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EHS-ZW-CORDAID-429577-GO-RFB - Motorcycles

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Request for Bids

Goods
(One-Envelope Bidding Process)

Procurement of:
Motorcycles to support EHTs in Community Surveillance activities.

RFB No: ZW-CORDAID-429577-GO-RFB


Project: Zimbabwe COVID-19 Emergency Response Project and Essential
Health Services Additional Financing.
Purchaser: Cordaid Zimbabwe
Country: Zimbabwe
Issued on: 09 June 2024
1

Standard Procurement Document

Table of Contents
PART 1 – Bidding Procedures ............................................................................................... 3
Section I - Instructions to Bidders .............................................................................................5
Section II - Bid Data Sheet (BDS) ...........................................................................................35
Section III - Evaluation and Qualification Criteria ..................................................................41
Section IV - Bidding Forms .....................................................................................................47
Section V - Eligible Countries .................................................................................................61
Section VI - Fraud and Corruption ..........................................................................................63

PART 2 – Supply Requirements .......................................................................................... 67


Section VII - Schedule of Requirements .................................................................................69

PART 3 - Contract ................................................................................................................ 75


Section VIII - General Conditions of Contract ........................................................................76
Section IX - Special Conditions of Contract..........................................................................101
Section X - Contract Forms ...................................................................................................110
3

PART 1 – Bidding Procedures


Section I – Instructions to Bidders (ITB) 5

Section I - Instructions to Bidders

Contents
A. General ............................................................................................................................... 7
1. Scope of Bid ...................................................................................................................7
2. Source of Funds .............................................................................................................7
3. Fraud and Corruption .....................................................................................................8
4. Eligible Bidders .............................................................................................................8
5. Eligible Goods and Related Services ...........................................................................11

B. Contents of Request for Bids Document ........................................................................ 11


6. Sections of Bidding Document ....................................................................................11
7. Clarification of Bidding Document .............................................................................12
8. Amendment of Bidding Document ..............................................................................12

C. Preparation of Bids .......................................................................................................... 13


9. Cost of Bidding ............................................................................................................13
10. Language of Bid ...........................................................................................................13
11. Documents Comprising the Bid ...................................................................................13
12. Letter of Bid and Price Schedules ................................................................................14
13. Alternative Bids ...........................................................................................................14
14. Bid Prices and Discounts .............................................................................................14
15. Currencies of Bid and Payment ...................................................................................16
16. Documents Establishing the Eligibility and Conformity of the Goods and Related
Services ........................................................................................................................17
17. Documents Establishing the Eligibility and Qualifications of the Bidder ...................17
18. Period of Validity of Bids ............................................................................................18
19. Bid Security .................................................................................................................19
20. Format and Signing of Bid ...........................................................................................20

D. Submission and Opening of Bids .................................................................................... 21


21. Sealing and Marking of Bids .......................................................................................21
22. Deadline for Submission of Bids .................................................................................22
23. Late Bids ......................................................................................................................22
24. Withdrawal, Substitution, and Modification of Bids ...................................................22
25. Bid Opening .................................................................................................................23

E. Evaluation and Comparison of Bids ............................................................................... 24


26. Confidentiality .............................................................................................................24
27. Clarification of Bids .....................................................................................................24
28. Deviations, Reservations, and Omissions ....................................................................25
29. Determination of Responsiveness ................................................................................25
Section I – Instructions to Bidders (ITB) 6

30. Nonconformities, Errors and Omissions ......................................................................26


31. Correction of Arithmetical Errors ................................................................................26
32. Conversion to Single Currency ....................................................................................27
33. Margin of Preference ..................................................................................................27
34. Evaluation of Bids........................................................................................................27
35. Comparison of Bids .....................................................................................................28
36. Abnormally Low Bids..................................................................................................29
37. Qualification of the Bidder ..........................................................................................29
38. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids ........................30
39. Standstill Period ...........................................................................................................30
40. Notification of Intention to Award ..............................................................................30

F. Award of Contract ............................................................................................................ 30


41. Award Criteria .............................................................................................................30
42. Purchaser’s Right to Vary Quantities at Time of Award .............................................31
43. Notification of Award ..................................................................................................31
44. Debriefing by the Purchaser.........................................................................................32
45. Signing of Contract ......................................................................................................32
46. Performance Security ...................................................................................................33
47. Procurement Related Complaint ..................................................................................33
Section I – Instructions to Bidders (ITB) 7

