Bid Document
Bid Document
Bid Document
BID DOCUMENT
FOR
March. 2020
Abbreviations
Table of Contents
Invitation for Bids for the Pile Foundation Work at Hanumannagar Kankalilini Municipality, Ward No.
13, Gobadgadha, Saptary
Contract Identification No: NEA-RBDC-2076/077-02
Date of publication: 3rd March, 2020
1. Nepal Electricity Authority (NEA) has allocated funds towards the cost of Pile Foundation Work
at Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary and intends to
apply part of the funds to cover eligible payments under the Contract for NEA-RBDC-2076/076-
02. Bidding is open to all eligible Nepalese Bidders. The estimated amount is NRs.
16,460,058.62 including VAT.
2. Nepal Electricity Authority, Rajbiraj Distribution Center invites bids as well as electronic bid
from eligible bidders for Pile Support Work at Hanumannagar Kankalilini Municipality, Ward
No. 13, Gobadgadha, Saptary under National Competitive Bidding (NCB).
3. Eligible Bidders may obtain further information and inspect the Bidding Documents at the office
Address given below or may visit PPMO website www.bolpatra.gov.np/egp
4. A complete set of Bidding Documents may be purchased from the following office by eligible
Bidders on the submission of a written application, along with the copy of Company/Firm
registration certificates and upon payments of non-refundable fee of Nepali Rupees 3,000.00
till 2076-12-19, during office hours.
6. The bids will be opened in the presence of Bidders' representatives who choose to attend at
2076-12-20, 14:00 hrs. at the Office of NEA , Rajbiraj Distribution Center, Rajbiraj, Saptari. The
bids must be valid for a period of 90 days after bid opening and must be accompanied by a bid
security or scanned copy of the bid security in PDF format in case of E-bid , amounting to a
mínimum of 5,00,000.00 NRs. Which shall be valied for 30 days beyoned the validity period of
the bid .
7. If the last date of purchasing and /or submission falls on a government holiday, then the next
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 5
working day shall be considered as the last date. In such case the validity period of the bid
security shall remain the same as specified for the original last date of bid submission.
8. The employer reserves the right to accept or reject, wholly or partly any or all the bids without
assigning reason, whatsoever.
Part - I
BIDDING PROCEDURES
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 7
Table of Clauses
A. General ………………………………………………………………………………………...7
1. Scope of Bid ................................................................................................................................7
2. Source of Funds .......................................................................................................................... 7
3. Fraud and Corruption ..................................................................................................................8
4. Eligible Bidders ... .......................................................................................................................9
5. Eligible Materials, Equipment and Services ..............................................................................11
SECTION - I
Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet
(BDS), the Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of Works as specified in Section V (Works
Requirements). The name, identification, and number of Contracts of the
National Competitive Bidding (NCB) are provided in the BDS.
2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget,
approved by the GoN, the implementing agency indicated in the BDS
plans to apply a portion of the allocated budget to eligible payments
under the contract(s) for which this Bidding Document is issued.
Or
Public Entities' own Resource Funded: In accordance with its annual
program and budget, approved by the public entity, the implementing
agency indicated in the BDS plans to apply a portion of the allocated
budget to eligible payments under the contract(s) for which this Bidding
Document is issued.
Or
DP Funded: The GoN has applied for or received financing
(hereinafter called “funds”) from the Development Partner (hereinafter
called “the DP”) indicated in the BDS toward the cost of the project
named in the BDS. The GoN intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding Document
is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of the
GoN and upon approval by the DP in accordance with the terms and
conditions of the financing agreement between the GoN and the DP
(hereinafter called the “Loan/Grant Agreement”), and will be subject in all
respects to the terms and conditions of that Loan/Grant Agreement. No
party other than the GoN shall derive any rights from the Loan
Agreement or have any claim to the funds.
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3. Fraud and 3.1 The Government of Nepal (GoN) requires that the Procuring Entities as
Corruption well as bidders, suppliers and contractors and their sub-contractors under
GoN/DP-financed contracts, shall adhere to the highest standard of
ethics during the procurement and execution of such contracts. In this
context, the Employer;
(a) defines, for the purposes of this provision, the terms set forth below
as follows:
(i) “corrupt practice” means the offering, giving, receiving,
or soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means 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;
(iii) “coercive practice” means impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of a
party;
(iv) “collusive practice” means an arrangement between two or
more parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
(iv) “obstructive practice” means:
(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 GoN/DP investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation
or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the
GoN’s/DP’s inspection and audit rights provided for
under sub-clause 3.5 below.
(b) will reject bid(s) if it determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices in competing for the contract in question;
3.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation
of the procurement process or the procurement agreement :
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government - owned
entity—subject to ITB 4.5—or any combination of them in the form of a
Joint Venture (JV) under an existing agreement, or with the intent to
constitute a legally-enforceable joint venture. In the case of a JV:
(a) all partners shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract terms. Maximum
number of JV shall be as specified in the BDS. The qualification
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(b) the JV shall nominate a Representative who shall have the authority
to conduct all business for and on behalf of any and all the parties of
the JV during the bidding process and, in the event the JV is
awarded the Contract, during Contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of any country or eligible countries mentioned in the BDS.
A Bidder shall be deemed to have the nationality of a country if the Bidder
is a citizen or is constituted, or incorporated, and operates in conformity
with the provisions of the laws of that country. This criterion shall also
apply to the determination of the nationality of proposed sub Contractors
or suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be
in a conflict of interest with one or more parties in this bidding process, if:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to
information about or influence on the Bid of another Bidder, or
influence the decisions of the Employer regarding this bidding
process; or
(e) a Bidder participates in more than one bid in this bidding process
either individually or as a partner in a joint venture. Participation by
a Bidder in more than one Bid will result in the disqualification of all
Bids in which the party is involved. However, this does not limit the
inclusion of the same sub Contractor in more than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the Contract
that is the subject of the Bid; or
(g) a Bidder or any of its affiliates has been hired (or is proposed to be hired)
by the Employer as Engineer for the Contract.
4.4 A firm that is under a declaration of ineligibility by the GoN/DP in
accordance with ITB 3, at the date of the deadline for bid submission or
thereafter, shall be disqualified.
4.5 Enterprises owned by Government shall be eligible only if they can
establish that they are legally and financially autonomous and operate
under commercial law, and that they are not a dependent agency of
the GoN.
4.6 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Employer, as the Employer shall reasonably request.
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4.9 The bidder shall meet the eligibility criteria specified in section III
(Evaluation and Qualification Criteria) of bid document.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the
Equipment and Contract shall have their origin in any source countries as defined in
Services ITB 4.2 above and all expenditures under the Contract will be limited to
such materials, equipment, and services. At the Employer’s request,
Bidders may be required to provide evidence of the origin of materials,
equipment and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the
materials and equipment are mined, grown, produced or
manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its
basic characteristics or in purpose or utility from its components.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and their Addenda, if they were not obtained directly from the
source stated by the Employer in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information
or documentation required by the Bidding Document may result in the
rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer’s address indicated in
Site Visit, Pre-Bid BDS or raise any question or curiosity during the pre-bid meeting if
Meeting provided for in accordance with ITB 7.4. The Employer shall be
required to make available as soon as possible the answer to such
question or curiosity in writing to any request for clarification,
provided that such request is received as mentioned in ITB 7.5. The
Employer shall forward copies of its response to all Bidders who have
acquired the Bidding Document in accordance with ITB 6.3, including
a description of the inquiry but without identifying its source. Should
the Employer deem it necessary to amend the Bidding Document as a
result of a request for clarification, it shall do so following the procedure
under ITB 8 and ITB 22.2.
7.2 The Bidder is encouraged to visit and examine the Site of Works and
its surroundings and obtain for itself, on its own risk and responsibility,
all information that may be 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.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands for
the purpose of such visit, but only upon the express condition that the
Bidder, its personnel, and agents will release and indemnify the Employer
and its personnel and agents from and against all liability in respect thereof,
and will be responsible for death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses incurred as a
result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid
meeting, if provided for in the BDS. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at
that stage.
7.5 The Bidder is requested, as far as possible, to submit any
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8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer
Bidding Document may amend the Bidding Document by issuing agenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer may, at its
discretion, extend the deadline for the submission of bids, pursuant to ITB
22.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the
language specified in the BDS. Supporting documents and printed
literature that are part of the Bid may be in another language provided they
are accompanied by an accurate translation of the relevant passages in the
language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
12. Letter of Bid and 12.1 The Letter of Bid, Schedules, and all documents listed under ITB 11,
Schedules shall be prepared using the relevant forms in Section 4 (Bidding Forms),
if so provided. The forms must be completed without any alterations to
the text, and no substitutes shall be accepted. All blank spaces shall be
filled in with the information requested.
13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a statement
to that effect will be included in the BDS, as will the method of
evaluating different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4
below, Bidders wishing to offer technical alternatives to the requirements
of the Bidding Document must first price the Employer’s design as
described in the Bidding Document and shall further provide all
information necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming to the
basic technical requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the Works. Such
parts will be identified in the BDS and described in Section V (Works
Requirements). The method for their evaluation will be stipulated in Section
III (Evaluation and Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and
Discounts in the Schedules shall conform to the requirements specified below.
14.2 The Bidder shall submit a bid for the whole of the works
described in ITB 1.1 by filling in prices for all items of the Works,
as identified in Section IV (Bidding Forms). In case of Unit Rate
Contracts, the Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which no rate or
price is entered by the Bidder will not be paid for by the Employer when
executed and shall be deemed covered by the rates for other items and
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15. Currency of Bid 15.1 The currency of the bid and payment shall be in Nepalese Rupees.
and Payment
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule and any
Technical other information as stipulated in Section IV (Bidding Forms), in
Proposal sufficient detail to demonstrate the adequacy of the Bidders’
proposal to meet the work requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance
Establishing the with Section III (Evaluation and Qualification Criteria) the Bidder
Qualifications of shall provide the information requested in the corresponding
the Bidder information sheets included in Section IV (Bidding Forms).
18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS after the bid
submission deadline date prescribed by the Employer. A bid valid for a
of Bids
shorter period shall be rejected by the Employer as nonresponsive.
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19. Bid Security 19.1 The Bidder shall furnish as part of its bid, in original form, a bid security
as specified in the BDS. In case of e-submission of bid, the Bidder shall
upload scanned copy of Bid security letter at the time of electronic submission
of the bid. The Bidder accepts that the scanned copy of the Bid security shall,
for all purposes, be equal to the original. The details of original Bid Security
and the scanned copy submitted with e-bid should be the same otherwise the
bid shall be non-responsive.
19.2 The bid security shall be, at the Bidder’s option, in any of the following
forms:
(a) an unconditional bank guarantee from "A" class commercial bank or;
(b) a cash deposit voucher in the Employer's Account as specified in
BDS.
