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FRINEDS CONSULTING GROUP

BIDDING DOCUMENTS
(PROCUREMENT OF WORKS FOR LARGE PROJECTS)

CONSTRUCTION OF RESIDENSIAL
BUILDING

AT BOLE,
DISTRICT IN ADAMA, OROMIA, ETHIOPIA

Prepared by

Bid Evaluation and Award Committee


, FRINEDS CONSULTING GROUP (FCG)
Phone no +251949296083
PO Box 1085, road off Bole Road
, adama, Oromia
Ethiopia

December 15, 2020


Table of Contents

Invitation to Apply for international and domestic offers applicable Eligibility and to
Bid..............................................................................

Section 1. Instructions to Bidders.....................................................4


Table of Clauses......................................................................5
A. General ..........................................................7
B. Bidding Documents...........................................................10
C. Preparation of Bids............................................................11
D. Submission of Bids............................................................15
E. Bid Opening and Evaluation..............................................17
F. Award of Contract..............................................................20
Section 2. Forms of Bid and Bill of Quantities, Qualification Information, Letter
of Acceptance, and Contract Agreement.....................................................23
Table of Standard Forms..............................................................................23
Standard Form: Contractor’s Bid.................................................................24
Standard Form: Qualification Information..................................................28
Standard Form: Letter of Acceptance..........................................................32
Standard Form: Construction Contract........................................................33
2
INVITATION FOR TENDER
CONSTRUCTION OF RESIDENTIAL BUILDING AT BOLE, ADAMA
OROMIA, ETHIOPIA

19th December 2020

Friends consulting group (FCG) is government CONSULTING company established in 2019


and is committed

In the framework of constructing Residential building at adama district in Oromia, Ethiopia


(FCG) invites tenders from Class 2 Building Construction Companies for the construction
of buildings and services facilities mentioned below.

Work Work description Class


Construction of Construction of G+2 buildings including Living
residential building and dining room, modern kitchen,5 bead room,
center at bole, including toilet, mads room, toilets and, water
ADAMA in Oromia, supply and sewerage, drainage, security wall, Class 2
Ethiopia electrical supply and data cabling above
networks.

The bid shall contain information on the following a) range of relevant constructing services
offered, b) qualification and experience of relevant professionals and technical personnel
currently maintained c) track record and experience of the firm in similar assignment
including list of major clients served and d) other relevant information.

Interested Class2 Building Contractors may obtain tender documents and further
information from FCG at the above office address from 20/12/2020 to 27/12/2020, from
09:00AM -3:00PM.

A bidding conference will be held on 30th DECEMBER 2020 at 09.00 am at FCG office, IN
Rift valley university, followed by the site visit.

The bid shall be submitted in original and duplicate copy and should be received either by
hand or through mail by FCG with office address at P. O. Box 1085, Slipway road off bole
Road, adama, Ethiopia not later than 2.00 p.m. on 1st January 2021. Bids will be opened at
the same venue at 2.30 PM on 1st January, 2021 in the presence of the Contractors who wish
to attend. Late bids shall be rejected.

Bids shall be valid for a period of 90 calendar days after submission of Bids and must be
accompanied by a Bid Security in the amount of 2.0% of the total Bid price in the form of
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Bank Guarantee.

FCG reserves the right to accept or reject any bid, and to annul the selection process and
reject all tenders at any time, without thereby incurring any liability to the affected
Companies.

Very truly yours,

Chairman,
Procurement Committee,
Friends consulting group,
Rift valley university P.O. Box 1085
road off Franco main Road
adama,
Oromia
Ethiopia.
Section 1. Instructions to Bidders
Section 1. Instructions to Bidders Table of Clauses

A. General................................................................................................................................7
1. Scope of Bid...............................................................................................................7
2. Source of Funds.........................................................................................................7
3. Eligible Bidders.........................................................................................................7
4. Qualification of the Bidder........................................................................................8
5. One Bid per Bidder....................................................................................................9
6. Cost of Bidding..........................................................................................................9
7. Site Visit.....................................................................................................................9

B. Bidding Documents..........................................................................................................10
8. Content of Bidding Documents...............................................................................10
9. Clarification of Bidding Documents........................................................................10
10. Amendment of Bidding Documents......................................................................10

C. Preparation of Bids..........................................................................................................11
11. Language of Bid.....................................................................................................11
12. Documents Comprising the Bid.............................................................................11
13. Bid Prices...............................................................................................................13
14. Currencies of Bid and Payment.............................................................................14
15. Bid Validity............................................................................................................14
16. Bid Security...........................................................................................................14
17. Alternative Proposals by Bidders...........................................................................15
18. Format and Signing of Bid.....................................................................................15

D. Submission of Bids...........................................................................................................15
19. Sealing and Marking of Bids.................................................................................15
20. Deadline for Submission of Bids...........................................................................16
21. Late Bids................................................................................................................16
22. Modification and Withdrawal of Bids...................................................................16

E. Bid Opening and Evaluation...........................................................................................17