Section I. Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice, Request
for Bids (RFB), specified in the Bid Data Sheet (BDS), the
Purchaser, as specified in the BDS, issues this bidding
document for the supply of Goods and, if applicable, any
Related Services incidental thereto, as specified in Section VII,
Schedule of Requirements. The name, identification and
number of lots (contracts) of this RFB are specified in the
BDS.
1.2 Throughout this bidding document:
(a) the term “in writing” means communicated in written
form (e.g. by mail, e-mail, fax, including if specified
in the BDS, distributed or received through the
electronic-procurement system used by the Purchaser)
with proof of receipt;
(b) if the context so requires, “singular” means “plural”
and vice versa; and
(c) “Day” means calendar day, unless otherwise specified
as “Business Day”. A Business Day is any day that is
an official working day of the Borrower. It excludes
the Borrower’s official public holidays.

2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)


specified in the BDS has applied for or received financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in
an amount specified in the BDS, toward the project named
in the BDS. The Borrower intends to apply a portion of the
funds to eligible payments under the contract for which this
bidding document is issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with
the terms and conditions of the Loan (or other financing)
Agreement. The Loan (or other financing) Agreement
prohibits a withdrawal from the Loan account for the
purpose of any payment to persons or entities, or for any
import of goods, if such payment or import is prohibited by
Section I – Instructions to Bidders (ITB) 8

decision of the United Nations Security Council taken under


Chapter VII of the Charter of the United Nations. No party
other than the Borrower shall derive any rights from the
Loan (or other financing) Agreement or have any claim to
the proceeds of the Loan (or other financing).

3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG’s Sanctions
Framework, as set forth in Section VI.
3.2 In further pursuance of this policy, Bidders shall permit and
shall cause their agents (where declared or not),
subcontractors, subconsultants, service providers, suppliers,
and personnel, to permit the Bank to inspect all accounts,
records and other documents relating to any initial selection
process, prequalification process, bid submission, proposal
submission, and contract performance (in the case of award),
and to have them audited by auditors appointed by the Bank.

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned
enterprise or institution subject to ITB 4.6, or any combination
of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. In the case of a joint
venture, all members shall be jointly and severally liable for the
execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who
shall have the authority to conduct all business for and on
behalf of any and all the members of the JV during the Bidding
process and, in the event the JV is awarded the Contract, during
contract execution. Unless specified in the BDS, there is no
limit on the number of members in a JV.
4.2 A Bidder shall not have a conflict of interest. Any Bidder found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest for the purpose of
this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is
under common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or
through common third parties, that puts it in a position
to influence the Bid of another Bidder, or influence the
Section I – Instructions to Bidders (ITB) 9

decisions of the Purchaser regarding this Bidding


process; or
(e) or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of
the works that are the subject of the Bid; or
(f) or any of its affiliates has been hired (or is proposed to
be hired) by the Purchaser or Borrower for the Contract
implementation; or
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm; or
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the bidding document or specifications
of the Contract, and/or the Bid evaluation process of
such Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless
the conflict stemming from such relationship has been
resolved in a manner acceptable to the Bank throughout
the Bidding process and execution of the Contract.
4.3 A firm that is a Bidder (either individually or as a JV member)
shall not participate in more than one Bid, except for permitted
alternative Bids. This includes participation as a subcontractor.
Such participation shall result in the disqualification of all Bids
in which the firm is involved. A firm that is not a Bidder or a
JV member, may participate as a subcontractor in more than
one Bid.
4.4 A Bidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.8. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with
the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of
constitution or association) and its registration documents, as
the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
Section I – Instructions to Bidders (ITB) 10

subconsultants for any part of the Contract including related


Services.
4.5 A Bidder that has been sanctioned by the Bank, pursuant to
the Bank’s Anti-Corruption Guidelines, in accordance with
its prevailing sanctions policies and procedures as set forth in
the WBG’s Sanctions Framework as described in Section VI
paragraph 2.2 d., shall be ineligible to be prequalified for,
initially selected for, bid for, propose for, or be awarded a
Bank-financed contract or benefit from a Bank-financed
contract, financially or otherwise, during such period of time
as the Bank shall have determined. The list of debarred firms
and individuals is available at the electronic address specified
in the BDS.
4.6 Bidders that are state-owned enterprises or institutions in the
Purchaser’s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are not
under supervision of the Purchaser.
4.7 A Bidder shall not be under suspension from Bidding by the
Purchaser as the result of the operation of a Bid–Securing
Declaration or Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods
or the contracting of works or services required; or (b) by an act
of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s country prohibits any import of goods
or contracting of works or services from that country, or any
payments to any country, person, or entity in that country.
4.9 A Bidder shall provide such documentary evidence of
eligibility satisfactory to the Purchaser, as the Purchaser shall
reasonably request.
4.10 A firm that is under a sanction of debarment by the Borrower
from being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower’s request, is
satisfied that the debarment;
(a) relates to fraud or corruption; and
(b) followed a judicial or administrative proceeding that
afforded the firm adequate due process.
Section I – Instructions to Bidders (ITB) 11