In the case of a bank guarantee, the bid security shall be submitted
either using the Bid Security Form included in Section IV (Bidding
Forms) or in another Form acceptable to the employer. The form
must include the complete name of the Bidder. The bid security shall be
valid for minimum thirty (30) days beyond the original validity period
of the bid, or beyond any period of extension if requested under ITB
18.2.
19.3 The bid security issued by any foreign Bank outside Nepal must be
counter guaranteed by an "A" class commercial Bank in Nepal.
19.4 Any bid not accompanied by an enforceable and substantially compliant
bid security shall be rejected by the Employer as nonresponsive. In case of
e- Submission, if the scanned copy of an acceptable Bid Security letter is
not uploaded with the electronic Bid then Bid shall be rejected.
19.5 The bid security of unsuccessful Bidders shall be returned within three
days, once the successful bidder has furnished the required performance
security and signed the Contract Agreement pursuant to ITB 38.1and
39.1.
19.6 The bid security shall be forfeited if:
(a) a Bidder requests for withdrawal or modification of its bid,
except as provided in ITB 18.2:
(i) during the period of bid validity specified by the Bidder on the
Bid, in case of electronic submission;
(ii) from the period twenty-four hours prior to bid submission
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20. Format and 20.1 The Bidder shall prepare one original of the documents comprising the
Signing of Bid bid as described in ITB 11 and clearly mark it ORIGINAL”.
Alternative bids, if permitted in accordance with ITB 13, shall be clearly
marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of
the bid in the number specified in the BDS, and clearly mark each of
them “COPY.” In the event of any discrepancy between the original
and the copies, the original shall prevail.
In case of e-submission of bid, the Bidder shall submit his bid
electronically in PDF or web forms files as specified in ITB Clause
21.1(b), If a Bidder submits both the electronic bid and a bid in hard copy
within the bid submission deadline, then the submitted Bids shall be accepted
for evaluation provided that the facts and figures in hard copy confirm to those
in electronic bid. If there is any major discrepancy in fact and figures in the
electronic bid and bid in hard copy, it shall be treated as two separate bids
from one Bidder and both the Bids shall be disqualified, as per ITB Clause 4.3
(e).
20.2 The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to sign on
behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the bid.
The name and position held by each person signing the authorization
must be typed or printed below the signature. All pages of the bid,
except for un amended printed literature, shall be signed or initialed by
the person signing the bid.
20.3 Any amendments such as interlineations, erasures, or overwriting shall be
valid only if they are signed or initialed by the person signing the bid.
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Note:
a) The documents specified as “Mandatory” should be included in e-
submission and non submission of the documents shall be
considered as non-responsive bid.
b) Bidders (all partners in case of JV) should verify/update their
profile documents as appropriate for the specific bid before
submitting their bid electronically.
iv) The Bidder shall then upload the PDF bid files and submit the
complete bid online through e-GP portal of PPMO-
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22. Deadline for 22.1 Bids must be received by the Employer at the address and no later
Submission of Bids than the date and time indicated in the BDS.
In case of e-submission, the standard time for e-submission is Nepalese
Standard Time as set out in the server. The e-procurement system will
accept the e-submission of bid from the date of publishing of notice and
will automatically not allow the e-submission of bid after the deadline
for submission of bid.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in accordance
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with ITB 8, in which case all rights and obligations of the Employer
and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 22. Any bid
received by the Employer after the deadline for submission of bids shall
be declared late, rejected, and returned unopened to the Bidder.
24. Withdrawal, and 24.1 A Bidder may withdraw, or modify its bid after it has been
submitted either in hard copy or by e-submission. Procedures for
Modification of
withdrawal or modification of submitted bids are as follows:
Bids
(i) Bids submitted in hard Copy
a) Bidders may withdraw or modify its bids by sending a written
notice in a sealed envelope, duly signed by an authorized
representative, and shall include a copy of the authorization in
accordance with ITB 20.2 before 24 hours prior to the last
deadline of submission of bid. The corresponding modification
of the bid must accompany the respective written notice. All
notices must be:
(aa) prepared and submitted in accordance with ITB 20 and ITB
21,and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL”, “MODIFICATION;”
and
(bb) received by the Employer twenty four hour hours prior to
the deadline prescribed for submission of bids, in
accordance with ITB 22.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the
deadline prescribed for submission of bids through e-GP system
by using the forms and instructions provided by the system.
Once a Bid is withdrawn, bidder will not be able to submit
another bid for the same bid.
b) Withdrawal and modification of bids through hard copy shall not
be considered in case of e-submitted bids
25. Bid Opening 25.1 The Employer shall open the bids in public at the address, date and time
specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend.
25.2 The Employer shall download the e-submitted bid files. The e-
procurement system allows the Employer to download the e-
submitted bid files (report) only after bid opening date and time after
login simultaneously by at least two members of the Bid opening
committee.
25.3 Electronically submitted bid shall be opened at first in the same time
and date as specified above. Electronic Bids shall be opened one by
one and read out. The e-submitted bids must be readable through open
standards interfaces. Unreadable and or partially submitted bid files
shall be considered incomplete.
25.4 Thereafter, envelopes marked “WITHDRAWAL” shall be opened and
read out and the envelope with the corresponding bid shall not
be opened, but returned to the Bidder. No bid withdrawal shall be
Permitted unless the corresponding withdrawal notice contains
a valid authorization to request the withdrawal and is read out
at bid opening. Next, envelopes marked “MODIFICATION”
shall be opened and read out with the corresponding bid. No
bid modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request
the modification and is read out at bid opening. Only envelopes
that are opened and read out at bid opening shall be considered
further.
25.5 All other envelopes shall be opened one at a time, reading out: the
name of the Bidder; the Bid Price(s), including any discounts and
alternative bids and indicating whether there is a modification; the
presence of a bid security and any other details as the Employer may
consider appropriate. Only discounts and alternative offers read out at
bid opening shall be considered for evaluation. No bid shall be rejected
at bid opening except for late bids, in accordance with ITB 23.1.
25.6 The Employer shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, or modification; the Bid Price, per Contract if
applicable, including any discounts and alternative offers; and
the presence or absence of a bid security. The Bidders’ representatives
who are present shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the contents and
effect of the record.
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28. Deviations, 28.1 During the evaluation of bids, the following definitions
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements specified in
the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
29. Determination of 29.1 The Employer’s determination of a bid’s responsiveness is to
Responsiveness be based on the contents of the bid itself, as defined in ITB11.
29.2 A substantially responsive bid is one that meets the
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30. Nonconformities, 30.1 Provided that a bid is substantially responsive, the Employer may
Errors, and waive any non-conformities in the bid.
Omissions
30.2 Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of the
bid. Failure of the Bidder to comply with the request may result in the
rejection of its bid.
30.3 Provided that a bid is substantially responsive, the Employer shall
rectify quantifiable nonmaterial nonconformities related to the Bid
Price. To this effect, the Bid Price may be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming
item or component. The adjustment shall be made using the methods
indicated in Section III (Evaluation and Qualification Criteria).
30.4 If minor discrepancies are found such as in technical specification,
description, feature which does not make the bid to be rejected, then
the cost, which is calculated to the extent possible due to such
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31. Correction of 31.1 Provided that the bid is substantially responsive, the Employer shall
Arithmetical correct arithmetical errors on the following basis:
Errors
(a) only for unit price Contracts, if there is a discrepancy between the
unit price and the total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Employer there is an
obvious misplacement of the decimal point in the unit price, in
which case the total price as quoted shall govern and the unit price
shall be corrected;
(b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
(c) If there is a discrepancy between the bid price in the Summary
of Bill of Quantities and the bid amount in item (c) of the Letter
of Bid, the bid price in the Summary of Bill of Quantities will
prevail and the bid amount in item (c) of the Letter of Bid will
be corrected.
32. Evaluation of Bids 32.1 The Employer shall use the criteria and methodologies listed in this
Clause. No other evaluation criteria or methodologies shall be
permitted.
32.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Value Added Tax , Provisional Sums, and
the provision, if any, for contingencies in the Summary Bill of
Quantities, for Unit Rate Contracts, or Schedule of Prices for lump
sum Contracts, but including Day work items, where priced
competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c) price adjustment due to discounts offered in accordance with ITB
14.4;
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32.5 In case of special evaluation in civil works, if the bid for an Unit Rate
Contract, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded or substantially below updated
estimates in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analysis for any or all items
of the Bill of Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed. After
evaluation of the price analysis, taking into consideration the schedule
of estimated Contract payments, the Employer may require that the
amount of the performance security be increased at the expense of the
Bidder as mentioned in BDS to protect the Employer against financial
loss in the event of default of the successful Bidder under the Contract.
32.6 In case of e-submission bids, the Employer evaluates the bid on the
basis of the information in the electronically submitted bid files. If the
Bidder cannot substantiate or provide evidence to establish the
information provided in e-submitted bid through documents/
clarifications as per ITB Clause 27.1, the bid shall not be
considered for further evaluation.
33. Comparison of 33.1 The Employer shall compare all substantially responsive bids in
Bids accordance with ITB 32.2 to determine the lowest evaluated bid.
34. Qualification of 34.1 The Employer shall determine to its satisfaction whether the Bidder
the Bidder that is selected as having submitted the lowest evaluated and
substantially responsive bid meets the qualifying criteria specified in
Section III (Evaluation and Qualification Criteria).
34.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB 17.1.
34.3 An affirmative determination of qualification shall be a
prerequisite for award of the Contract to the Bidder. A
negative determination shall result in disqualification of the bid, in
which event the Employer shall proceed to the next lowest evaluated
bid to make a similar determination of that Bidder’s qualifications to
perform satisfactorily.
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35. Employer’s Right 35.1 The Employer reserves the right to accept or reject any bid, and to
to Accept Any Bid, annul the bidding process and reject all bids at any time prior to
and to Reject Any Contract award, without thereby incurring any liability to Bidders.
or All Bids In case of annulment, all bids submitted and specifically, bid securities,
shall be promptly returned to the Bidders.
F. Award of Contract
36. Award Criteria 36.1 The Employer shall award the Contract to the Bidder whose offer
has been determined to be the lowest evaluated bid and is
substantially responsive to the Bidding Document, provided further
that the Bidder is determined to be qualified to perform the Contract
satisfactorily.
37. Letter of Intent 37.1 The Employer shall notify the concerned Bidder whose bid has been
to Award the selected in accordance with ITB 36.1 within seven days of the selection
Contract/Notificat of the bid, in writing that the Employer has intention to accept its bid and
ion of Award the information regarding the name, address and amount of selected
bidder shall be given to all other bidders who submitted the bid.
37.2 If no bidder submits an application pursuant to ITB 40 within a period
of seven days of the notice provided under ITB 37.1, the Employer
shall, accept the bid selected in accordance with ITB 36.1 and Letter of
Acceptance shall be communicated to the selected bidder prior to the
expiration of period of Bid validity, to furnish the performance security
and sign the contract within fifteen days.