23. Bid Opening...........................................................................................................17
24. Process to Be Confidential.....................................................................................17
25. Clarification of Bids and Contacting IOM.............................................................17
26. Examination of Bids and Determination of Responsiveness.................................18
27. Correction of Errors...............................................................................................18
28. Currency for Bid Evaluation..................................................................................19
29. Evaluation and Comparison of Bids......................................................................19
30. Preference for Domestic Bidders...........................................................................19
F. Award of Contract............................................................................................................20
31. Award Criteria.......................................................................................................20
32. FCG Right to Accept any Bid and to Reject any or all Bids.................................20
33. Notification of Award and Signing of Agreement.................................................20
34. Performance Security.............................................................................................20
35. Advance Payment and Security.............................................................................21
36. Adjudicator............................................................................................................21
37. Corrupt or Fraudulent Practices.............................................................................22
Instructions to Bidders
A. General

1. Scope of Bid Friends Consulting Group invites bids for the


construction of construction of residential building District
in adama which consist of constructing office buildings, bed
room, living and dining room including all sanitaria and
electrical work and other work development works hereto
referred as Works.

1.1 The successful Bidder will be expected to complete the


Works by the Intended Completion Date [197days] after
recommended bidder receives the Notice of Award (NOA)

2. Source of (optional clause)


Funds
3. Eligible 3.1 This Invitation for Bids is open to contractors who are
Bidders registered under the Contractor’s Registration Board of friend
consulting group as class 3 contractors in building
construction category. Any materials, equipment, and services
to be used in the performance of the Contract shall have their
origin in eligible source countries.

3.2 All bidders shall provide in Section 2, Forms of Bid and


Qualification Information, a statement that the Bidder
(including all members of a joint venture and
subcontractors) is not associated, nor has been associated in
the past, directly or indirectly, with the consultant or any
other entity that has prepared the design, specifications, and
other documents for the Project or being proposed as Project
Manager for the Contract. A firm that has been engaged by
us to provide consulting services for the preparation or
supervision of the Works, and any of its affiliates, shall not
be eligible to bid.

3.3 Bidders shall not be under a declaration of ineligibility for


corrupt and fraudulent practices issued by our in accordance
with sub-clause 37.1.
8

4. 4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, and a
Qu preliminary description of the proposed work method and schedule, including drawings
ali and charts, as necessary.
fic
ati 4.2 In the event that pre-qualification of potential bidders has been undertaken, only bids from
on pre-qualified bidders will be considered for award of Contract. These qualified bidders
of
should submit with their bids any information updating their original pre-qualification
the
Bi applications or, alternatively, confirm in their bids that the originally submitted pre-
dd qualification information remains essentially correct as of the date of bid submission. The
er update or confirmation should be provided in Section 2.

4.34.3

4.4 Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements (if joint venture is allowed):

(a) the Bid shall include all the information listed in Sub- Clause 4.3 above for each joint
venture partner;

(b) the Bid shall be signed so as to be legally binding on all partners;

(c) all partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms;

(d) one of the partners will be nominated as being in charge, authorized to incur
liabilities, and receive instructions for and on behalf of any and all partners of the
joint venture; and

(e) the execution of the entire Contract, including payment, shall be done exclusively
with the partner in charge.

4.5 To qualify for award of the Contract, bidders shall meet the following minimum qualifying
criteria:

(a) annual volume of construction work of at least [5 million birr in the last five years] ;

(b) experience as prime contractor in the construction of at least [at least 2 Works] works
of a nature and complexity equivalent to the Works over the last [ 2 years] years, to
comply with this requirement, cost of
works cited should be at least equivalent to [ 1.5
million birr] of the estimated project cost and should
be at least 70 percent complete;

(c) proposals for the timely acquisition (own, lease, hire,


etc.) of the essential equipment listed in the
Qualification Information;

(d) a Contract Manager with [2 years and above] years’


experience in works of an equivalent nature and
volume, including no less than one years as Manager;
and

A consistent history of litigation or arbitration awards against


the Applicant or any partner of a Joint Venture may result in
disqualification.

4.6 The figures for each of the partners of a joint venture shall be
added together to determine the Bidder’s compliance with
the minimum qualifying criteria of Sub-Clause 4.5(a) and
(e); however, for a joint venture to qualify, each of its
partners must meet at least 25 percent of minimum criteria
4.5(a), (b), and (e) for an individual Bidder, and the partner
in charge at least 40 percent of those minimum criteria.
Failure to comply with this requirement will result in
rejection of the joint venture’s Bid. Subcontractors’
experience and resources will not be taken into account in
determining the Bidder’s compliance with the qualifying
criteria, unless otherwise stated in the Bidding Data.

5. One Bid per 5.1 Each Bidder shall submit only one Bid, either individually or
Bidder as a partner in a joint venture. A Bidder who submits or
participates in more than one Bid (other than as a
subcontractor or in cases of alternatives that have been
permitted or requested) will cause all the proposals with the
Bidder’s participation to be disqualified.

6. Cost of 6.1 The Bidder shall bear all costs associated with the preparation
Bidding and submission of his Bid, and friends consulting group
will in no case be responsible or liable for those costs.