5. Eligible Goods 5.1 All the Goods and Related Services to be supplied under the
and Related Contract and financed by the Bank may have their origin in
Services any country in accordance with Section V, Eligible
Countries.
5.2 For purposes of this ITB, the term “goods” includes
commodities, raw material, machinery, equipment, and
industrial plants; and “related services” includes services
such as insurance, installation, training, and initial
maintenance.
5.3 The term “origin” means the country where the goods have
been mined, grown, cultivated, produced, manufactured or
processed; or, through manufacture, processing, or
assembly, another commercially recognized article results
that differs substantially in its basic characteristics from its
components.

B. Contents of Request for Bids Document


6. Sections of 6.1 The bidding document consist of Parts 1, 2, and 3, which
Bidding include all the sections indicated below, and should be read
Document in conjunction with any Addenda issued in accordance with
ITB 8.
PART 1 Bidding Procedures
• Section I - Instructions to Bidders (ITB)
• Section II - Bidding Data Sheet (BDS)
• Section III - Evaluation and Qualification
Criteria
• Section IV - Bidding Forms
• Section V - Eligible Countries
• Section VI - Fraud and Corruption

PART 2 Supply Requirements


• Section VII - Schedule of Requirements
PART 3 Contract
• Section VIII - General Conditions of Contract
(GCC)
• Section IX - Special Conditions of Contract
(SCC)
• Section X - Contract Forms
Section I – Instructions to Bidders (ITB) 12

6.2 The Specific Procurement Notice, Request for Bids (RFB),


issued by the Purchaser is not part of this bidding document.
6.3 Unless obtained directly from the Purchaser, the Purchaser
is not responsible for the completeness of the document,
responses to requests for clarification, the Minutes of the
pre-Bid meeting (if any), or Addenda to the bidding
document in accordance with ITB 8. In case of any
contradiction, documents obtained directly from the
Purchaser shall prevail.
6.4 The Bidder is expected to examine all instructions, forms,
terms, and specifications in the bidding document and to
furnish with its Bid all information or documentation as is
required by the bidding document.

7. Clarification of 7.1 A Bidder requiring any clarification of the bidding document


Bidding shall contact the Purchaser in writing at the Purchaser’s
Document address specified in the BDS. The Purchaser will respond in
writing to any request for clarification, provided that such
request is received prior to the deadline for submission of
Bids within a period specified in the BDS. The Purchaser
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. If so specified in the BDS, the Purchaser shall
also promptly publish its response at the web page identified
in the BDS. Should the clarification result in changes to the
essential elements of the bidding document, the Purchaser
shall amend the bidding document following the procedure
under ITB 8 and ITB 22.2.

8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Purchaser may amend the bidding document by issuing
Document addenda.
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 Purchaser in
accordance with ITB 6.3. The Purchaser shall also promptly
publish the addendum on the Purchaser’s web page in
accordance with ITB 7.1.
8.3 To give prospective Bidders reasonable time in which to take
an addendum into account in preparing their Bids, the
Purchaser may, at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 22.2.
Section I – Instructions to Bidders (ITB) 13

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 Purchaser
shall not 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
Purchaser, 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 into the language specified in the BDS, in which
case, for purposes of interpretation of the Bid, such
translation shall govern.

11. Documents 11.1 The Bid shall comprise the following:


Comprising the (a) Letter of Bid prepared in accordance with ITB 12;
Bid
(b) Price Schedules: completed in accordance with ITB 12
and ITB 14;
(c) Bid Security or Bid-Securing Declaration, in
accordance with ITB 19.1;
(d) Alternative Bid: if permissible, in accordance with
ITB 13;
(e) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in
accordance with ITB 20.3;
(f) Qualifications: documentary evidence in accordance
with ITB 17 establishing the Bidder’s qualifications to
perform the Contract if its Bid is accepted;
(g) Bidder’s Eligibility: documentary evidence in
accordance with ITB 17 establishing the Bidder’s
eligibility to bid;
(h) Eligibility of Goods and Related Services:
documentary evidence in accordance with ITB 16,
establishing the eligibility of the Goods and Related
Services to be supplied by the Bidder;
(i) Conformity: documentary evidence in accordance
with ITB 16 and 30, that the Goods and Related
Services conform to the bidding document; and
Section I – Instructions to Bidders (ITB) 14

(j) any other document required in the BDS.


