)
The second party shall provide the Engineer with a quotation for
carrying out the Variation when requested to do so by the Engineer.
The Engineer shall assess the quotation, which shall be given within
seven days of the request before the Variation is ordered.
b)
c)
The second party shall not be entitled to additional payment for costs
which could have been avoided by giving early warning.
Securities
The Performance Security shall be provided to the Employer no later than the
date specified in the Letter of Acceptance and shall be issued in an
amount and form and by a bank or surety acceptable to the Employer.
The Performance Security shall be valid until a date 28 days from the
date of issue of the Certificate of Completion in the case of a Bank
Guarantee.
12.
Termination
12.1
The Employer may terminate the Contract if the other party causes a
fundamental breach of the Contract.
12.2
Fundamental breaches of Contract include, but shall not be limited to
the following:
(a)
the contractor stops work for 28 days and the stoppage has not
been authorized by the Engineer;
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(b)
(c)
Procurement Manual
(d)
12.3
Notwithstanding the above, the Employer may terminate the Contract
for convenience.
12.4
If the Contract is terminated the Contractor shall stop work
immediately, make the Site safe and secure and leave the Site as soon as
reasonably possible.
13.
14.
Dispute settlement
If over the works, any dispute arises between the two parties, relating to any
aspects of this Agreement, the parties shall first attempt to settle the dispute
through mutual and amicable consultation.
In the event of agreement not being reached, the matter will be referred for
arbitration by a Sole Arbitrator not below the level of retired Superintending
Engineer, PWD to be appointed by the first party. The Arbitration will be
conducted in accordance with the Arbitration and Conciliation Act, 1996. The
decision of the Arbitrator shall be final and binding on both the parties.
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Procurement Manual
Annexure I
BILL OF QUANTITIES
Sl.No.
Description of
Work
Qty.
Unit
Estimated Cost
In figure
(Rs.)
Amount
In Words
Signature of Contractor
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Procurement Manual
Annexure - 2
Format of certificate
Certified that the works upto -------------------------------------------------- level in
respect of construction of ------------------------------------- at ---------------------------------- have been executed in accordance with the approved drawing and technical
specifications.
Signature
Name &
(Official address)
Designation
Place :
Date :
Office seal
NR/ls
Wednesday, April 30, 2008
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Enclosure-17
W-6
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The works should be of the nature that they are simple, scattered and
construction through community participation is essential.
(b)
The ceiling value of such works should be Rs.1,000,000 (US $30,000 for each
work).
(c)
(ii)
(d)
NGOs
The above agencies could carry out the work either directly by organizing the
contribution of labour from the communities
or
The work can be executed under piece rate/unit rate systems with available
local skilled workmen (materials being procured locally under National
Shopping procedures)
(e)
(ii)
(iii)
(iv)
147
Procurement Manual
(v)
(vi)
(vii)
it should not have been blacklisted by the Central Social & Welfare
Board (CSWB) and Council for the Advancement of Peoples Action &
Rural Technology (CAPART) or by Central/State Governments in
India.
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In villages and small places, it is likely that only a few NGOs may be
operating. The borrower should identify those who meet with the above
criteria.
(i)
(ii)
the contract value should not exceed a norm (for example, Rate
per Square Meter or Per Building) which should be pre-agreed
with the Task Manager; and
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Procurement Manual
for entering into agreements for all such small works without
any prior review by the Bank. Only changes, if any, made in
the approved draft should be got prior reviewed by the Bank.
(g)
Where a number of NGOs meeting with the specified criteria stated above are
available, the borrower should call for quotations according to National
Shopping procedure from them for construction of the works as per plans and
specifications, terms and conditions, and the lowest evaluated, subject to bid
price being comparable with agreed norms, should be considered for award.
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Procurement Manual
(h)
(i)
In the SAR, the number of such works and the aggregate ceiling value of
works to be procured following the above procedures should be indicated for
overall control (where SAR is silent, this should be done subsequently by the
Task Team Leader after review with the borrower).
(j)
(k)
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Procurement Manual
Annexure A
(b)
locality; and
(c)
Institutional Aspects
(a)
(b)
ii)
existence of adequate and skilled staff in relation to needs for subproject implementation; ** and
iii)
NGO has the necessary physical resource base (accessible office space,
vehicles, communication facilities and so on).