7. Site Visit 7.1 The site visit will be on 29th DECEMBER 2020 after the pre
bid meeting The Bidder, at the Bidder’s own responsibility
and risk, is encouraged to visit and examine the Site of
Works and its surroundings and obtain all information that
may be
10

necessary for preparing the Bid and entering into a contract


for construction of the Works. The costs of visiting the Site
shall be at the Bidder’s own expense.

B. Bidding Documents

8. Content of 8.1 The set of bidding documents comprises the documents


Bidding listed in the table below and agenda issued in accordance
Documents with Clause 10:

Section 1 Instructions to Bidders


2 Forms of Bid, Qualification Information, Letter of
Acceptance, Contract Agreement
3 Contract for Construction works
4 Bill of Quantities
5. Technical Specifications
6. Forms of Securities

8.2 Complete copies of the bidding documents are supplied to the


prospective Bidder free of charge. The number of copies to
be completed and returned with the Bid shall be two (original
and duplicate).Construction drawings, Technical
specifications and Bill of quantities will be provided in word
forms ( original and duplicate)and those are to be submitted
along with the bid. BoQ’s are formatted for auto
multiplications and the bidder should fill the rate column of
the BoQ and Total amount of each BoQ should be carried
forward to the Summary table in the bidding document.

9. Clarification of 9.1 A prospective Bidder requiring any clarification of the bidding


Bidding documents may notify FRAINDS CONSULTIG GROUP
Documents in writing by email at naolmiresa09@gmail.com. will
respond to any request for clarification received earlier than
[5 days] prior to the deadline for submission of bids. Copies
of our response will be forwarded to all purchasers of the
bidding documents, including a description of the inquiry,
but without identifying its source no later than [5 days]
before submission of bids.
10. Amendment of 10.1 5 days before the deadline for submission of bids, notify
Bidding FRAINDS CONSULTIG GROUP may modify the bidding
Documents documents by issuing agenda

10.2 Any agenda thus issued shall be part of the bidding


documents and shall be communicated in writing to all
bidders. Prospective bidders shall acknowledge receipt of
each addendum by cable to FCG.

10.3 To give prospective bidders reasonable time in which to take


an addendum into account in preparing their bids, our shall
extend, as necessary, the deadline for submission of bids, in
accordance with Sub-Clause 20.2 below.

C. Preparation of Bids

11. Language of 11.1 All documents relating to the Bid shall be in [in English]
Bid language.

12. Documents 12.1 The Bid submitted by the Bidder shall comprise the
Comprisin following:
g the Bid Companies profile including particulars of owners, board of
directors, contract details, company organization chart,
Key staff, bankers, copies of original documents
defining the constitution or legal status, (TIN and VAT
certificates issued by Ethiopia Revenue Authority,
contract registration of contractors, registration board,
registration under company ordinance etc) place of
registration, and principal place of business; written
power of attorney of the signatory of the Bid to commit
the Bidder;

(b) total monetary value of construction work performed


for each of the last2 years and ongoing projects
experience for complete projects should be supported
by a completion certificate and, for ongoing project by
a referral letter from client. Please see annex E and F

(c) experience in works of a similar nature and size for


each of the last seven years, and details of work under
way or contractually committed; and clients who may
be contacted for further information on those contracts;
Experience for completed project should be supported
by a completion certificate and, for ongoing projects by
referral letter from the client. Please see Annex E

(d) major items of construction equipment proposed to


carry out the Contract;

(e) qualifications and experience of key site management


and technical personnel proposed for the Contract;

(f) reports on the financial standing of the Bidder, such as


profit and loss statements, balance sheet and auditor’s
reports for the past 2 years;

(g) evidence of adequacy of working capital for this


Contract (access to line(s) of credit and availability of
other financial resources);
(h) authority to seek references from the Bidder’s Banks;

(i) information regarding any litigation, current or during


the last 2 years, in which the Bidder is involved, the
parties concerned, and disputed amount; and

(j) proposals for subcontracting components of the Works


amounting to more than 10 percent of the Contract
Price.

12.1.1 Technical Documents –

a) Bid Security as to form, amount, and validity period;

b) Authority of the signing official;

c) Construction schedule and S-curve;

d) Manpower schedule ;( Please see Annex G)

e) Construction methods;

f) Organizational chart for the contract to be Bid;

g) List of contractor’s personnel (viz., Project Manager, Project


Engineers, Materials Engineers, and Foremen), to be assigned
to the contract to be Bid, with their complete qualification and
experience data;

h) List of contractor’s equipment units, which are owned, leased,


and/or under purchase agreements, supported by certification
of availability of equipment from the equipment lessor/vendor
for the duration of the project;

i) Equipment utilization schedule ( please see Annex H)

j) Affidavit of site inspection;

k) Written commitment from the contractor’s bank to extend to it


a credit line if awarded the contract to be Bid, or a cash
deposit certificate specifically committed to the contract or
project, if awarded, in an amount not lower than [10000000
birr];

l) Environment safety and health program of the contractor;

m) Quality assurance and quality management plans including


13

planning and controlling tools.