38. Performance 38.1 Within Fifteen (15) days of the receipt of Letter of Acceptance from the
Security Employer, the successful Bidder shall furnish the performance security
as under mentioned from A class Commercial Bank in accordance with
the conditions of Contract using Sample Form for the Performance Security
included in Section IX (Contract Forms), or another form acceptable to
the Employer. The performance security issued by any foreign Bank
outside Nepal must be counter guaranteed by an "A" class commercial Bank in
Nepal.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen)
percent below the approved cost estimate, the performance security
amount shall be 5 (five) percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15
(fifteen) percent below of the cost estimate, the performance security
amount shall be determined as follows:
Performance Security Amount =[(0.85 x Cost Estimate – Bid Price) x 0.5] + 5% of
Bid Price.
The Bid Price and Cost Estimate shall be inclusive of Value Added Tax.
38.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or to sign the Contract Agreement shall constitute
sufficient grounds for the annulment of the award and forfeiture of the bid
security. In that event the Employer may award the Contract to the next
lowest evaluated Bidder whose offer is substantially responsive and is
determined by the Employer to be qualified to perform the Contract
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39. Signing of 39.1 The Employer and the successful Bidder shall sign the Contract
Contract Agreement within the period as stated ITB 38.1.
39.2 At the same time, the Employer shall affix a public notice on the result of
the award on its notice board and make arrangement for causing such
notice to be affixed on the notice board also of the District Development
Committee, District Administration Office and District Treasury and
Controller Office. The Employer may make arrangements to post the
notice into its website, if it has; and if it does not have, into the website of
the Public Procurement Monitoring Office, identifying the bid and lot
numbers and the following information: (i) the result of evaluation of
bid; (ii) date of publication of notice inviting bids; (iii) name of
newspaper; (iv) reference number of notice; (v) item of procurement;
(vi) name and address of bidder making contract and (viii) contract
price
39.3 Within thirty (30) days from the date of issuance of notification pursuant
to ITB 37.1 unsuccessful bidders may request in writing to the Employer
for a debriefing seeking explanations on the grounds on which their
bids were not selected. The Employer shall promptly respond in
writing to any unsuccessful Bidder who, requests for debriefing.
39.4 If the bidder whose bid is accepted fails to sign the contract as stated ITB
39.1, the Public Procurement Monitoring Office shall blacklist the bidder
on recommendation of the Public Entity.
40. Complaint and 40.1 If a Bidder is dissatisfied with the Procurement proceedings or the
Review decision made by the Employer in the intention to award the Contract, it
may file an application to the Chief of the Public Entity within Seven
(7) days of providing the notice under ITB 37.1 by the Public Entity, for
review of the proceedings stating the factual and legal grounds.
40.2 Late application filed after the deadline pursuant to ITB 40.1 shall not
be processed.
40.3 The chief of Public Entity shall, within five (5) days after receiving
the application, give its decision with reasons, in writing pursuant to
ITB 40.1:
(a) whether to suspend the procurement proceeding and indicate the
procedure to be adopted for further proceedings; or
(b) to reject the application.
The decision of the chief of Public Entity shall be final for the Bid
amount up to the value as stated in 40.4.
40.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 40.3, is not given within five (5) days of receipt of
chief of Public Entity and furnishing the relevant documents, provided that
its Bid amount is more than Rupees Twenty Million (Rs. 20,000,000). The
application may be sent by hand, by post, by courier, or by electronic
media at the risk of the Bidder itself.
40.5 Late application filed after the deadline pursuant to ITB 40.4 shall not
be processed.
40.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 40.4, the Review Committee shall notify the
concerning Public Entity to furnish its procurement proceedings,
pursuant to ITB 40.3.
40.7 Within three (3) days of receipt of the notification pursuant to ITB
40.6, the Public Entity shall furnish the copy of the related documents to
the Review Committee.
40.8 The Review Committee, after inquiring from the Bidder and the
Public Entity, if needed, shall give its decision within one (1) month
of the receipt of the application filed by the Bidder, pursuant to ITB
40.4.
40.9 The Bidder, filing application pursuant to ITB 40.4, shall have to
furnish a cash amount or Bank guarantee from "A" class
commercial bank equivalent to zero point five percent (0.15%) of its
quoted Bid amount with the validity period of at least ninety (90) days
from the date of the filing of application pursuant to ITB 40.4.
40.10 If the claim made by the Bidder pursuant to ITB 40.4 is justified, the
Review Committee shall have to return the security deposit to the
applicant, pursuant to ITB 40.9, within seven (7) days of such decision
made.
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SECTION - II
Bid Data Sheet
A. General
ITB 1.1 The number of the Invitation for Bids is : NEA-RBDC-2076/077-02
ITB 1.1 The Employer is: Nepal Electricity Authority, Distribution and Consumer
Service Directorate, Province No.2, Provincial Office Janakpur, Rajbiraj
Distribution Center, Rajbiraj, Saptary.
B. Bidding Document
ITB 7.1 For clarification purposes only, the Employer’s address is:
Nepal Electricity Authority, Distribution and Consumer Service Directorate,
Province No.2, Provincial Office Janakpur, Rajbiraj Distribution Center,
Rajbiraj, Saptary
ITB 7.4 A Pre-Bid meeting shall held. Pre-Bid Meeting will take place at the
following date, time and place:
Date: 2076/12/07
Time: 2:00 PM
ITB 7.5 Time for request: Requests for clarification should be received by the
Employer no later than 10 days prior to the deadline for submission of bids.
C. Preparation of Bids
ITB 10.1 The language of the bid is: English / Nepali
ITB 11.1 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be
submitted with the bid, including the priced Bill of Quantities for Unit Rate
Contracts and Schedule of Prices for lump sum contracts: _______
ITB 11.1 (i) The Bidder shall submit with its bid the following additional documents:
[Not Required]
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ITB 13.4 Alternative technical solutions shall be permitted for the following parts of
the Works:
If alternative technical solutions are permitted, the evaluation method will be
as specified in Section III (Evaluation and Qualification Criteria).
ITB 14.6 The prices quoted by the Bidder shall not be subject to adjustment during the
performance of the Contract.
ITB 18.1 The bid validity period shall be ninty (90) days from the last date of bid
submission.
ITB 19.1 The Bidder shall furnish a bid security, from "A" class commercial bank with a
minimum of NRs 5,00,000.00, which shall be valid for 30 days beyond the
validity period of the bid.
ITB 20.1 In addition to the original of the bid, the number of copy/ies is/are: [ "Not
Applicable]
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall
indicate:
(a) The name and description of the documentation required to
demonstrate the authority of the signatory to sign the Bid such as a
Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV, an
undertaking signed by all parties (i) stating that all parties shall
be jointly and severally liable, and (ii) nominating a
Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV
during the bidding process and, in the event the JV is awarded the
Contract, during contract execution.
ITB 22.1 For bid submission purposes only, the Employer’s address is :
Nepal Electricity Authority, Distribution and Consumer Service Directorate,
Province No.2, Provincial Office Janakpur, Rajbiraj Distribution Center,
Rajbiraj, Saptary The deadline for bid submission is :
Date : 2076/12/20
Time : till 12:00 Noon
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Date : 2076/12/20
Time : 02:00 PM
SECTION - III
Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders by
post-qualification exercise. GoN/DP requires bidders to be qualified by meeting predefined, precise
minimum requirements. The method sets pass-fail criteria, which, if not met by the bidder, results in
disqualification. In accordance with ITB 32 and ITB 34, no other methods, criteria and factors shall be
used. The Bidder shall provide all the information requested in the forms included in Section IV
(Bidding Forms).
1. Evaluation
In addition to the criteria listed in ITB 32.2 (a) - (e) the following criteria shall apply:
Note:
Use the evaluation criteria listed below as appropriate and required for the project.
Works are grouped in multiple contracts and pursuant to Sub-Clause 32.4 of the Instructions to
Bidders, the Employer will evaluate and compare Bids on the basis of a contract, or a combination
of contracts, or as a total of contracts in order to arrive at the least cost combination for the
Employer by taking into account discounts offered by Bidders in case of award of multiple
contracts.
If a bidder submits several successful (lowest evaluated substantially responsive) bids, the
evaluation will also include an assessment of the Bidder's capacity to meet the aggregated
requirements regarding:
• Experience
• Financial situation
• Current contract commitments,
• Cash flow capacity,
• Equipment to be allocated, and
• Personnel to be fielded.
2. Qualification
2.1 Eligibility
Bidder required must meet existing or must meet not Forms ELI - 1,
to meet requirement intended JV requirement applicable ELI - 2, with
conditions of must meet attachments
ITB Sub- requirement
Clause 4.5.
2.1.3 UN Eligibility
Not having been declared must meet existing or must meet not Letter
ineligible based on a requirement intended JV requirement applicable of Bid
United Nations must meet
resolution or Employer's requirement
country law, as described
in ITB Sub-Clause 4.8.
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Firm Registration Certificate must meet not must meet not Document
requirement applicable requirement applicable attachment
VAT and PAN Registration must meet not must meet not Document
certificate (only for requirement applicable requirement applicable attachment
domestic bidders)
All pending must meet not applicable must meet not Form LIT - 1
litigation shall be requirement requirement by applicable
treated as resolved by itself or as itself or as
against the Bidder partner to past partner to past
and so shall in total or existing JV or existing JV
not represent more
than 75 percent of
the Bidder's net
worth.
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Submission of audited must meet not applicable must meet not Form FIN - 1
balance sheets and requirement requirement applicable with
income statements, for attachments
the last 5 years to
demonstrate the current
soundness of the Bidder's
financial position. As a
minimum, a Bidder's net
worth calculated as the
difference between total
assets and total liabilities
should be positive.
Minimum average annual must meet must meet must meet must meet Form FIN -
construction turnover of NRS requirement requirement 25 % 40 % 2
25 Million, calculated as total
of the of the
certified payments received
requirement requirement
for construction contracts in
progress or completed, within
best three years out of last ten
years.
Using Forms FIN - 3 and FIN - 4 in must meet must meet must meet25% must meet 40 Form FIN - 3
Section IV (Bidding Forms) the requirement requirement . of the % of the and Form FIN
Bidder must demonstrate access to, requirement requirement -4
or availability of, financial resources
such as liquid assets, unencumbered
real assets, lines of credit, and other
financial means, other than any
contractual advance payments to
meet :
2.4 Experience
Experience under must meet not applicable must meet not Form EXP - 1
construction contracts in requirement requirement applicable
the role of contractor,
subcontractor, or
management contractor
for at least the last 5 years
prior to the applications
submission deadline.