11.2 In addition to the requirements under ITB 11.1, Bids
submitted by a JV shall include a copy of the Joint Venture
Agreement entered into by all members. Alternatively, a
letter of intent to execute a Joint Venture Agreement in the
event of a successful Bid shall be signed by all members and
submitted with the Bid, together with a copy of the proposed
Agreement.
11.3 The Bidder shall furnish in the Letter of Bid information on
commissions and gratuities, if any, paid or to be paid to agents
or any other party relating to this Bid.

12. Letter of Bid and 12.1. The Letter of Bid and Price Schedules shall be prepared
Price Schedules using the relevant forms furnished in Section IV, Bidding
Forms. The forms must be completed without any alterations
to the text, and no substitutes shall be accepted except as
provided under ITB 20.3. All blank spaces shall be filled in
with the information requested.

13. Alternative Bids 13.1. Unless otherwise specified in the BDS, alternative Bids shall
not be considered.

14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter
Discounts of Bid and in the Price Schedules shall conform to the
requirements specified below.
14.2 All lots (contracts) and items must be listed and priced
separately in the Price Schedules.
14.3 The price to be quoted in the Letter of Bid in accordance with
ITB 12.1 shall be the total price of the Bid, excluding any
discounts offered.
14.4 The Bidder shall quote any discounts and indicate the
methodology for their application in the Letter of Bid, in
accordance with ITB 12.1.
14.5 Prices quoted by the Bidder shall be fixed during the
Bidder’s performance of the Contract and not subject to
variation on any account, unless otherwise specified in the
BDS. A Bid submitted with an adjustable price quotation
shall be treated as nonresponsive and shall be rejected,
pursuant to ITB 29. However, if in accordance with the
BDS, prices quoted by the Bidder shall be subject to
adjustment during the performance of the Contract, a Bid
submitted with a fixed price quotation shall not be rejected,
but the price adjustment shall be treated as zero.
Section I – Instructions to Bidders (ITB) 15

14.6 If so specified in ITB 1.1, Bids are being invited for


individual lots (contracts) or for any combination of lots
(packages). Unless otherwise specified in the BDS, prices
quoted shall correspond to 100 % of the items specified for
each lot and to 100% of the quantities specified for each item
of a lot. Bidders wishing to offer discounts for the award of
more than one Contract shall specify in their Bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Discounts shall be
submitted in accordance with ITB 14.4 provided the Bids for
all lots (contracts) are opened at the same time.
14.7 The terms EXW, CIP, and other similar terms shall be
governed by the rules prescribed in the current edition of
Incoterms, published by the International Chamber of
Commerce, as specified in the BDS.
14.8 Prices shall be quoted as specified in each Price Schedule
included in Section IV, Bidding Forms. The disaggregation
of price components is required solely for the purpose of
facilitating the comparison of Bids by the Purchaser. This
shall not in any way limit the Purchaser’s right to contract on
any of the terms offered. In quoting prices, the Bidder shall
be free to use transportation through carriers registered in
any eligible country, in accordance with Section V, Eligible
Countries. Similarly, the Bidder may obtain insurance
services from any eligible country in accordance with
Section V, Eligible Countries. Prices shall be entered in the
following manner:
(a) For Goods manufactured in the Purchaser’s Country:
(i) the price of the Goods quoted EXW (ex-works,
ex-factory, ex warehouse, ex showroom, or off-
the-shelf, as applicable), including all customs
duties and sales and other taxes already paid or
payable on the components and raw material used
in the manufacture or assembly of the Goods;
(ii) any Purchaser’s Country sales tax and other taxes
which will be payable on the Goods if the
Contract is awarded to the Bidder; and
(iii) the price for inland transportation, insurance, and
other local services required to convey the Goods to
their final destination (Project Site) specified in the
BDS.
(b) For Goods manufactured outside the Purchaser’s
Country, to be imported:
Section I – Instructions to Bidders (ITB) 16