n) Certificate from the Bidder under oath of its compliance with


existing labor laws and standards;

o) All Bid Bulletins/Addenda

Note: Please note that the bidders can submit a single affidavit for
items i under clause 12.1, j and o under clause 12.1.1
p) Any other documents as specified

12.1.2 Financial Documents –

a) Contractors Bid and priced Bill of Quantities in the prescribed


Bid Form;

b) Rate analysis of construction for two or more BoQ items


including material rates, labor rates, profit and overhead and
any other cost incurred

c) The unit prices of construction materials, labor rates and


equipment rentals used in coming up with the Bid
d) Cash flow by the quarter and payments schedule; and

e) Any other documents as specified

13. Bid Prices 13.1 The Contract shall be for the whole Works, as described in
Sub-Clause 1.1, based on the priced Bill of Quantities
submitted by the Bidder.

13.2 The Bidder shall fill in VAT Exclusive and prices for all
items of the Works described in the Bill of Quantities. Items
for which no rate or price is entered by the Bidder will not be
paid for by FCG when executed and shall be deemed
covered by the other rates and prices in the Bill of Quantities.

13.3 The rates and prices quoted by the Bidder shall not be
subjected to adjustment during the performance of the
Contract unless provided for in the Conditions of Contract.
14. Currencies of 14.1 The unit rates and prices shall be quoted by the Bidder
Bid and entirely in the [Ethiopian birr] currency.
Payment

15. Bid Validity 15.1 Bids shall remain valid for [90 days after the deadline for
bid submission] days.

15.2 In exceptional circumstances, NAOL&FRAINDS


CONSULTIG GROUP may request that the bidders extend
the period of validity for a specified additional period but in
no case more than 60 days. The request and the bidders’
responses shall be made in writing or by cable. A Bidder
may refuse the request without forfeiting the Bid Security. A
Bidder agreeing to the request will not be required or
permitted to otherwise modify the Bid, but will be required
to extend the validity of Bid Security for the period of the
extension, and in compliance with Clause 16 in all respects.

16. Bid Security 16.1 The Bidder shall furnish, as part of the Bid, a Bid Security in
in the amount of [1.5% of the total bid amount].

16.2 The Bid Security shall, at the Bidder’s option, be in the form
of a certified check, bank draft, letter of credit, or a bank
guarantee from a reputable bank located in the country of
FCG Mission or abroad. The format of the Bid Security
should be in accordance with the form of Bid Security
included in Section 8 or another form acceptable by us. Bid
Security shall be valid for 28 days beyond the validity of the
Bid.

16.3 Any bid not accompanied by an acceptable Bid Security


shall be rejected by us. The Bid Security of a joint venture
must define as “bidder” all joint venture partners and list
them in the following manner: a joint venture
consisting of “ ,” “ ,” and “ ”.

16.4 The Bid Security of unsuccessful bidders will be returned


within 28 days of the end of the Bid validity period specified
in Sub-Clause 15.1.

16.5 The Bid Security of the successful Bidder will be discharged


when the Bidder has signed the Agreement and furnished the
required Performance Security.

16.6 The Bid Security may be forfeited

(a) if the Bidder withdraws the Bid after Bid opening


during the period of Bid validity;
(b) if the Bidder does not accept the correction of the Bid
price, pursuant to Clause 27; or

(c) in the case of a successful Bidder, if the Bidder fails


within the specified time limit to

(i) sign the Agreement; or

(ii) furnish the required Performance Security.

17. Alternative 17.1 Alternative proposals to the requirements of the bidding


Proposals by documents will not be permitted.
Bidders
18. Format and 18.1 The Bidder shall prepare one original of the documents
Signing of Bid comprising the Bid as described in Clause 12 of these
Instructions to Bidders, bound with the volume containing
the Form of Bid, and clearly marked “ORIGINAL.” In
addition, the Bidder shall submit a photocopy of the Bid, and
clearly marked as “COPIES.” In the event of discrepancy
between them, the original shall prevail.

18.2 The original and all copies of the Bid shall be typed or
written in indelible ink and shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder,
pursuant to Sub-Clauses 4.3(a) or 4.4(b), as the case may be.
All pages of the Bid where entries or amendments have been
made shall be initialed by the person or persons signing the
Bid.

18.3 The Bid shall contain no alterations or additions, except


those to comply with instructions issued by the Mission, or
as necessary to correct errors made by the Bidder, in which
case such corrections shall be initialed by the person or
persons signing the Bid.

18.4 The Bidder shall furnish information as described in the


Form of Bid on commissions or gratuities, if any, paid or to
be paid to agents relating to this Bid, and to contract
execution if the Bidder is awarded the contract.

D. Submission of Bids

19. Sealing and 19.1 The Bidder shall seal the original and all copies of the Bid in
Marking of two inner envelopes and one outer envelope, duly marking
Bids the inner envelopes as “ORIGINAL” and “COPIES”.
19.2 The inner and outer envelopes shall

(a) be addressed to:


friends consulting group, P.O.Box
1850
road off Franco main Road
adama,
Oromia
Ethiopia.