Participation as Prime must meet must meet not not Form EXP -
contractor, management requirement requirement applicable applicable 1
contractor, or subcontractor,
in at least 1 (One) contracts
within the last ten (10) years,
each with a value of at least
NRS 14 million that have
been successfully or are
substantially completed and
that are similar to the
proposed works. The
similarity shall be based on
the physical size, complexity,
methods, technology or other
characteristics as described in
Section V, Works
Requirements.
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For the above or other contracts must meet all must meet all not not Form
executed during the period requirements requirements applicable applicable EXP -
stipulated in 2.4.2(a) above, a 2(b)
minimum construction experience
in the following key activities :
2.5 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the following
requirements:
Bachelor in Civil
2. Civil Engineer 1/5 2
Engineering
Diploma in Civil
4. Sub Engineer 1/3 1
Engineering
Intermediate in any
6. Store Keepar 1/2 1
Discipline
Intermediate in
7. Accountant 1/2 1
Management
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2.6 Equipment
In case the Bidder proposes to consider Equipments that may be spared from committed/ongoing
contracts for evaluation,
The Bidder shall provide details of Equipments which will be spared from committed / ongoing
contracts clearly demonstrating the availability of such equipments with respect to the physical
progress of the ongoing contracts on the date of bid submission. Based on the details so submitted by
the Bidder, only the spared equipments proposed for the contract shall considered for evaluation.
In case of Equipments to be leased/hired the same procedure as mentioned above shall apply.
The Bidder must demonstrate that it has the key equipment listed hereafter:
i. For the equipments under Bidder's ownership
1. Concreter Mixer 2 2
2. Vibrator With Needle 2 2
3. Back Hoe Loader/Excavator 1 1
4. Tipper/Truck 3 3
5. Generator 1 1
6. Submersible Water Pump 4 4
SECTION - IV
Bidding Forms
This Section contains the forms which are to be completed by the Bidder and submitted as part of its
Bid.
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Letter of Bid
The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................
To: ……………………………………………………………………………………………………….....
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
(d) The discounts offered and the methodology for their application are:
(e) Our bid shall be valid for a period of [insert validity period as specified in ITB 18.1] days from the
date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted at any time before the expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;
(g) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from
eligible countries or any countries [insert the nationality of the Bidder, including that of all parties that
comprise the Bidder if the Bidder is a consortium or association, and the nationality of each
Subcontractor and Supplier];
(h) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3;
(i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding
process in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB
13;
(j) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible, under the Employer’s country laws or official regulations or
by an act of compliance with a decision of the United Nations Security Council;
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(k) We are not a government owned entity/We are a government owned entity but meet the
requirements of ITB 4.5;1
(l) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;
(m) We declare that, we have not been black listed as per ITB 3.4 and no conflict of interest in the
proposed procurement proceedings and we have not been punished for an offense relating to the
concerned profession or business.
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you
may receive; and
(o) If awarded the contract, the person named below shall act as Contractor’s Representative:
(p) We agree to permit the Employer/DP or its representative to inspect our accounts and records and
other documents relating to the bid submission and to have them audited by auditors appointed by
the Employer.
Name: .................................................................................................
Signed …………………………………………………………...
Date …………………………………………………………....
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*Normally following source of index shall apply. Public Entity shall choose applicable Index for
each item.
(a) Labor: "National Salary and Wage Rate Index"- "Construction Labor" of Nepal Rastra Bank
or
rate fixed by District Rate Fixation Committee
(b) Material:"National Wholesale Price Index" - Construction Materials" of Nepal Rastra Bank
"National Wholesale Price Index" - "Transport Vehicles and Machinery Goods" of Nepal Rastra
Bank
or
** Bidders proposed weightings should be within the range specified by the Employer in column - 5
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** Base Price and source normally to be specified by Employer (or alternatively informed to be
proposed by bidder) in column 4 and 5.
Note:
The base prices of the construction materials shall be taken as of 30 days before the deadline for
submission of the Bid as quoted by the Bidder and verified by the Employer. For the purpose of
calculation of price adjustment, the Ex-factory price of the same source shall be taken into consideration.
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Bid Security
Bank Guarantee
Date: ……………………………………………………………………………………………………...
We have been informed that . …………. .[insert name of the Bidder] (hereinafter called “the Bidder”)
intends to submit its bid (hereinafter called “the Bid”) to you for the execution of …………... name of
Contract . …………… under Invitation for Bids No. ……………… (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
(a) has withdrawn or modifies its Bid during the period of bid validity specified by the Bidder in the
Form of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity,
(i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the
performance security, in accordance with the ITB.
(d) is involved in fraud and corruption in accordance with the ITB
This guarantee will remain in force up to and including the date ………number…………days after
the deadline for submission of Bids as such deadline is stated in the instructions to Bidders or as it may
be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in
respect of this guarantee should reach the Bank not letter than the above date.
This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee by
the Bidder unless notified by you for the release of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
Note:
The bid security of ………..……………. has been counter guaranteed by the Bank ……..………... ...…… on
…………... .................................................. ...……..………. (Applicable for Bid Security of Foreign Banks).
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Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
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Personnel
Form PER - 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements
for each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their
experience should be supplied using the Form below for each candidate.
1.
2.
3.
4.
5.
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used for
evaluation.
Position*
Personal Information Name Date of Birth
Professional qualifications
Present employment Name of employer
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last twenty years in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
Note:
In case of e-submission the Resume of Proposed Personnel shall be submitted on notification by the
Employer as per ITB 27.
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Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria). A
separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Bidder. The Bidder shall provide all the information requested below, to the extent
possible. Fields with asterisk (*) shall be used for evaluation.
Type of Equipment*
The following information shall be provided only for equipment not owned by the Bidder.
Address of owner
Fax email
project
Note:
In case of e-submission the “Agreements” shall be submitted on notification by the Employer as
per ITB 27.1
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 53
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 54
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.
Bidder's Information
mail address)
1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above required to
comply with ITB 4.5.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 55
JV Partner's or
JV Partner's or
JV Partner's or
constitution
JV Partner's or
1. articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 and 4.2.
2. Authorization to represent the firm named above, in accordance with ITB 20.2.
3. In the case of government-owned entity, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 56
Pending Litigation
No pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and Qualification
Criteria)
Pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and Qualification Criteria)
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Total Revenues
o Attached are copies of financial statements (balance sheets including all related notes, and income statements)
for the last three or above years, as indicated above, complying with the following conditions.
o All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies.
o Historic financial statements must be audited by a certified auditor.
o Historic financial statements must be complete, including all notes to the financial statements.
o Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
Note:
In case of e-submission the attachments should not be uploaded but shall be submitted on notification by
the Employer as per ITB 27.1
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The information supplied should be the Annual Turnover of the Bidder or each member of a JV in
terms of the amounts billed to clients for each year for work in progress or completed to NRs at the end
of the period reported.
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total construction
cash flow demands of the subject contract or contracts as indicated in Section III (Evaluation and
Qualification Criteria).
Financial Resources
Note :
The letter from the Bank must be unconditional.
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Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter
of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.
6
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 61
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here contract
size, complexity, methods, technology, or
other characteristics as described in
Section V (Work Requirements) against
which the bidder demonstrates similarity in
the box on the right-hand-side.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 63
Role in Contract
Contractor Management Subcontractor
Contractor
Employer's Name
Address
Telephone/Fax
Number
E-mail
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here production
rate(s) for the key activity (activities) subject
contract against which the bidder
demonstrates in the box on the right-hand-
side production rates achieved by him on
previous contracts.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 64
Part - II
REQUIREMENTS
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 65
Table of Clauses
Specifications ……………………………………………………………………………………... 66
Notes on the Specifications ………………………………………………………………….. 66
Sample Clause: Equivalency of Standards and Codes ... ............................................................ .. 67
Drawings ................................................................................................................................................. .. 68
SECTION - V
Works Requirements
This Section contains the Specification, the Drawings, and supplementary information that
describe the Works to be procured.
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Scope of Work
Specifications
Notes on the Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and
competitively to the requirements of the Employer without qualifying or conditioning their Bids.
The specifications must be drafted to permit the widest possible competition and, at the same time,
present a clear statement of the required standards of workmanship, materials, and performance of
the goods and services to be procured. Only if this is done will the objectives of economy, efficiency
and fairness in procurement be realized, responsiveness of Bids be ensured, and the subsequent task
of bid evaluation facilitated. The specifications should require that all goods and materials to be
incorporated in the Works be new, unused, of the most recent or current models, and incorporate all
recent improvements in design and materials unless provided otherwise in the Contract.
Samples of specifications from previous similar projects are useful in this respect. The use of metric
units is encouraged by the Funding Agency in case of funding assisted projects. Most specifications
are normally written specially by the Employer or Project Manager to suit the Contract Works in
hand. The available standard specification of works of Ministry of Physical Infrastructure and
Transport, DoLIDAR and Other line Ministries can be adopted for respective civil construction works.
There are considerable advantages in standardizing General Specifications for repetitive Works in
recognized public sectors, such as highways, urban housing, irrigation, and water supply, in the
same country or region where similar conditions prevail. The General Specifications should cover all
classes of workmanship, materials, and equipment commonly involved in construction, however it may
not necessarily be adequate to be used in a particular Works Contract and may necessitate preparation of
Particular (Special) Specifications to amend and or supplement the provision of the General
Specifications to meet the requirement of the particular Works.
Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of
standards for goods, materials, and workmanship, recognized international standards should be used
as much as possible. Where other particular standards are used, whether national standards of Nepal or
other standards, the specifications should state that goods, materials, and workmanship that meet other
authoritative standards, and which ensure substantially equal or higher quality than the standards
mentioned, will also be acceptable.
Employers should decide whether technical solutions to specified parts of the Works are to be permitted.
Alternatives are appropriate in cases where obvious (and potentially less costly) alternatives are possible
to the technical solutions indicated in the Procurement Documents for certain elements of the Works,
taking into consideration the comparative specialized advantage of potential bidders. For example:
The Employer should provide a description of the selected parts of the Works with appropriate
references to Drawings, Specifications, Bill of Quantities, and Design or Performance criteria, stating
that the alternative solutions if applicable shall be at least structurally and functionally equivalent to
the basic design parameters and specifications.
Such alternative solutions shall be accompanied by all information necessary for a complete evaluation by
the Employer, including drawings, design calculations, technical specifications, breakdown of prices,
proposed construction methodology, and other relevant details.
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Wherever reference is made in the Contract to specific standards and codes to be met by the goods and
materials to be furnished, and work performed or tested, the provisions of the latest current edition or
revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in
the Contract. Where such standards and codes are national, or relate to a particular country or region,
other authoritative standards that ensure a substantially equal or higher quality than the standards and
codes specified will be accepted subject to the Project Manager’s prior review and written consent.