Community Sensitivity
i)
ii)
iii)
NGO, through its personnel, has a keen understanding of, and are
sensitive to issues concerning women and weaker sections of the
society; **
iv)
NGO, through its personnel, have a keen understanding of, and are
sensitive to issues related to environment; **
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Financial Aspects
(a)
(b)
Financial Capacity
i)
ii)
iii)
NGO has access to other sources of financing and will not be totally
dependent on sub-project financing.
Account Capacity
i)
ii)
Demonstrated Experience
(a)
ii)
iii)
NGO must have been functioning at least 2 year(s) (where there are a
large number of NGOs modify the number of years suitably)
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Annexure B
1.
2.
Cost of Contract
The total cost of the works (hereinafter referred to as the total cost) as Rs.
__________, as reflected in Annexure 1.
3.
Disbursement of funds
3.1
The second party shall have a bank account opened in the name of the
sub-project (to be operated by two in the committee which should be
preagreed) with the branch of a nationalized/ scheduled/ Cooperative
Bank as soon as this Agreement has been signed and shall provide its
Bank account number to the first party.
3.2
The second party shall notify the first party in writing the names and
address of those who will jointly operate the Bank account mentioned
in Clause 3.1. Such signatories shall not be changed without the prior
consent of the first party.
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Payment to the second party for the construction work will be released
by the fist party in the following manner:
20% of the
30% of the
total cost
On complection of of the assigned work (second stage): 40% of the
total cost
156
Procurement Manual
3.4
4.
Maintenance of Accounts
The second party shall maintain separate accounts for all the expenditures
incurred out of the payments made by the first party from time to time for
execution of the work. Such accounts shall be available for inspection by the
first party or any other visiting team deputed for the purpose.
4.1
In the event of any misuse of funds, the first party shall have the right
to freeze the Bank account of the sub-project after such inquiry as may
be deemed necessary.
5.
Completion time
6.
6.1
The first party shall be responsible for providing regular and frequent
supervision and guidance to the second party for carrying out the
works as per specifications. This will include written guidelines and
regular site visit of the authorized personnel of the first party, for
157
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6.2
158
Procurement Manual
6.4
The first party shall have the right to instruct to stop or suspend the
construction at any stage if there is any deviation from the
specification or violation of any of the terms of this Agreement and
demand reimbursement of its payments.
7.
7.1
take up the works and arrange for its completion within the
time period stipulated in Clause 5;
(b)
(c)
(d)
(e)
(f)
(g)
Procurement Manual
(i)
(j)
(k)
(l)
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8.
Dispute Settlement
If over the works, any dispute arises between the two parties, relating to any
aspects of this Agreement, the parties shall first attempt to settle the dispute
through mutual and amicable consultation. If the dispute is not settled through
such consultation, the matter may be referred for arbitration to the Project
Director / conservator *. (* Modify as appropriate for each project.)
Signed and delivered by Sri. ______________________________________ President
VSS/GP/VP Committee __________________________________ on behalf of the Committee.
In the presence of:
i)
ii)
i)
ii)
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Annexure I
Quantity reqd.
Unit costs
Cost
Cost to be provided
by
Cement
Crat wire
Polythene bags
Organic/chemical
fertilizers
Nursery tray and
stands
Root trainers
Pit digging
implements like
sabbal, ganity etc.
High yielding seeds
Veterinary vaccines,
Sprinkler system
Others
Labour
Unskilled Labour
Grand Total
162
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Annexure II
Format of Certificate
Place :
Date:
Signature
Name & Designation
(Official address)
Office seal
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Enclosure-18
W-9
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GOVERNMENT OF ........................
...........................................PROJECT
INVITATIONS FOR BIDS (IFB)
NATIONAL COMPETITIVE BIDDING
2.
3.
Bidding documents (and additional copies) may be purchased from the office
of..................................... from ...........to.........., for a non-refundable fee (three
sets) as indicated, in the form of cash or Demand Draft on any Scheduled bank
payable at................ in favour of...... .................... Interested bidders may
obtain further information at the same address. Bidding documents requested
by mail will be dispatched by registered/speed post on payment of an extra
amount of Rs........... The .......................... will not be held responsible for the
postal delay if any, in the delivery of the documents or non-receipt of the
same.
4.
Bids should be valid for 45 days after the deadline date specified for
submission.