(b) bear the name and identification number of the


Contract residential building at bole, District in adama
Oromia region and

(c) provide a warning not to open before the specified time


and date for Bid opening as defined in Sub-clause 20.1

19.3 In addition to the identification required in Sub-Clause 19.2,


the inner envelopes shall indicate the name and address of
the Bidder to enable the Bid to be returned unopened in case
it is declared late, pursuant to Clause 21.

19.4 If the outer envelope is not sealed and marked as above, by


us will assume no responsibility for the misplacement or
premature opening of the Bid.

20. Deadline for 20.1 Bids shall be delivered to FCG at the address specified above
Submission of no later than 2:00PM on 30 DECEMBER, , 2020
Bids 20.2 FRAINDS CONSULTIG GROUP may extend the deadline
for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all rights and
obligations of by us and the bidders previously subject to the
original deadline will then be subject to the new deadline.

21. Late Bids 21.1 Any Bid received by us after the deadline prescribed in
Clause 20 will be returned unopened to the Bidder.

22. Modification 22.1 Bidders may modify or withdraw their bids by giving notice
and in writing before the deadline prescribed in Clause 20.
Withdrawal of
Bids 22.2 Each Bidder’s modification or withdrawal notice shall be
prepared, sealed, marked, and delivered in accordance with
Clauses 18 and 19, with the outer and inner envelopes
additionally marked “MODIFICATION” or
“WITHDRAWAL,” as appropriate.

22.3 No Bid may be modified after the deadline for submission of


Bids.
22.4 Withdrawal of a Bid between the deadline for submission of
bids and the expiration of the period of Bid validity or as
extended pursuant to Sub-Clause 15.2 may result in the
forfeiture of the Bid Security pursuant to Clause 16.

22.5 Bidders may only offer discounts to, or otherwise modify the
prices of their bids by submitting Bid modifications in
accordance with this clause, or included in the original Bid
submission.

E. Bid Opening and Evaluation

23. Bid Opening 23.1 FCG will open the bids, including modifications made
pursuant to Clause 22, in the presence of the bidders’
representatives who choose to attend on [1st , January 2021
at 2:30 PM in Ethiopian time]

23.2 Envelopes marked “WITHDRAWAL” shall be opened and


read out first. Bids for which an acceptable notice of
withdrawal has been submitted pursuant to Clause 22 shall
not be opened.

23.3 The bidders’ names, the Bid prices, the total amount of each
Bid, any discounts, Bid modifications and withdrawals, the
presence or absence of Bid Security, and such other details
as by us may consider appropriate, will be announced by us
at the opening.

23.4 FCG will prepare minutes of the Bid opening, including the
information disclosed to those present in accordance with
Sub-Clause 23.3.

24. Process to Be 24.1 Information relating to the examination, clarification,


Confidential evaluation, and comparison of bids and recommendations for
the award of a contract shall not be disclosed to bidders or
any other persons not officially concerned with such process
until the award to the successful Bidder has been announced.
Any effort by a Bidder to influence by us processing of bids
or award decisions may result in the rejection of his Bid.

25. Clarification of 25.1 To assist in the examination, evaluation, and comparison of


Bids and bids, by us may, at FCGs discretion, ask any Bidder for
Contacting the clarification of the Bidder’s Bid, including breakdowns of
FCG unit rates. The request for clarification and the response shall
be in writing or by cable, telex, or facsimile, but no change
in the price or substance of the Bid shall be sought, offered,
or
permitted except as required to confirm the correction of
arithmetic errors discovered by us in the evaluation of the
bids in accordance with Clause 27.

25.2 Subject to Sub-Clause 25.1, no bidder shall contact by us on


any matter relating to its bid from the time of bid opening to
the time the contract is awarded. If the bidder wishes to bring
additional information to the notice of FCG, it should do so
in writing.

25.3 Any effort by the Bidder to influence BY US in the bid


evaluation, bid comparison or contract award decisions may
result in the rejection of the Bidders’ bid.

26. Examination of 26.1 Prior to the detailed evaluation of bids, FCG will determine
Bids and whether each Bid (a) meets the eligibility criteria defined in
Determination Clause 3; (b) has been properly signed; (c) is accompanied
of by the required securities; and (d) is substantially responsive
Responsiveness to the requirements of the bidding documents.

26.2 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 (a) which affects in
any substantial way the scope, quality, or performance of the
Works; (b) which limits in any substantial way, inconsistent
with the bidding documents, the FCG’s rights or the Bidder’s
obligations under the Contract; or (c) whose rectification
would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.

26.3 If a Bid is not substantially responsive, it will be rejected by


US, and may not subsequently be made responsive by
correction or withdrawal of the nonconforming deviation or
reservation.

27. Correction of 27.1 Bids determined to be substantially responsive will be


Errors checked by us for any arithmetic errors. Errors will be
corrected by us as follows:

(a) where there is a discrepancy between the amounts in


figures and in words, the amount in words will govern;
and
(b) where there is a discrepancy between the unit rate and
the line-item total resulting from multiplying the unit
rate by the quantity, the unit rate as quoted will govern,
unless in the opinion of group there is an obviously
gross misplacement of the decimal point in the unit
rate, in which case the line- i t e m total as quoted
will
govern, and the unit rate will be corrected.
27.2 The amount stated in the Bid will be adjusted by us in
accordance with the above procedure for the correction of
errors and, with the concurrence of the Bidder, shall be
considered as binding upon the Bidder. If the Bidder does not
accept the corrected amount, the Bid will be rejected, and the
Bid Security may be forfeited in accordance with Sub-
Clause 16.6(b).