(i) the price of the Goods, quoted CIP named place


of destination, in the Purchaser’s Country, as
specified in the BDS;
(ii) the price for inland transportation, insurance, and
other local services required to convey the Goods
from the named place of destination to their final
destination (Project Site) specified in the BDS;
(c) For Goods manufactured outside the Purchaser’s
Country, already imported:
(i) the price of the Goods, including the original
import value of the Goods; plus any mark-up (or
rebate); plus any other related local cost, and
custom duties and other import taxes already paid
or to be paid on the Goods already imported;
(ii) the custom duties and other import taxes already
paid (need to be supported with documentary
evidence) or to be paid on the Goods already
imported;
(iii) the price of the Goods, obtained as the difference
between (i) and (ii) above;
(iv) any Purchaser’s Country sales and other taxes
which will be payable on the Goods if the
Contract is awarded to the Bidder; and
(v) the price for inland transportation, insurance, and
other local services required to convey the Goods
to their final destination (Project Site) specified
in the BDS.
(d) for Related Services, other than inland transportation
and other services required to convey the Goods to
their final destination, whenever such Related Services
are specified in the Schedule of Requirements, the
price of each item comprising the Related Services
(inclusive of any applicable taxes).

15. Currencies of Bid 15.1 The currency(ies) of the Bid and the currency(ies) of payments
and Payment shall be the same. The Bidder shall quote in the currency of
the Purchaser’s Country the portion of the Bid price that
corresponds to expenditures incurred in the currency of the
Purchaser’s Country, unless otherwise specified in the BDS.
15.2 The Bidder may express the Bid price in any currency. If the
Bidder wishes to be paid in a combination of amounts in
different currencies, it may quote its price accordingly but
Section I – Instructions to Bidders (ITB) 17

shall use no more than three foreign currencies in addition to


the currency of the Purchaser’s Country.

16. Documents 16.1 To establish the eligibility of the Goods and Related Services
Establishing the in accordance with ITB 5, Bidders shall complete the
Eligibility and country of origin declarations in the Price Schedule Forms,
Conformity of the included in Section IV, Bidding Forms.
Goods and 16.2 To establish the conformity of the Goods and Related
Related Services Services to the bidding document, the Bidder shall furnish as
part of its Bid the documentary evidence that the Goods
conform to the technical specifications and standards
specified in Section VII, Schedule of Requirements.
16.3 The documentary evidence may be in the form of literature,
drawings or data, and shall consist of a detailed item by item
description of the essential technical and performance
characteristics of the Goods and Related Services,
demonstrating substantial responsiveness of the Goods and
Related Services to the technical specification, and if
applicable, a statement of deviations and exceptions to the
provisions of the Section VII, Schedule of Requirements.
16.4 The Bidder shall also furnish a list giving full particulars,
including available sources and current prices of spare parts,
special tools, etc., necessary for the proper and continuing
functioning of the Goods during the period specified in the
BDS following commencement of the use of the goods by
the Purchaser.
16.5 Standards for workmanship, process, material, and
equipment, as well as references to brand names or catalogue
numbers specified by the Purchaser in the Schedule of
Requirements, are intended to be descriptive only and not
restrictive. The Bidder may offer other standards of quality,
brand names, and/or catalogue numbers, provided that it
demonstrates, to the Purchaser’s satisfaction, that the
substitutions ensure substantial equivalence or are superior
to those specified in the Section VII, Schedule of
Requirements.

17. Documents 17.1 To establish Bidder’s eligibility in accordance with ITB 4,


Establishing the Bidders shall complete the Letter of Bid, included in Section
Eligibility and IV, Bidding Forms.
Qualifications of 17.2 The documentary evidence of the Bidder’s qualifications to
the Bidder perform the Contract if its Bid is accepted shall establish to
the Purchaser’s satisfaction:
Section I – Instructions to Bidders (ITB) 18

(a) that, if required in the BDS, a Bidder that does not


manufacture or produce the Goods it offers to supply
shall submit the Manufacturer’s Authorization using the
form included in Section IV, Bidding Forms to
demonstrate that it has been duly authorized by the
manufacturer or producer of the Goods to supply these
Goods in the Purchaser’s Country;
(b) that, if required in the BDS, in case of a Bidder not
doing business within the Purchaser’s Country, the
Bidder is or will be (if awarded the Contract)
represented by an Agent in the country equipped and
able to carry out the Supplier’s maintenance, repair and
spare parts-stocking obligations prescribed in the
Conditions of Contract and/or Technical
Specifications; and
(c) that the Bidder meets each of the qualification criterion
specified in Section III, Evaluation and Qualification
Criteria.