5.
6.
Procurement Manual
TABLE
_____________________________________________________________________
___
Package Name of
No.
work
Approximate
value
of work (Rs.)
Cost of document
(Rs.)
Period of
completion
_____________________________________________________________________
___
Seal of office
(Employer )
Name:
_____________________
Address:
_____________________
_____________________
_____________________
Tel. No:
_____________________
Fax No.
_____________________
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Procurement Manual
Instructions to Bidders
SECTION - A
1.
Scope of Works
The _____________________ (Employer) invites bids for the construction of
works as detailed in the table given below
Brief Description
of the Works
Approximate value
of Works (Rs.)
Period of Completion
The successful bidder will be expected to complete the works by the intended
completion date specified above.
2.
3.
(b)
(c)
(d)
Details of any litigation, current or during the last 3 years in which the
bidder is involved, the parties concerned and disputed amount in each
case.
(b)*
(c)*
167
4.
Procurement Manual
should not have been debarred (or dealings suspended) on the date of
bid opening for any period by the Central/State
Governments/undertaking or by the World Bank.
Bid Price
e)
The contract shall be for the whole works as described in drawings and
technical specifications. Corrections, if any, shall be made by crossing
out, initialing, dating, and rewriting.
f)
All duties, taxes and other levies payable by the contractor under the
contract shall be included in the total price.
g)
The rates quoted by the bidder shall be fixed for the duration of the
contract and shall not be subject to adjustment on any account.
5.
Submission of Bids
5.1
The bidder is advised to visit the site of works at his own expense and obtain
all information that may be necessary for preparing the bid.
5.2
5.3
ii.
Structural Details;
vi.
Draft Contract Agreement format which will be used for finalizing the
agreement for this Contract.
5.4
The bid submitted by the bidder shall comprise the following:(a) Bid in the format given in Section B.
(b) Signed Bill of Quantities ; and
(c) Qualification information form given in Section B duly completed.
5.5
Procurement Manual
5.6
5.7
Any bid received by the ......................., (Employer) after the deadline for
submission of bids will be rejected and returned unopened to the bidder.
6.
Validity of Bid
Bid shall remain valid for a period not less than 45 days after the deadline date
specified for submission.
7.
Opening of Bids
Bids will be opened in the presence of bidders or their representatives who
choose to attend on the date and time and at the place specified in sub-clause
5.6 above.
8.
9.
Evaluation of Bids
The Employer will evaluate and compare the bids determined to be
substantially responsive i.e. which
(a)
(b)
(c)
10.
Award of contract
The Employer will award the contract to the bidder whose bid has been
determined to be substantially responsive and who has offered the lowest
evaluated bid price and who meets the specified qualification criteria.
10.1
Notwithstanding the above, the Employer reserves the right to accept or reject
any bids and to cancel the bidding process and reject all bids at any time prior
to the award of contract.
10.2
The bidder whose bid is accepted will be notified of the award of contract by
the Employer prior to expiration of the bid validity period.
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11.
Procurement Manual
Performance Security
Within 15 days of receiving letter of acceptance, the successful bidder shall
deliver to the ................. (Employer) the performance security (either a bank
guarantee or a bank draft in favour of the Employer) for an amount
equivalent of 3 % of the contract price. The Performance Security shall be
valid till the expiry of the period of maintenance of the work, specified in
clause 12.
12.
Defects Liability:
The Defects Liability Period for the work is six months from the date of
taking over possession or one full monsoon season whichever occurs later.
During this period, the contractor will be responsible for rectifying any
defects in construction free of cost to the Employer.
13.
Supply of all construction materials including cement and steel as per the
specifications (ISI certification marked goods wherever available) shall be the
responsibility of the contractor.
.......................
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Procurement Manual
SECTION - B
4.
5.
6.
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QUALIFICATION INFORMATION
1.1
Projec
t
Name
1.2
1.3
Work performed as prime contractor (in the same name) on works of a similar
nature over the last three years.
Name
of
Employ
er
Descri
p-tion
of
work
Contra
ct No.
Value of
contract
(Rs.Lakh
s)
19_______________________
19_______________________
19_______________________
Date
of
issue
of
work
order
Stipulate
d period
of
completion
Actu
al
date
of
comp
letion
Remarks
explaining
reasons
for delay
and work
completed
Description
of Work
(1)
Place
&
State
(2)
*
**
Contract
No. &
Date
Value of
Contract
(Rs.