28. Currency for 28.1 Bids will be evaluated as quoted in the currency of the
Bid Evaluation FRAINDS CONSULTIG GROUP country as defined in Sub-
Clause 14.1.
29. Evaluation and 29.1 N&FCG will evaluate and compare only the bids determined
Comparison of to be substantially responsive in accordance with Clause 26.
Bids
29.2 In evaluating the bids, by us will determine for each Bid the
evaluated Bid price by adjusting the Bid price as follows:

(a) making any correction for errors pursuant to Clause 27;

(b) excluding provisional sums and the provision, if any,


for contingencies in the Bill of Quantities, but
including Day work, where priced competitively;

(c) making an appropriate adjustment for any other


acceptable variations, deviations, or alternative offers
submitted in accordance with Clause 17; and

(d) making appropriate adjustments to reflect discounts or


other price modifications offered in accordance with
Sub-Clause 22.5.

29.3 the groups reserve the right to accept or reject any variation,
deviation, or alternative offer. Variations, deviations, and
alternative offers and other factors which are in excess of the
requirements of the bidding documents or otherwise result in
unsolicited benefits for will not be taken into account in Bid
evaluation.

29.4 The estimated effect of any price adjustment conditions


under Clause 47 of the Conditions of Contract, during the
period of implementation of the Contract, will not be taken
into account in Bid evaluation.

30. Preference for Applicable


Domestic
Bidders
F. Award of Contract

31. Award 31.1 Subject to Clause 32, by groups will award the Contract to the
Criteria Bidder whose Bid has been determined to be substantially
responsive to the bidding documents and who has offered the
lowest evaluated Bid price, provided that such Bidder has
been determined to be (a) eligible in accordance with the
provisions of Clause 3, and (b) qualified in accordance with
the provisions of Clause 4.

32.FCG Right to 32.1 Notwithstanding Clause 31, By groups reserves the right to
Accept any Bid accept or reject any Bid, and to cancel the bidding process
and to Reject and reject all bids, at any time prior to the award of Contract,
any or all Bids without thereby incurring any liability to the affected Bidder
or bidders or any obligation to inform the affected Bidder or
bidders of the grounds for the group’s action.

33. Notification of 33.1 The Bidder whose Bid has been accepted will be notified of
Award and the award by groups prior to expiration of the Bid validity
Signing of period by cable, telex, or facsimile confirmed by registered
Agreement letter. This letter (hereinafter called the “Letter of
Acceptance”) will state the sum that FRAINDS
CONSULTIG GROUP will pay the Contractor in
consideration of the execution, completion, and maintenance
of the Works by the Contractor as prescribed by the Contract
(hereinafter and in the Contract called the “Contract Price”).

33.2 The Notice of Award (NOA) will constitute the formation of


the Contract, subject to the Bidder furnishing the
Performance Security in accordance with Clause 34 and
signing the Agreement in accordance with Sub-Clause 33.3.

33.3 The Agreement will incorporate all agreements between the


groups and the successful Bidder. It will be signed by groups
and sent to the successful Bidder, within 28 days following
the notification of award along with the Notice of Award
(NOA). Within 21 days of receipt, the successful Bidder will
sign the Agreement and deliver it to by us.

33.4 Upon the furnishing by the successful Bidder of the


Performance Security, FCG will promptly notify the other
bidders that their bids have been unsuccessful.

34. Performance 34.1 Within 21 days after receipt of the Notice of Award, the
Security successful Bidder shall deliver to N&FCG a Performance
Security in the amount stipulated in the [Contract Data] and
in the form of [15% of the Contract Price], denominated in
the type and proportions of currencies in the Notice of Award
and in Accordance with the Conditions of Contract.
21

34.2 If the Performance Security is provided by the successful


Bidder in the form of a Bank Guarantee, it shall be issued
either (a) at the Bidder’s option, by a bank located in the
country of GROUPS or a foreign bank through a
correspondent bank located in the country of by us, or (b)
with the agreement of FREINDS CONSULTIG GROUP
directly by a foreign bank acceptable to groups.

34.3 Failure of the successful Bidder to comply with the


requirements of Sub-Clause 34.1 shall constitute sufficient
grounds for cancellation of the award and forfeiture of the
Bid Security.

35. Advance 35.1 FCG may provide an Advance Payment on the Contract Price
Payment and as stipulated in the Conditions of Contract, subject to a
Security maximum amount [35% of the Contract Price] upon posting
of prescribed Security equivalent to the amount advance
subject to recoupment.