Differences between the standards specified and the proposed alternative standards shall be fully
described in writing by the Contractor and submitted to the Project Manager at least 30 days prior to
the date when the Contractor desires the Project Manager’s consent. In the event the Project Manager
determines that such proposed deviations do not ensure substantially equal or higher quality, the
Contractor shall comply with the standards specified in the documents.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Procurement Documents. They should not be included in the final documents.
Drawings
Note:
1. It is customary to bind the drawings in a separate volume, which is often larger than other
volumes of the contract documents. The size will be dictated by the scale of the drawings, which
must not be reduced to the extent that details are reduced illegible.
2. A simplified map showing the location of the Site in relation to the local geography, indicating major
roads, posts, airports, and railroads, is helpful.
3. The construction drawings, even if not fully developed, must show sufficient details to enable
bidders to understand the type and complexity of the work involved and the price the Bill of
Quantities.
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Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 72
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 73
Supplementary Information
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SECTION - VI
Bill of Quantities1
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient
detail to distinguish between the different classes of Works, or between Works of the same nature
carried out in different locations or in other circumstances which may give rise to different
considerations of cost. Consistent with these requirements, the layout and content of the Bill of
Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of
measurement which have been adopted in the preparation of the Bill of Quantities and which are to
be used for the measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts
of the Works which by nature, location, access, timing, or any other special characteristics may give
rise to different methods of construction, or phasing of the Works, or considerations of cost. General
items common to all parts of the works may be grouped as a separate section in the Bill of
Quantities.
1
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this
section.
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(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work
rates or prices are to be inserted by the Bidder, together with a statement of the conditions
under which the Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as
bid. The rate to be entered by the Bidder against each basic Day work item should include the
Contractor’s profit, overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible
price increases should be provided as a provisional sum in the Summary Bill of Quantities. The
inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to
request periodic supplementary approvals as the future need arises. Where such provisional sums or
contingency allowances are used, the Contract Data should state the manner in which they will be
used, and under whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried
forward, with provisional sums for Day work, for physical (quantity) contingencies, and for price
contingencies (upward price adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Bidding documents. They should not be included in the final documents.
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A. General
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and
Special Conditions of Contract, Technical Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to
provide a common basis for bidding. The basis of payment will be the actual quantities of work
ordered and carried out, as measured by the Contractor and verified by the Project Manager and
valued at the rates and prices bid in the priced Bill of Quantities, where applicable, and
otherwise at such rates and prices as the Project Manager may fix within the terms of the Contract.
3. For any item for which measurement is based on records made before or during construction the
records shall be prepared and agreed between the Engineer and the Contractor. Should the Contractor
carry out such work without the prior agreement of the Engineer, the Engineer may request the
Contractor to carry out investigations to confirm the extent of the work and the quantity of work
certified for payment shall be solely at the Engineer's discretion. The cost of any such investigation
shall be borne by the Contractor.
4. The rates and prices bid in the priced Bill of Quantities shall, except as otherwise provided under
the Contract, include all construction equipment, labor, supervision, materials, erection,
maintenance, insurance, profit, taxes, and duties, together with all general risks, liabilities, and
obligations set out or implied in the Contract.
5. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of items against which the Contractor has failed to enter a rate
or price shall be deemed to be covered by other rates and prices entered in the Bill of Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included in the Items
provided in the priced Bill of Quantities, and where no Items are provided, the cost shall be
deemed to be distributed among the rates and prices entered for the related Items of Work.
7. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities. The Specification Clause references where given in the item description of the Bills of
Quantities are for the convenience of bidders and generally refer to the principal relevant-
specification clause but do not necessarily represent the whole of the specification requirements for
the work required within the item. The presence of a Specification clause reference shall not in any
way reduce the Bidders obligation to complete work in accordance with all the requirements of the
Specification.
8. Provisional Sums included and so designated in the Bill of Quantities shall be expended in whole
or in part at the direction and discretion of the Project Manager in accordance with the Conditions
of Contract.
9. The method of measurement of completed work for payment shall be in accordance with the
Specifications.
10. The abbreviations and symbols used in this Bill of Quantities are:
[Insert as applicable]
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a) General
1. Work shall not be executed on a day work basis except by written order of the Project Manager.
Bidders shall enter basic rates for day work items in the Schedules. These rates shall apply to any
quantity of day work ordered by the Project Manager. Nominal quantities have been indicated against
each item of day work, and the extended total for day work shall, be carried forward as a Provisional
Sum to the Summary Total Bid Amount. Unless otherwise adjusted, payments for day work shall be
subject to price adjustment in accordance with the provisions in the Conditions of Contract.
b) Day work Labor
1. In calculating payments due to the Contractor for the execution of day works, the hours for labor will
be reckoned from the time of arrival of the labor at the job site to execute the particular item of day
work to the time of departure from the job site, but excluding meal breaks and rest periods. Only the
time of classes of labor directly doing work ordered by the Project Manager and are competent to
perform such work will be measured. The time of gangers (charge hands) actually doing work with
the gangs will also be measured but not the time of foremen or other supervisory personnel.
2. The Contractor shall be entitled to payment in respect of the total time that labor is employed on day
work, calculated at the basis rates entered by it in the " SCHEDULE OF DAY WORK RATES: 1.
LABOR". The rates for labor shall be deemed to cover all costs to the Contractor including (but not
limited to) i) the amount of wages paid to such labor, transportation time, overtime, subsistence
allowances, ii) any sums paid to or on behalf of such labor for social benefits in accordance with
Nepal law, iii) Contractor's profit, overheads, superintendence, liabilities and insurance and iv)
charges incidental to the foregoing.
c) Day work Equipment
1. The Contractor shall be entitled to payments in respect of Constructional Plant already on site and
employed on day work at the basis rental rates entered by him in the “SCHEDULE OF DAY WORK
RATES:2 EQUIPMENT ”. The said rates shall be deemed to include due and complete allowance for
depreciation, interest, indemnity and insurance, repairs, maintenance, supplies, fuel, lubricant, and
other consumables and all overhead, profit and administrative costs related to the use of such
equipment. The cost of drivers, operators and assistants also shall be included in the rate of the
equipment and no separately payment shall be made for it.
2. In calculating the payment due to the Contractor for Constructional Plant employed on day work, only
the actual number of working hours will be eligible for payment, except that where applicable and
agreed with the Project Manager, the travelling time from the part of the Site where the Construction
Plant was located when ordered by the Project Manager to be employed on day work and the time for
return journey there to shall be included for payment.
d) Day work Materials
1. The Contractor shall be entitled to payment in respect of materials used for day work (except for
materials for which the cost is included in the percentage addition to labor costs as detailed
heretofore), at the rates entered by him in the "SCHEDULE OF DAY WORK RATES: 3
MATERIALS" and shall be deemed to include overhead charges and profit as follows;
(i) the rates for materials shall be calculated on the basis of the invoiced price, freight, insurance,
handling expenses, damage, losses, etc. and shall provide for delivery to store for stockpiling at
the Site.
(ii) the cost of hauling materials for use on work ordered to be carried out as day work, from the store
or stockpile on the Site to the place where it is to be used also shall be include in the same rate.
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Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price
increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion
of such provisional sums often facilitates budgetary approval by avoiding the need to request periodic
supplementary approvals as the future need arises. Where such provisional sums or contingency
allowances are used, the SCC should state the manner in which they will be used, and under whose
authority (usually the Project Manager’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other
contractors should be indicated in the relevant part of the Bill of Quantities as a particular provisional
sum with an appropriate brief description. A separate procurement procedure is normally carried out by
the Employer to select such specialized contractors. To provide an element of competition among the
Bidders in respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as
prime Contractor for the use and convenience of the specialist contractors, each related provisional sum
should be followed by an item in the Bill of Quantities inviting the Bidder to quote a sum for such
amenities, facilities, attendance, etc.
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Bill of Quantities
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 80
Rate
S.N Description of Works Unit Quantity T.Amount Remarks
In Figure In Words
A General Item
Supply of Laptop (Core i7, latest generation, 8GB RAM, 256 GB SSD)
6 set 1.00
with Laptop Bag
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7 Day Works
Skilled Labour
md
96.00
Unskilled Labour
md
96.00
Excavator
hr
60.00
Loader
hr
60.00
Tipper/Truck
hr
60.00
Tractor
hr
200.00
B Piling Works
Casing for Boring Pile with 6mm thick mild steel sheet as per
2 ton
drawing, specification and instruction of Engineer 13.34
Structural concrete in any form,size shape and level for all R.C.C.
works including piling works with cement, sand and crushed
3 aggregate (M35/20) including Mixing, laying, compacting, finishing m3
64.80
and curing all complete as per drawing, specification and instruction
of Engineer
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C Protection Work
D Miscellaneous Works
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Part - III
CONDITIONS OF CONTRACT
AND CONTRACT FORMS
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Table of Clauses
SECTION - VII
General Conditions of Contract
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A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of any
defects.
(b) The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity, which is used
for valuations and for assessing the effects of Variations
and Compensation Events.
(c) The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the first
instance, as provided for in GCC 23.2 hereunder.
(d) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(e) Compensation Events are those defined in GCC 42
hereunder.
(f) The Completion Date is the date of completion of the
Works as certified by the Project Manager, in accordance
with GCC 53.1.
(g) The Contract is the Contract between the Employer and the
Contractor to execute, complete, and maintain the Works.
It consists of the documents listed in GCC 2.3 below.
(h) The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(i) The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated
in the Letter of Acceptance and thereafter as adjusted in
accordance with the Contract.
(k) Days are calendar days; months are calendar-months.
(l) Day works are varied work inputs subject to payment on a
time basis for the Contractor’s employees and Equipment, in
addition to payments for associated Materials and Plant.
(m) A Defect is any part of the Works not completed in
accordance with the Contract.
(n) The Defects Liability Certificate is the certificate issued by
Project Manager upon correction of defects by the Contractor.
(o) The Defects Liability Period is the period calculated from
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2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also
means female or neuter, and the other way around. Headings
have no significance. Words have their normal meaning under
the language of the Contract unless specifically defined. The
Project Manager shall provide instructions clarifying queries
about these GCC.
2.2 If sectional completion is specified in the SCC, references in
the GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(a) Contract Agreement,
(b) Letter of Acceptance,
(c) Letter of Bid,
(d) Special Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities (or Schedules of Prices for lump sum
contracts), and
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3. Language and Law 3.1 The language of the Contract and the law governing the Contract
are stated in the SCC.
4. Project Manager's 4.1 Except where otherwise specifically stated, the Project Manager
Decisions shall decide contractual matters between the Employer and the
Contractor in the role representing the Employer.
5. Delegation 5.1 The Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after
notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval of
the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.
8. Other Contractors 8.1 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,
as referred to in the SCC. The Contractor shall 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
9. Personnel and Equipment 9.1 The Contractor shall employ the key personnel and use the
equipment identified in its Bid to carry out the Works, or
other personnel and equipment approved by the Project Manager.
