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BIDDING DOCUMENTS
(PROCUREMENT OF WORKS FOR LARGE PROJECTS)
CONSTRUCTION OF RESIDENSIAL
BUILDING
AT BOLE,
DISTRICT IN ADAMA, OROMIA, ETHIOPIA
Prepared by
Invitation to Apply for international and domestic offers applicable Eligibility and to
Bid..............................................................................
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.
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
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;
(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;
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
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B. Bidding Documents
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;
e) Construction methods;
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
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.
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.
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.
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
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.
22.5 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.
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]
23.3 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.
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.
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:
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.
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”).
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.
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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
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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.
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
[Letterhead of N&FCG]
[insert Date]
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
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.”
1.1 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.
Good luck!