36. Adjudicator 36.1 Any dispute or difference in view regarding the Agreement
shall be settled in so far as it is possible, by mutual
consultation and consent.
36.2 If both parties fail to come to an agreement, the dispute shall
be settled by arbitration under the auspices of federation
international des ingenious-conseils
22

Section 2. Forms of Bid and Bill of Quantities, Qualification


Information, Letter of Acceptance, and Contract Agreement

Table of Standard Forms

Standard Form: Contractor’s Bid and Bill of Quantities/ word


format.

Standard Form: Qualification Information,

Standard Form: Letter of Acceptance,

Standard Form: Construction Contract


23

Standard Form: Contractor’s Bid


BID FORM
Date:

To: The Chairman


Bids Evaluation and Award Committee (BEAC)
Friends consulting group
P.O. Box 1085 road off Franco
main
Road
adama, Oromia,
Ethiopia

We, the undersigned, declare that;

Having examined the Bidding Document for the Construction of Resettlement Processing
Centre at bole in adama district, Oromia region issued o n
………………………. [insert date], the receipt of which is hereby duly acknowledge, I,
representing......................................................................................................................[insert
name of company] offer to execute the WORKS and complete the construction in
conformity with the Bidding Document for the total fixed lump sum price of
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
.[insert total bid amount in words and figures and currency] accordance with the Bill of
Quantities and Detailed Estimate which is herewith attached and form part of this Bid.

I undertake, if my Bid is accepted, to deliver, install and execute the WORKS in accordance
with the construction timetable/schedule set out in the “Instruction to Bidders” of the
Bidding Document.

If my Bid is accepted, I will obtain the guarantee of a bank in a sum equivalent to 10% of
the total amount of the Contract Price for the due performance of the Contract, in the form
prescribed by the groups.
I agree to abide by this Bid for the Bid Validity Period specified in the Bidding Document
which may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, the Bid, together with your written
acceptance thereof and the Notice of Award, shall constitute a binding agreement between
us.
I hereby certify that the Bid complies with the requirements stipulated in the Bidding
Document.

Dated this day of 20 .

[signature over printed name] [in the capacity of]


27

FRINDS CONSULTING GROUP


BID SUMMARY 25

item description unit quantity Rate amount


A SUB STRUCTURE
1 EXCAVATION &EARTH WORK
1.01 Clear the site to remove the top soil an M2 448
Average depth of 200mm thick
Bulk excavation in black cotton soil to M3 2016
1.02 reduce the level up to basement floor
at a depth of 4500mm
1.03 Fill under floor slab to depth of 500mm M3 151.922
with quarry waste selected material
brought from outside and ram in layer
not exceeding 200mm
1.04 Cart away excessive excavated soil to a M3 2105.6
distance not exceeding 5km from site
1.05 2.50mm thick basaltic or equivalent M2 315.443
stone hard core well rolled
consolidated and blinded with crushed
stone
Total carried to summary
2 CONCRETE WORK
2.01 RC class C-25 with minimum cement
content of 360kg/m3 filled in to form
work and vibrated around steel
reinforced steel and form work
measured separately in :-
a footing pad and foundation column M3 25.407
b grade beam M3 25.152
c 100mm thick RC floor slab M2 315.443
2.02 Provide cut and fix in position
formwork to
a footing pad and foundation column M3 128.34
b grade beam M2 62.40
2.03 Steel reinforcement according to
structural drawings. price cutting,
bending, placing in position and tying
wires
a ¢ 10mm deformed bars Kg 3949.11
b ¢ 12mm deformed bars Kg 1074.13
c ¢ 16mm deformed bars Kg 3076.34
Total summary
Subtotal A

item Description Unit quantity rate Amount


B. SUPER STRUCTURE
1 CONCRETE WORK
1.01 RC class C-25 with minimum cement
content of 360kg/m3 filled in to form
work and vibrated around steel
reinforcement steel and form work
28

measured separately in: -


a shear wall M3 93.084
b top tie beam M3 24.768
c roof slab M3 144
1.02 Provide cut and fix in position form
work to
a shear wall M2 553.8
b top tie beam M2 99.52
c roof slab M2 393.6
1.03 Steel reinforcement according to
structural drawings price includes
cutting, bending, placing, in position
and tying wires
a ¢ 10mm deformed bars Kg 6261.93
b ¢ 16mm deformed bars Kg 3036.52
Total summary
2. ROOFING
2.01 30mm lightweight concrete screed on M2 411.84
top of concrete roof
2.02 Zypex water proof on the top of M2 360
concrete roof according to the
manufacturer specification
TOTAL summary
3 PLASTERING & WALL TILLERS
3.01 Apply three coats of plaster up to fine M2 553.8
in cement sand mortar mix 1:3
&smooth finish int & ext wall and
concrete surface
Total summary
4 PAVED & FLOORER
4.01 50mm thick smooth cement screed M2 327.04
floor finish
Total summary
SUB TOTAL B
SUB TOTAL A + B + TAX
Standard Form: Qualification Information

1. Individual 1.1 Constitution or legal status of Bidder:


Bidders or
Individual Place of registration:
Members of
Joint Ventures Principal place of business:
Power of attorney of signatory of Bid:

1.2 Total annual volume of construction work performed in two years,


in reginal traded currency .