The Project Manager shall approve any proposed replacement of
key personnel and equipment only if their relevant qualifications
or characteristics are substantially equal to or better than those
proposed in the Bid.
9.2 If the Project Manager asks the Contractor to remove a person
who is a member of the Contractor’s staff or work force, stating
the reasons, the Contractor shall ensure that the person leaves
the Site within seven days and has no further connection with
the work in the Contract.
10. Employer’s and 10.1 The Employer carries the risks which this Contract states are
Contractor's Risk Employer’s risks, and the Contractor carries the risks which
this Contract states are Contractor’s risks.
11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has
been issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage
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12. Contractor’s Risks 12.1 From the Starting Date until the Defects Liability Certificate has
been issued, the risks of personal injury, death, and loss of or
damage to property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s
risks are Contractor’s risks.
13. Insurance 13.1 The Contractor shall provide insurance in the joint names of
the Employer and the Contractor from the Start Date to the end
of the Defects Liability Period, in the amounts and deductibles
stated in the SCC for the following events which are due to the
Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract;
and
(d) Personal injury or death.
14. Site Investigation Reports 14.1 The Contractor, in preparing the Bid, shall rely on any
Site Investigation Reports referred to in the SCC,
supplemented by any information available to the Bidder.
15. Contractor to Construct 15.1 The Contractor shall construct and install the Works in
the Works accordance with the Specifications and Drawings.
16. The Works to Be 16.1 The Contractor may commence execution of the Works on the
Completed within intended Start Date and shall carry out the Works in accordance
Completion Date with the Program submitted by the Contractor, as updated
with the approval of the Project Manager, and complete them
within the intended Completion Date.
17. Design by contractor and 17.1 The contractor shall be responsible for the design of
Approval by the Project permanent works as specified in SCC.
Manager
17.2 Contractor shall be responsible for design of the Temporary
Works. The Contractor shall submit Specifications and
Drawings showing the proposed Temporary Works to the
Project Manager, for his approval.
17.3 All Drawings prepared by the Contractor for the execution
of the temporary or permanent Works, shall be subject to
prior approval by the Project Manager before their use.
17.4 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of temporary works.
18. Safety, Security and 18.1 The Contractor shall, throughout the execution, and
Protection of the completion of the works and remedying of any defects therein:
Environment
a. Have full regard for the safety of all persons entitled to be
upon the site and keep the site (so as the same is under his
control) and the works (so far as the same are not
completed or occupied by the Employer) in an orderly state
appropriate to the avoidance of danger to such persons.
b. Provide and maintain at his own cost all lights, guards,
fencing, warning signs and watching, when necessary or
required by the Project Manager or by any duly
constituted authority, for the protection of the Works of
for the safety and convenience of the public or others.
c. Take all reasonable steps to protect the environment on and
off the site and to avoid damage or nuisance to persons
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20. Possession of the 20.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated
Site
in the SCC, the Employer shall be deemed to have delayed the
start of the relevant activities, and this shall be a Compensation
Event.
21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person
authorized by the Project Manager access to the Site and to
any place where work in connection with the Contract is
being carried out or is intended to be carried out.
22. Instructions, Inspections 22.1 The Contractor shall carry out all instructions of the Project
and Audits Manager which comply with the applicable laws where the
Site is located.
22.2 The Contractor shall permit the GoN/DP and/or persons
appointed by the GoN/DP to inspect the Site and/or the accounts
and records of the Contractor and its sub-contractors relating
to the performance of the Contract, and to have such accounts
and records audited by auditors appointed by the GoN/DP if
required by the GoN/DP. The Contractor’s attention is drawn to
Sub-Clause 58.2 which provides, inter alia, that acts intended to
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23. Dispute Settlement 23.1 The Employer and the Contractor shall attempt to settle
amicably by direct negotiation any disagreement or dispute
arising between them under or in connection with the Contract.
23.2 Any dispute between the Parties as to matters arising
pursuant to this Contract which cannot be settled amicably
within thirty (30) days after receipt by one Party of the other
Party‘s request for such amicable settlement may be
referred to Arbitration within 30 days after the expiration of
amicable settlement period.
25 Procedures for Disputes 25.1 In case of arbitration, the arbitration shall be conducted in
accordance with the arbitration procedures published by the
Nepal Council of Arbitration (NEPCA) at the place given in the
SCC.
B. Time Control
26. Program 26.1 Within the time stated in the SCC, after the date of the
Letter of Acceptance, the Contractor shall submit to the
Project Manager for approval a Program showing the general
methods, arrangements, order, and timing for all the activities
in the Works. In the case of a lump sum contract, the
activities in the Program shall be consistent with those in the
Activity Schedule.
26.2 An update of the Program shall be a program showing the
actual progress achieved on each activity and the effect of the
progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
26.3 The Contractor shall submit to the Project Manager for
approval an updated Program at intervals no longer than the
period stated in the SCC. If the Contractor does not
submit an updated Program within this period, the Project
Manager may withhold the amount stated in the SCC from the
next payment certificate and continue to withhold this
amount until the next payment after the date on which the
overdue Program has been submitted. In the case of a lump
sum contract, the Contractor shall Provide an updated Activity
Schedule within 15 days of being instructed to by the Project
Manager.
26.4 The Project Manager’s approval of the Program shall not
alter the Contractor’s obligations. The Contractor may revise
the Program and submit it to the Project Manager again
at any time. A revised Program shall show the effect of
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27. Extension of 27.1 The Project Manager shall extend the Intended Completion
Date if a Compensation Event occurs or a Variation is
the Intended
issued which makes it impossible for Completion to be
Completion Date achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining work,
which would cause the Contractor to incur additional cost.
27.2 The Project Manager shall decide whether and by how
much to extend the Intended Completion Date within 21
days of the Contractor asking the Project Manager for a
decision upon the effect of a Compensation Event or
Variation and submitting full supporting information at
least 7 days prior to the intended completion date. If the
Contractor has failed to give early warning of a delay or has
failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended
Completion Date.
28. Acceleration 28.1 When the Employer wants the Contractor to finish before
the Intended Completion Date, the Project Manager shall
obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Employer accepts
these proposals, the Intended Completion Date shall be
adjusted accordingly and confirmed by both the Employer
and the Contractor.
28.2 If the Contractor’s priced proposals for acceleration are
accepted by the Employer, they are incorporated in the
Contract Price and treated as a Variation.
29. Delays Ordered by the 29.1 The Project Manager may instruct the Contractor to delay
Project Manager the start or progress of any activity within the Works.
30. Management Meetings 30.1 Either the Project Manager or the Contractor may require
the other to attend a management meeting. The business of
a management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance
with the early warning procedure.
30.2 The Project Manager shall record the business of
management meetings and provide copies of the record to
those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management
meeting or after the management meeting and stated in
writing to all who attended the meeting.
31. Early Warning 31.1 The Contractor shall warn the Project Manager at the
earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the
work, increase the Contract Price, or delay the execution of
the Works. The Project Manager may require the
Contractor to provide an estimate of the expected effect
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C. Quality Control
32. Identifying Defects 32.1 The Project Manager shall check the Contractor’s work and
notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities.
The Project Manager may instruct the Contractor to search
for a Defect and to uncover and test any work that the
Project Manager considers may have a Defect.
33. Tests 33.1 If the Project Manager instructs the Contractor to carry out
a test not specified in the Specification to check whether any
work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is
no Defect, the test shall be a Compensation Event.
34. Correction of Defects 34.1 The Project Manager shall give notice to the Contractor of
any Defects before the end of the Defects Liability Period,
which begins at Completion, and is defined in the SCC. The
Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor
shall correct the notified Defect within the length of time
specified by the Project Manager’s notice.
35. Uncorrected Defects 35.1 If the Contractor has not corrected a Defect within the
time specified in the Project Manager’s notice, the Project
Manager shall assess the cost of having the Defect
corrected, and the Contractor shall pay this amount.
D. Cost Control
36. Contract Price 36.1 In the case of a Unit Rate contract, the Bill of
Quantities shall contain priced items for the Works to be
performed by the Contractor. The Bill of Quantities is
used to calculate the Contract Price. The Contractor will be
paid for the quantity of the work accomplished at the rate in
the Bill of Quantities for each item.
36.2 In the case of a lump sum contract, the Activity Schedule
shall contain the priced activities for the Works to be
performed by the Contractor. The Activity Schedule is used
to monitor and control the performance of activities on
which basis the Contractor will be paid. If payment for
Materials on Site shall be made separately, the Contractor
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37. Changes in the Contract 37.1 In the case of an Unit Rate contract:
Price
(a) If the final quantity of the work done differs from the
quantity in the Bill of Quantities for the particular item
by more than 25 percent, provided the change exceeds 2
percent of the Initial Contract Price, the Project
Manager shall adjust the rate to allow for the change.
(b) The Project Manager shall not adjust rates from changes
in quantities if thereby the Initial Contract Price is
exceeded by more than 10 percent, except with the prior
approval of the Employer.
(c) If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.
37.2 In the case of a lump sum contract, the Activity Schedule
shall be amended by the Contractor to accommodate changes
of Program or method of working made at the Contractor’s
own discretion. Prices in the Activity Schedule shall not be
altered when the Contractor makes such changes to the
Activity Schedule.
39. Cash Flow Forecasts 39.1 When the Program, or, in the case of a lump sum contract,
the Activity Schedule, is updated, the Contractor shall
provide the Project Manager with an updated cash flow
forecast.
40. Payment Certificates 40.1 The Contractor shall submit to the Project Manager
monthly statements of the estimated value of the work
executed less the cumulative amount certified previously.
40.2 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the
Contractor within 30 days of submission by contractor.
40.3 The value of work executed shall be determined by the
Project Manager.
40.4 The value of work executed shall comprise:
(a) In the case of an Unit Rate contract, the value of
the quantities of work in the Bill of Quantities that
have been completed; or
(b) In the case of a lump sum contract, the value of
work executed shall comprise the value of completed
activities in the Activity Schedule.
40.5 The value of work executed shall include the valuation of
Variations and Compensation Events.
40.6 The Project Manager may exclude any item certified in a
previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.
41. Payments 41.1 Payments shall be adjusted for deductions for advance
payments and retention. The Employer shall pay the
Contractor the amounts certified by the Project Manager
within 30 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be
paid interest as indicated in the SCC on the late payment in
the next payment. Interest shall be calculated from the date
by which the payment should have been made up to the date
when the late payment is made.
43. Tax 43.1 The Project Manager shall adjust the Contract Price if
taxes, duties, and other levies are changed between the
date 30 days before the submission of bids for the Contract
and the date of the last Completion certificate. The
adjustment shall be the change in the amount of tax
payable by the Contractor, provided such changes are not
already reflected in the Contract Price or are a result of
GCC 45.