Lakh)
Stipulated
period of
completion
(3)
(4)
(5)
Value of
works*
remaining to
be completed
(Rs. Lakhs)
(6)
Anticipated
date of
completion
(7)
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Procurement Manual
Sections of the
works
Value of Subcontract
Sub-contractor
(name & address)
Experience in
similar work
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
1.5
1.6
Name, address, and telephone, telex, and fax numbers of the Bidders bankers
who may provide references if contacted by the Employer.
1.7
Other
party(ies)
Amount
involved
Remarks showing
present status
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Procurement Manual
BID FORM
*
Description of the Works :
To:
Subject
: Construction of ....................................................................
.............................................................................................
Reference
: Letter No....................................dated......................from...................
Sir,
We offer to execute the Works described in your letter referred to above in
accordance with the Conditions of Contract enclosed therewith at a total Fixed
Contract Price of Rs.** _________________________________________________ [ in figures ]
Rs. _________________________________________________ [ in words ].
This bid and your written acceptance of it shall constitute a binding contract between
us. We understand that you are not bound to accept the lowest or any bid you receive.
We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in bribery.
We hereby confirm that this bid is valid for 45 days as required in Clause 6 of the
Instructions to Bidders.
We have not been debarred/removed from approved list (dealings suspended) by the
Central or any State Government of by the World Bank.
Yours faithfully,
Authorized Signature
______________
Date:
**
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Procurement Manual
LETTER OF ACCEPTANCE
CUM NOTICE TO PROCEED WITH THE WORK
(LETTERHEAD OF THE EMPLOYER)
Dated : ____________________________
Dear Sirs,
This is to notify you that your Bid dated ____________________ for
execution
of
the
_____________________________________________________________ for the
contract price of Rupees __________________________________________ [amount
in words and figures], is hereby accepted by us.
You are hereby requested to furnish performance security for an amount of Rs.
____________________ (equivalent to 3% of the contract price) within 15 days of
the receipt of the letter. The Performance Security in the form of Bank guarantee or a
Bank draft in favour of ..........................(Employer) shall be valid till the expiry of the
period of maintenance i.e. upto ______________________. Failure to furnish the
Performance Security will entail cancellation of the award of contract.
You are also requested to sign the agreement form and proceed with the work
not later than ____________________________ under the instructions of the
Engineer, ____________________________ and ensure its completion within the
contract period.
With the issuance of this acceptance letter and your furnishing the
Performance Security, contract for the above said work stands concluded.
Yours
faithfully,
Authorized Signature
Name and title of
Signatory
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Procurement Manual
The total cost of the works (hereinafter referred to as the total cost) is Rs.
____ as reflected in Annexure - 1.
3.1
Payments to the second party for the construction work will be released by the
first party in the following manner :On signing of agreement
:
:
:
(The above payment terms have been drafted for construction of school
buildings; modify this suitably for other works)
3.2
(b)
(c)
176
4.
Procurement Manual
5.
Completion time
The works should be completed in _____________ (months/weeks/days) from
the date of this Agreement. In exceptional circumstances, the time period
stated in this clause may be extended in writing by mutual consent of both the
parties.
6.
7.
If any of the compensation events mentioned below would prevent the work
being completed by the intended completion date, the first party will decide on
the intended completion date being extended by a suitable period :
a)
The first party does not give access to the site or a part thereof by the
agreed period.
b)
The first party orders a delay or does not issue completed drawings,
specifications or instructions for execution of the work on time.
c)
d)
e)
Any willful delay on the part of the second party in completing the
construction within the stipulated period will render him liable to pay
liquidated damages. @ Rs. *____________ per day which will be deducted
from payments due to him. The first party may cancel the contract and take
recourse to such other action as deemed appropriate once the total amount of
liquidated damages exceeds 2 % of the contract amount.
(Note : The amount of liquidated damages per day should be determined
at not less than 0.05 % of the contract value of the works and indicated
here).
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Procurement Manual
8.
8.1
The first party shall be responsible for providing regular and frequent
supervision and guidance to the second party for carrying out the works as per
specifications. This will include written guidelines and regular site visit of the
authorized personnel of the first party, for checking quality of material and
construction to ensure that it is as per the norms.