1.3 Work performed as prime Contractor on works of a similar nature


and volume over the last two years. The values should be indicated
in the same currency used for Item 1.2 above. Also list details of
work under way or committed, including expected completion date.

Table of Previous experience / Similar experience

Name,
address and Actual
contact completion
Name of information Stipulated date/prog
Description Cost/birr Starting ress of work
No the of work on of the
date
client
Project Completion
date

Total Cost

*Please attach copies of completion certificates


3. Additional 3.1 Bidders should provide any additional information required or to
Requirements fulfill the requirements of Sub-Clause 4.1 and Clause 30 of the
Instructions to Bidders, if necessary.

Standard Form: Notice of Award (NOA)

[Letterhead of N&FCG]

[insert Date]

To: [insert name and address of the Contractor]

This is to notify you that your Bid dated [insert date] for execution of the [insert Project
Title and location] for the Contract Price of the equivalent of [insert amount in numbers and
words] [insert name of currency] as corrected and modified in accordance with the
Instructions to Bidders is hereby accepted by FRINDS CONSULTING GROUP.

You are hereby instructed to come to our office located at [insert address] to sign the formal
agreement on [date] at [time].

Authorized Signature:
Name:
Title of Signatory:
FPU SF 19.19

FCG office-specific Ref.


No.:
FCG Project Code:
LEG Approval Code /
Checklist Code

CONSTRUCTION AGREEMENT
Between
FRIENDS CONSULTING GROUP
And
[Name of the Contractor]

This Construction Agreement is entered into between the Naol & friends consulting group ,
Mission in residential building , in adama Oromia region , represented by [Name, Title of
Chief of Mission etc.] (hereinafter referred to as FCG ”), and [name of company] of
ADDISABEBA, in ETHIOPIA represented ………………, (hereinafter referred to as the
“Contractor”). N&FCG and the Contractor are also referred to individually as a “Party” and
collectively as the “Parties.”

1. Introduction and Integral Documents

1.1 N&FCG intends to engage the services of [company’s name] for the construction
of RESIDETIAL BUILDING located at ADAMA . The Works are what this
Agreement requires the Contractor to construct, install and turn over to N&FCG,
as defined in the plans, specifications and BoQ).

1.2 The following documents form part of this Agreement and are attached as
Annexes: A
(a) Annex A - Detailed Instruction to Bidders dated 10 JUANARY,2021 with
annexed Scope of Work, Technical Specifications, Drawings, and General
Conditions of Tender;
(b) Annex B - Bid Form including Contractor's firm and final proposal/bid dated
10 JUANARY,2021 with detailed Bill of Quantities (“BoQ”) and unit cost;
(c) Annex C - Approved Work Schedule;
(d) Annex D - Accepted Notice of Award (“NoA”); and
(e) Annex E - Payment Schedule.

1.3 Any other Project documentation, agreed and signed by both Parties during the
implementation of this Agreement, shall form part of this Agreement.
1.4 All correspondence, instructions, notes and other communications relating in any
way to the performance of this Agreement will be in the English language. The
English language version of the Agreement will at all times be the version of the
Agreement which binds the Parties. Translations of the Agreement into languages
other than English may be prepared for working purposes but will have no legally
binding effect on the Parties.

1.5 If either Party finds any discrepancy or ambiguity in this Agreement, that Party
must notify the other Party in writing. The Parties agree to consult with each other
to attempt to resolve the discrepancy or ambiguity.

1.6 Unless otherwise advised by FCG in writing, all Project reports and other issues
arising under this Agreement shall be addressed to FCG designated Chief of
Mission / authorized Agreement signatory.

2. Scope of Work

2.1 The Contractor shall furnish all the necessary materials, tools and equipment,
labor, supervision, and other services, for the satisfactory and timely completion of
the Works in accordance with this Agreement.

2.2 Only FCG may approve any changes, modifications, deviations, and substitutions,
in the Scope of Work.
FCG reserves the right to supply any materials, equipment, or resources, and to
delete or reduce any work item, whether in whole or in part and update Annexes as
necessary and a reduced Contract Price shall be agreed.

3. Contract Price

3.1 The total contract price (the “Contract Price”) shall be [currency code] [insert
figure] (insert amount of money in words + currency in words) only inclusive of
all applicable fees, taxes and permits that may be imposed by any Government
entity in connection with the execution, completion, and turnover of the Works
pursuant to this Agreement .

3.2 The Contract Price and unit prices as outlined in Annex B shall be binding and
shall not be altered in any event. The Contract Price will be modified only in cases
of IOM-approved Work Variations and FCG-supplied materials as outlined in
Articles 2.2 and 2.3 of this Agreement and shall be reflected in writing.

3.3 The liability of FCG to the Contractor is STRICTLY LIMITED to the Contract
Price outlined in Article 3.1, regardless of any increase in wage or labor cost or
fluctuation in the cost of materials and equipment, occurring at any time. The
Contractor shall be liable for its under-estimation of the requirements of this
Agreement, inflation or currency devaluation, if any.

3.4 Payments for the Works will be done in installments in accordance with the
Payment Schedule in.
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