45. Price Adjustment 45.1 Prices shall be adjusted for fluctuations in the cost of inputs
only if provided for in the SCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts
due.
45.2 Adjustment Formulate2: "The adjustment to the Interim
Payment Certificates in respect of changes in cost and
legislation shall be determined from separate formulae for
each of the types of construction work to be performed and
Plant to be supplied. The formulae will be of the following
general type:
2
For complex Works involving several types of construction work with different inputs, a family of
Formulae will be necessary. The various items of Day work may also require different formulae, depending on
the nature and source of the inputs
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= + + + + .
Where:
pn is a price adjustment factor to be applied to the
amount for the payment of the work carried out in the
subject month, determined in accordance with Sub-Clause
41;
A is a constant, specified in the Bidding Forms- Table of
Price Adjustment data, representing the nonadjustable
portion in contractual payments;3
b, c, d, etc., coefficients representing the estimated
proportion of each cost element (labor, materials,
equipment usage, etc.) in the Works or sections thereof,
net of Provisional Sums, as specified in the SCC;
Ln, Mn, En, etc., are the current cost indices or reference
prices of the cost elements for month “n,” determined
pursuant to Sub-Clause 45.4, applicable to each cost
element; and
Lo, Mo, Eo, etc., are the base cost indices or reference
prices corresponding to the above cost elements at the date
specified in Sub-Clause 45.4
3
Insert a figure for factor A only where there is a part of the Contractors’ expenditures which will not be subject
to fluctuation in cost or to compensate for the unreliability of some indices. A should normally be 0.15. The
sum of A, b, c, d, etc., should be one.
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the latest date for submission of bids for the Contract, there
occur changes to any National Statute, Ordinance, Decree, or
other Law or any regulation or by-law of any local or other
duly constituted authority, or the introduction of any such
Statute, Ordinance, Decree, Law, regulation or by-law
which causes additional or reduced cost to the Contractor,
other than under the preceding sub-clauses of this clause, in
the execution of the Contract, such additional or reduced
cost shall, after due consultation with the Employer and
the Contractor, be determined by the Project Manager and
shall be added to or deducted from the Contract Price and
the Project Manager shall notify the Contractor
accordingly, with a copy to the Employer. Notwithstanding
the foregoing, such additional or reduced cost shall not be
separately paid or credited if the same shall already have
taken into account in the indexing of any inputs to the Price
Adjustment Formulae in accordance with the provisions of
Sub-Clauses 45.2
46. Retention 46.1 The Employer shall retain from each payment due to
the Contractor the proportion stated in the SCC until
Completion of the whole of the Works.
46.2 Upon the issue of a Defects Liability Certificate by the
Project Manager, in accordance with GCC 55.1, half the
total amount retained shall be repaid to the Contractor
and half when the Contractor has submitted the Tax
evidence document issued by the concerned Internal
Revenue Office that the contractor has submitted his
Income Returns . On completion of the whole works, the
Contractor may substitute retention money with an “on
demand” bank guarantee.
47. Liquidated Damages 47.1 The Contractor shall pay liquidated damages to the Employer
at the rate per day stated in the SCC for each day that the
Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct
liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the
Contractor’s liabilities.
47.2 If the Intended Completion Date is extended after
liquidated damages have been paid, the Project Manager
shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate. The
Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of
repayment, at the rates specified in GCC.41
48. Bonus 48.1 The Contractor shall be paid a Bonus calculated at the
rate per calendar day stated in the SCC for each day
(less any days for which the Contractor is paid for
acceleration) that the Completion is earlier than the
Intended Completion Date. The Project Manager shall
certify that the Works are complete, although they may not
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be due to be complete.
49. Advance Payment 49.1 The Employer shall make advance payment to the
Contractor of the amounts stated in the SCC by the
date stated in the SCC, against provision by the
Contractor of an unconditional bank guarantee from 'A'
class commercial Bank in a form and by a bank acceptable
to the Employer in amounts equal to the advance payment.
The guarantee shall remain effective until the advance
payment has been repaid, but the amount of the guarantee
shall be progressively reduced by the amounts repaid by the
Contractor. Interest shall not be charged on the advance
payment.
51. Day works 51.1 If applicable, the Day works rates in the Contractor’s Bid
shall be used for small additional amounts of work only
when the Project Manager has given written instructions
in advance for additional work to be paid for in that way.
51.2 All work to be paid for as Day works shall be recorded by
the Contractor on forms approved by the Project
Manager. Each completed form shall be verified and
signed by the Project Manager within two days of the
work being done.
51.3 The Contractor shall be paid for Day works subject to
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53. Completion 53.1 The Contractor shall request the Project Manager to
issue a certificate of Completion of the Works, and the
Project Manager shall do so upon deciding that the work is
completed.
54. Taking Over 54.1 The Employer shall take over the Site and the Works
within seven days of the Project Manager’s issuing a
certificate of Completion.
55. Final Account 55.1 The Contractor shall supply the Project Manager with a
detailed account of the total amount that the Contractor
considers payable under the Contract before the end of the
Defects Liability Period. The Project Manager shall issue a
Defects Liability Certificate and certify any final payment
that is due to the Contractor within 60 days of receiving the
Contractor’s account if it is correct and complete. If it is
not, the Project Manager shall issue within 60 days a
schedule that states the scope of the corrections or
additions that are necessary. If the Final Account is
still unsatisfactory after it has been resubmitted, the Project
Manager shall decide on the amount payable to the
Contractor and issue a payment certificate.
56. Operating and Maintenance 56.1 If “as built” Drawings and/or operating and maintenance
Manuals manuals are required, the Contractor shall supply them by
the dates stated in the SCC.
56.2 If the Contractor does not supply the Drawings and/or
manuals by the dates stated in the SCC pursuant to GCC
56.1, or they do not receive the Project Manager’s approval,
the Project Manager shall withhold the amount stated in
the SCC from payments due to the Contractor.
57.1 In no case, the Contractor shall terminate the Contract
57. Termination
unilaterally without duly notifying the Employer.
Contract.
58. Fraud and Corruption 58.1 If the Employer determines that the Contractor has engaged
in corrupt, fraudulent, collusive, coercive or obstructive
practices, in competing for or in executing the Contract, then
the Employer may, after giving 15 days notice to the
Contractor, terminate the Contractor's employment under the
Contract and expel him from the Site.
58.2 Should any employee of the Contractor be determined to
have engaged in corrupt, fraudulent, collusive, coercive, or
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59. Black Listing 59.1 Without prejudice to any other rights of the Employer under
this Contract, GoN, Public Procurement Monitoring Office
(PPMO), on the recommendation of procuring entity, may
blacklist a Bidder for its conduct for a period of one (1) to
three (3) years on the following grounds and seriousness of
the act committed by the bidder.
(a) if it is established that the Contractor has committed
substantial defect in implementation of the contract or
has not substantially fulfilled its obligations under the
contract or the completed work is not of the specified
quality as per the contract.
60. Payment upon Termination 60.1 If the Contract is terminated because of a fundamental
breach of Contract by the Contractor, the Project Manager
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shall issue a certificate for the value of the work done and
Materials ordered less advance payments received up to
the date of the issue of the certificate and less the
percentage to apply to the value of the work not
completed, as indicated in the SCC. Additional
Liquidated Damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the
Employer.
60.2 60.2 If the Contract is terminated because of
fundamental breach of Contract or for any other fault by
the Contractor, the performance security shall be forfeited
by the Employer.
In such case, amount to complete the remaining works as
per the Contract shall be recovered from the Contractor
as Government dues.
61. Property 61.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of the
Employer if the Contract is terminated because of the
Contractor’s default.
62. Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any
other event entirely outside the control of either the Employer
or the Contractor, the Project Manager shall certify that the
Contract has been frustrated. The Contractor shall make the
Site safe and stop work as quickly as possible after receiving
this certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which a
commitment was made.
63. Suspension of DP 63.1 In the event that the Donor Agency suspends the loan/
Loan/Credit/Grant credit/grant to the Employer from which part of the payments
to the Contractor are being made:
a. the Employer is obligated to notify the Contractor of
such suspension within 7 days of having received the
Donor Agency's suspension notice; and
b. if the Contractor has not received sums due him within the
30 days for payment provided for in Sub-Clause 41.1,
the Contractor may immediately issue a 15-day
termination notice.
64. Project Manager’s Duties 64.1 The Project Manager’s duties and authorities are restricted
and Authorities to the extent as stated in the SCC.
65. Quarries and Spoil Dumps 65.1 Any quarry operated as part of this Contract shall be
maintained and left in a stable condition without steep slopes
and be either refilled or drained and be landscaped by
appropriate planting. Rock or gravel taken from a river shall
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66. Local Taxation 66.1 The prices tendered by the Contractor shall include all taxes
that may be levied in accordance to the laws and regulations
in being in Nepal on the date 30 days prior to the closing
date for submissions of Bids on the Contractor’s equipment,
plant and materials acquired for the purpose of the
Contract and on the services performed under the
Contract. Nothing in the Contract shall relieve the Contractor
from his responsibility to pay any tax that may be levied
in Nepal on profits made by him in respect of the Contract.
67. Value Added Tax 67.1 The Contract is not exempted from value added tax. An
amount specified in the schedule of taxes shall be paid by the
Contractor in the concerned VAT office within time frame
specified in VAT regulation.
68. Income Taxes on Staff 68.1 The Contractor’s staff, personnel and labor will be liable
to pay personal income taxes in Nepal in respect of their
salaries and wages, as are chargeable under the laws and
regulations for the time being in force, and the Contractor
shall perform such duties in regard to such deductions as
may be imposed on him by such laws and regulations.
68.2 The issue of the Final Account Certificate pursuant to clause
55 shall be made only upon submittal by the Contractor
of a certificate of income tax clearance from the
Government of Nepal.
69. Duties, Taxes and Royalties 69.1 Any element of royalty, duty or tax in the price of any goods
including fuel oil, and lubricating oil, cement, timber,
iron and iron goods locally procured by the Contractor
for the works shall be included in the Contract rates and
prices and no reimbursement or payment in that respect
shall be made to the Contractor.
69.2 The Contractor shall familiarize himself with GON the rules
and regulations with regard to customs, duties, taxes,
clearing of goods and equipment, immigration and the
like, and it will be necessary for him to follow the required
procedures regardless of the assistance as may be provided
by the Employer wherever possible.
69.3 The Contractor shall pay and shall not be entitled to the
reimbursement of cost of extracting construction materials
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70. Member of Government, etc, 70.1 No member or officer of GoN or the Employer or the Project
not Personally Liable Manager or any of their respective employees shall be in
any way personally bound or liable for the act or
obligations of the Employer under the Contract or
answerable for any default or omission in the observance or
performance of any of act, matter or thing which are
herein contained.