8.2
The first party shall supply 3 sets of drawings, specifications and guidelines to
the second party for the proposed works.
8.3
Possession of the site will be handed over to the second party within 10 days
of signing of the agreement.
8.4
The Engineer or such other person as may be authorized by the first party shall
hold meeting once in a month where the second party or his representative at
site will submit the latest information including progress report and difficulties
if any, in the execution of the work. The whole team may jointly inspect the
site on a particular day to take stock of activities.
8.5
The Engineer shall record his observations/instructions at the time of his site
visit in a site register maintained by the second party. The second party will
carry out the instructions and promptly rectify any deviations pointed out by
the engineer. If the deviations are not rectified, within the time specified in
the Engineers notice, the first party as well as the engineer nominated by it,
may instruct stoppage or suspension of the construction. It shall thereupon be
open to the first party or the engineer to have the deviations rectified at the
cost of the second party.
9.
9.1
take up the works and arrange for its completion within the time period
stipulated in clause 5;
b)
c)
d)
e)
f)
g)
178
10.
Procurement Manual
h)
be responsible for all security and watch and ward arrangements at site
till handing over of the building to the first party ; and
i)
j)
Pay all duties, taxes and other levies payable by construction agencies
as per law under the contract (First party will effect deduction from
running bills in respect of such taxes as may be imposed under the
law).
11.
a)
The second party shall provide the Engineer with a bid for carrying out
the extra items when requested to do so by the Engineer. The Engineer
shall assess the bid, which shall be given within seven days of the
request before the extra items are ordered.
b)
If the bid given by the second party is unreasonable, the Engineer may
order the extra items and make a change to the Contract Price which
shall be based on Engineers own forecast of the effects of the extra
items on the Contractors costs.
c)
The second party shall not be entitled to additional payment for costs,
which could have been avoided by giving early warning.
Securities
The Performance Security shall be provided to the Employer no later than the
date specified in the Letter of Acceptance and shall be issued in an
amount and form and by a bank or surety acceptable to the Employer.
The Performance Security shall be valid until a date 28 days from the
date of issue of the Certificate of Completion in the case of a Bank
Guarantee.
12.
Termination
12.1 The Employer may terminate the Contract if the other party
causes a fundamental breach of the Contract.
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Procurement Manual
the contractor stops work for 28 days and the stoppage has not
been authorized by the Engineer;
(b)
(d)
12.3
Notwithstanding the above, the Employer may terminate the Contract for
convenience.
12.4
If the Contract is terminated the Contractor shall stop work immediately, make
the Site safe and secure and leave the Site as soon as reasonably possible.
13.
13.2
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Procurement Manual
Dispute settlement
If over the works, any dispute arises between the two parties, relating to any
aspects of this Agreement, the parties shall first attempt to settle the dispute
through mutual and amicable consultation.
In the event of agreement not being reached, the matter will be referred for
arbitration by a Sole Arbitrator not below the level of retired Chief Engineer /
Superintending Engineer, (not connected in part or whole with this Project in
his service) to be appointed by the first party. The Arbitration will be
conducted in accordance with the Arbitration and Conciliation Act, 1996. The
decision of the Arbitrator shall be final and binding on both the parties.
181
Procurement Manual
Annexure I
BILL OF QUANTITIES
The approximate Bill of Quantities is indicated below to give an idea of the work
which should be executed in accordance with the approved drawings and
specifications to enable the bidder to furnish the lumpsum price. Bidders may,
however, note that no variations in the lumpsum cost is acceptable (except where
extra items are ordered by the Engineer).
Sl.No.
Description of Work
Unit
Qty.
We agree to execute the works in accordance with the approved drawings and
technical
specifications at a total fixed contract price of Rs...........(amount in
figures)
(Rs............ amount in words).
Signature of Contractor
Note:
Where there is a discrepancy between the rate in figures and words, the rates in
words will govern.
182
Procurement Manual
Annexure - 2
Format of certificate
Certified that the works upto -------------------------------------------------- level in
respect of construction of ------------------------------------- at ---------------------------------- have been executed in accordance with the approved drawings and technical
specifications.
Signature
Name &
(Official address)
Designation
Place :
Date :
Office seal
183
Procurement Manual
To:
Gentlemen:
In accordance with the provisions of the Conditions of Contract, subclause 3.1
of the above-mentioned Contract, ________________________________ [name and
address of Contractor] (hereinafter called "the Contractor") shall deposit with
________________________ [name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Clause of the Contract in an amount of
_____________ [amount of guarantee] 1_________________________________ [in
words].
We, the ____________________ [bank or financial institution], as instructed
by the Contractor, agree unconditionally and irrevocably to guarantee as primary
obligator and not as Surety merely, the payment to ____________________ [name of
Employer] on his first demand without whatsoever right of objection on our part and
without his first claim to the Contractor, in the amount not exceeding
____________________
[amount
of
guarantee]1
__________________________________ [in words].
We further agree that no change or addition to or other modification of the
terms of the Contract or of Works to be performed thereunder or of any of the
Contract documents which may be made between _____________________ [name of
Employer] and the Contractor, shall in any way release us from any liability under
this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until _________________________ [name of
Employer] receives full repayment of the same amount from the Contractor.
Yours truly,
184
Procurement Manual
To:
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
185
Procurement Manual
LIST
OF
ANNEXES
186
Procurement Manual
Annex. P-I/1
Description of Work
Est. Cost
(Rs. in
millions)
Year-wise Procurement
I
1.
Single Village
Schemes (SV)
2.
3.
Single Village
Scheme/ sliced
- Drilling of bore
well
- Pumping
equipment
- Const. of OHSR
- Water supply
distribution system
- Sewerage
collection system
- Sewerage
treatment plant
II
III
IV
Remarks on
proposed
Method of
Procurement
[ICB, NCB, Three
Quotations,
D.C./F.A.]
4.
5.
187
Procurement Manual
Annex P-I/2
Number
Mode of
Tendering*
Est.Cost
(Rs. M)
II
III
IV
Remarks on
Proposed
Methods of
Procurement
(ICB/LIB/NCB/
Shopping [I or
N]/D.C.)
V
Goods:
1.
2.
3.
4.
5.
Equipment:
1.
2.
3.
4.
5.
Vehicles:
1.
2.
3.
4.
5.
Furniture:
1.
2.
3.
4.
5.
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Procurement Manual
Annex P-I/3
Estimated
Man
months
Estimated
Cost
Year wise
Procurement
II
III
Remarks
on
Proposed Method of
Procurement
[QCBS/QBS/Least
Cost/Fixed Budget/
Qualifications/Single
Source etc.]
IV
International :
1.
2.
3.
4.
5.
National :
1.
2.
3.
4.
5.
Individual or Sole
Source :
1.
2.
3.
4.
189
Procurement Manual
Annex P-I/4
Packages Exceeding
Rs. 45.00 lakhs
No.
1.0
Total Value
No.
Total Value
Packages Below
Rs. 13.50 lakhs
No.
Total
Value
Works
1.1
Single village
Scheme
1.2
Multi village
scheme
1.3
Single Village
Scheme / sliced
- Tubewell
- OHSR
- Pumping
equipment
- OHSR distribution
system
- Sewerage
collection system
1.4
1.5
Packages Exceeding
Rs. 90.00 lakhs
No.
2.0
Total Value
Packages
equivalent of
Rs. 45.00 lakhs
or less but
more than
Rs. 22.50 lakhs
No.
Total
Value
Packages
equivalent of
Rs. 22.50 lakhs or
less but more
than
Rs. 13.50 lakhss
No.
Total
Value
Packages
equivalent of
Rs. 13.50 lakhs
or Less
No.
Total
Value
Goods
2.1
Equipment and
Instruments
2.2
Vehicles
2.3
Computer Hardware /
Software
2.4
Furniture
2.5
3.0
Consultancy
3.1
3.2
3.3
4.0
5.0
6.0
..
..
..
Training and Workshop
Professional Services Fee
Operating Expenses and
Maintenance
6.1
Hiring of Vehicles
6.2
Maintenance of Vehicles
and Equipment
6.3
Office Supplies
(Consumables)
Packages Between
Rs. 45.00 lakhs and
Rs. 90.00 lakhs
Packages
Equivalent of
Rs. 13.50 or Less
190
Procurement Manual
Annex /P-I/5
191
Procurement Manual
Annex P-I/6
PROCUREMENT PLAN FOR CONSULTANCY (Excel Sheet Attached
separately)
192