71. Approval of Use of 71.1 No explosives of any kind shall be used by the Contractor
Explosives without the prior consent of the Employer in writing and
the Contractor shall provide, store and handle these and
all other items of every kind whatsoever required for
blasting operations, all at his own expense in a manner
approved in writing by the Employer.
72. Compliance with 72.1 The Contractor shall comply with all relevant ordinances,
Regulations for Explosives instructions and regulations which the Government, or
other person or persons having due authority, may issue
from time to time regarding the handling, transportation,
storage and use of explosives.
73. Permission for Blasting 73.1 The Contractor shall at all times maintain full liaison with and
inform well in advance, and obtain such permission as is
required from all Government authorities, public bodies and
private parties whatsoever concerned or affected, or likely to be
concerned or affected by blasting operation.
74. Records of Explosives 74.1 Before the beginning of the Defects Liability Period, the Contractor
shall account to the satisfaction of the Project Manager for all
explosives brought on to the Site during the execution of the
Contract and the Contractor shall remove all unused explosives
from the Site on completion of works when ordered by the
Project Manager.
SECTION - VIII
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the GCC. Whenever there is a conflict, the
provisions herein shall prevail over those in the GCC
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GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be 90 days
GCCs 1.1 The Project Manager is Center Chief (Rajbiraj Distribution Center)
(aa) & 4.1 The Project Manager and Engineer are synonyms.
GCC 1.1 (cc) The Site is located at Hanumannagar Kankalilini Municipality, Ward No. 13,
Gobadgadha, Saptary
GCC 1.1 (jj) The Works consist of Pile Foundation Work at Hanumannagar Kankalilini
Municipality, Ward No. 13, Gobadgadha, Saptary
GCC 2.2
GCC 2.3(i) The following documents also form part of the Contract: Standar Specification for
Road and Bridge Works 2073 Published vy Govenrment of Nepal, Ministry of
Physical Planning and Works, Department of Roads
GCC 13.1 The minimum insurance amounts and deductibles shall be:
1. The minimum cover for loss of or damage to the Works, Plant and
Materials is: 115% of the Contract Amount.
2. The maximum deductible for insurance of the Works and of Plant and
Materials is: 100000 (One hundred thousand only)
3. The minimum cover for loss or damage to Equipment is : Replacement Cost
4. The maximum deductible for insurance of Equipment is: 50000.00
5. The minimum for insurance of other property is: 2000000 with unlimited
number of occurrences
6. The maximum deductible for insurance of other property is:100000
The minimum cover for personal injury or death insurance
i. for the Contractor’s employees is that specified in the Labor act of
Nepal and
ii. for other people is : 500000 (Five hundred thousand) with an unlimited
number of occurrences
iii. For employer's/Engineer's staff: NRS 1000000.00 (One million per
person) maximum 10 person with unlimited number of Occurences
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 115
GCC 25.4 The place of arbitration shall be: Kathmandu , Nepal as per NEPCA
B. Time Control
GCC 26.1 The Contractor shall submit for approval a Program for the Works within 7
days from the date of the Letter of Acceptance.
C. Quality Control
GCC 34.1 The Defects Liability Period is: 365 days.
D. Cost Control
GCC 47.1 The liquidated damages for the whole of the Works are 0.05 PERCENT of the final
Contract Price per day. The maximum amount of liquidated damages for the whole
of the Works is 10 PERCENT of the final Contract Price.
GCC 48.1 The Bonus for the whole of the Works is not applicable
GCC 49.1 The Advance Payments shall be: 20 % of Contract Price and shall be paid to the
Contractor in two installment. First 10% shall be paid after agreement and next 10% shall
be paid after satisfactory start of work
GCC 49.3 Deductions from Payment Certificates will commence in the first certificate in which
the value of works executed exceeds 30% of the Contract Price. Deduction will be at
the rate of [Insert percentage]1 of the respective Monthly Interim Payment Certificate
until such time as the advance payment has been repaid; provided that the advance
payment shall be completely repaid prior to the end of 80 % of the approved contract
period.
GCC 56.1 The date by which operating and maintenance manuals are required is work
completion date
The date by which “as built” drawings are required is no later than one month
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 116
GCC 56.2 The amount to be withheld for failing to produce “as built” drawings and/or
Operating and maintenance manuals is 100000.00
GCC 60.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is N/A
GCC 64 The Project Manager has to obtain the specific approval of the Employer for taking
any of the following actions :
a. Approving subcontracting of any part of the works under General Conditions
of Contract Clause 7;
b. Certifying additional costs determined under General Conditions of Contract
Clause 42;
c. Determining start date under General Conditions of Contract Clause 1;
d. Determining the extension of the intended Completion Date under General
Conditions of Contract Clause 27;
e. Issuing a Variation under General Conditions of Contract Clause 1 and 38,
except in an emergency situation, as reasonably determined by the Project
Manager; emergency situation may be defined as the situation when
protective measures must be taken for the safety of life or of the works or of
adjoining property.
f. Adjustment of rates under General Conditions of Contract Clause 37;
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 117
Annex-1
Table of Price Adjustment Data
[SCC 45.1]
Base Employer's Proposed Bidder's Proposed
Index Source of
Code Value and Weighting Range Weighting
Description Index*
Date (coefficient) (coefficient)**
1 2 3 4 5 6
Non -
0.15 0.15
adjustable (A)
Labor (b)
Materials (c)
Equipment
usage (d)
Total 1.00
Note: Base value and Bidder’s proposed weighting coefficient to be filled as per “Bid Form of
Table of Price Adjustment Data” in Bidding Forms (Section-IV) after verification by the
Employer in case of the alternative provision of Bidder proposed value and weighting
coefficient.
1 2 3 4 5
** For the purpose of calculation of price adjustment, the Ex-factory price of the same source mentioned
in the table shall be taken into consideration.
Note: Base Price and source to be filled as per “Bid Form of Table of Price Adjustment Data” in
Bidding Forms (Section-IV) after verification by the Employer in case of the alternative
provision of Bidder proposed source and base price.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 118
SECTION - IX
Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 119
Letter of Intent
[on letterhead paper of the Employer]
Subject: ... ......................................................... .. Issuance of letter of intent to award the contract ............
This is to notify you that, it is our intention to award the contract ... ............................................... .[insert
date] ............................for execution of the ... .................................................................................... . [insert
name of the contract and identification number, as given in the Contract Data/SCC] to you as your bid
price ............................................ [insert amount in figures and words in Nepalese Rupees] as corrected
and modified in accordance with the Instructions to Bidders is hereby selected as substantially responsive
lowest evaluated bid.
Title: ……………………………………………….
CC:
[Insert name and address of all other Bidders, who submitted the bid]
Letter of Acceptance
[on letterhead paper of the Employer]
Date: ……………………..
You are hereby instructed to contact this office to sign the formal contract agreement within 15 days
with Performance Security as specified in the SCC consisting of a Bank Guarantee in the format
included in Section IX (Contract Forms) of this Bidding Document.
The Employer shall forfeit the bid security, in case you fail to furnish the Performance Security and to
sign the contract within specified period.
Contract Agreement
THIS AGREEMENT made the ....................................day of …………………………..
between…………………………. name of the Employer ……………………………….. (hereinafter
“the Employer”), of the one part, and ……………………………name of the Contractor
………………………………(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as ……………………….... name of the
Contract ..............................should be executed by the Contractor, and has accepted a Bid by the
Contractor for the execution and completion of these Works and the remedying of any defects in the
sum of NRs …..........…..[insert amount of contract price in words and figures including taxes]
(hereinafter “the Contract Price”).
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement.
(a) the Letter of Acceptance;
(b) the Letter of Bid;
(c) the Addenda Nos ................................... insert addenda numbers if any …………………
(d) the Special Conditions of Contract;
(e) the General Conditions of Contract;
(f) Bills of Quantities (BOQ);
(g) the Specification;
(h) the Drawings;
(i) the Activity Schedules; and
(j) Table of Price Adjustment Data
(k) .....................................................[Specify if there are any other document ]
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this
Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy
defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the times and in the manner prescribed
by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of Nepal on the day, month and year indicated above.
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 122
We have been informed that ... ... [insert name of the Contractor] (hereinafter called "the Contractor")
has been notified by you to sign the Contract No. .. .. [insert reference number of the Contract] for the
execution of ... .. [insert name of contract and brief description of Works] (hereinafter called "the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we ... ............................................. . [insert name of the Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ............... [insert
name of the currency and amount in figures*] (........................... .. insert amount in words) such sum being
payable in Nepalese Rupees, upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your
needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the ............................................... . Day of ... ............ . **, and
any demand for payment under it must be received by us at this office on or before that date.
…………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the
final document.
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract in Nepalese Rupees.
** Insert the date thirty days after the date specified for the Defect Liability Period. The Employer should
note that in the event of an extension of the time for completion of the Contract, the Employer would
need to request an extension of this guarantee from the Guarantor. Such request must be in writing and
must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph:
“The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months],
... Bank’s Name, and Address of Issuing Branch or Office ...
Date:
We have been informed that ... . name of the Contractor ... ............. . (hereinafter called "the Contractor")
has entered into Contract No. .. .. reference number of the Contract ... ................. dated ................ . with you,
Pile Foundation Work At Hanumannagar Kankalilini Municipality, Ward No. 13, Gobadgadha, Saptary TENDER NO: NEA-RBDC-2076/077-02 125
for the execution of .............................................. . name of contract and brief description of Works ... ............... .
(hereinafter called
"the Contract").Furthermore, we understand that, according to the Conditions of the Contract, an advance
payment in the sum
. name of the currency and amount in figures*... .......................................... . (... ........... . amount in words
........................................................................................................................................ .) is to
be made against an advance payment guarantee. At the request of the Contractor, we ... ............. . name of the Bank
.......................................................................................................... . hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ... ............................................ . name of the currency
and amount in
figures*... ......................................... . (............... . amount in words ... ............ .) upon receipt by us of your first
demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract
because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the
Works.
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment
repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be
presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment
certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the .......
day of ......**, whichever is earlier. Consequently, any demand for payment under this guarantee must be
received by us at this office on or before that date.
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
* The Guarantor shall insert an amount representing the amount of the advance payment in Nepalese Rupees of the
advance payment as specified in the Contract.
** Insert the date Thirty days after the expected completion date. The Employer should note that in the event of an
extension of the time for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the
form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee”.
SECTION-VI
Bill of Quantities
Bill of Quantities
1 Provisional Sum
Procument Item Details
SL.
Item Description Unit Quantity Unit Rate(NPR) Amount(NPR)
No
2 Construction work
Procument Item Details
Photographs
5 job 1.0
Skilled Labour
7 md 96.0
Unskilled Labour
8 md 96.0
Excavator
9 hr 60.0
Loader
10 hr 60.0
Tipper/Truck
11 hr 60.0
Tractor
12 hr 200.0
Procument Item Details
VAT
Grand Total