18. Period of Validity of 18.1. Bids shall remain valid until the date specified in the BDS or
Bids any extended date if amended by the Purchaser in accordance
with ITP 8. A Bid that is not valid until the date specified in
the BDS, or any extended date if amended by the Purchaser in
accordance with ITP 8, shall be rejected by the Purchaser as
nonresponsive.
18.2. In exceptional circumstances, prior to the expiry of the Bid
validity, the Purchaser may request Bidders to extend the
period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be
extended for a corresponding period. A Bidder may refuse
the request without forfeiting its Bid Security. A Bidder
granting the request shall not be required or permitted to
modify its Bid, except as provided in ITB 18.3.
18.3. If the award is delayed by a period exceeding fifty-six (56) days
beyond the expiry of the initial Bid validity period, the Contract
price shall be determined as follows:
(a) in the case of fixed price contracts, the Contract price
shall be the Bid price adjusted by the factor specified in
the BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made;
Section I – Instructions to Bidders (ITB) 19

(c) in any case, Bid evaluation shall be based on the Bid


price without taking into consideration the applicable
correction from those indicated above.

19. Bid Security 19.1. The Bidder shall furnish as part of its Bid, either a Bid-
Securing Declaration or a Bid Security, as specified in the
BDS, in original form and, in the case of a Bid Security, in
the amount and currency specified in the BDS.
19.2. A Bid Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3. If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or non-
bank financial institution (such as an insurance,
bonding or surety company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source, and an eligible country. If an
unconditional guarantee is issued by a non-bank financial
institution located outside the Purchaser’s Country, the issuing
non-bank financial institution shall have a correspondent
financial institution located in the Purchaser’s Country to make
it enforceable unless the Purchaser has agreed in writing, prior
to Bid submission, that a correspondent financial institution is
not required. 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 substantially
similar format approved by the Purchaser prior to Bid
submission. The Bid Security shall be valid for twenty-eight
(28) days beyond the original date of expiry of the Bid validity,
or beyond any extended date if requested under ITB 18.2.
19.4. If a Bid Security is specified pursuant to ITB 19.1, any Bid
not accompanied by a substantially responsive Bid Security
shall be rejected by the Purchaser as non-responsive.
19.5. If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder’s signing
the Contract and furnishing the Performance Security
pursuant to ITB 46.
Section I – Instructions to Bidders (ITB) 20

19.6. The Bid Security of the successful Bidder shall be returned


as promptly as possible once the successful Bidder has
signed the Contract and furnished the required Performance
Security.
19.7. The Bid Security may be forfeited:
(a) if a Bidder withdraws its Bid prior to the expiry date of
Bid validity specified by the Bidder on the Letter of
Bid or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 45; or
(ii) furnish a Performance Security in accordance
with ITB 46.
19.8. The Bid Security or Bid- Securing Declaration of a JV must
be in the name of the JV that submits the Bid. If the JV has
not been legally constituted into a legally enforceable JV at
the time of Bidding, the Bid Security or Bid-Securing
Declaration shall be in the names of all future members as
named in the letter of intent referred to in ITB 4.1 and ITB
11.2.
19.9. If a Bid Security is not required in the BDS, pursuant to ITB
19.1, and
(a) if a Bidder withdraws its Bid during the period of Bid
validity specified by the Bidder on the Letter of Bid, or
any extended date provided by the Bidder; or
(b) if the successful Bidder fails to: sign the Contract in
accordance with ITB 45; or furnish a performance
security in accordance with ITB 46;
the Borrower may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Purchaser
for a period of time as stated in the BDS.

20. Format and Signing 20.1 The Bidder shall prepare one original of the documents
of Bid comprising the 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 them “COPY.”
In the event of any discrepancy between the original and the
copies, the original shall prevail.
20.2 Bidders shall mark as “CONFIDENTIAL” information in their
Bids which is confidential to their business. This may include
Section I – Instructions to Bidders (ITB) 21

proprietary information, trade secrets, or commercial or


financially sensitive information.
20.3 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 where entries
or amendments have been made shall be signed or initialed by
the person signing the Bid.
20.4 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and so
as to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized
representatives.
20.5 Any inter-lineation, erasures, or overwriting shall be valid
only if they are signed or initialed by the person signing the
Bid.

D. Submission and Opening of Bids


21. Sealing and 21.1. The Bidder shall deliver the Bid in a single, sealed envelope
Marking of Bids (one-envelope Bidding process). Within the single envelope
the Bidder shall place the following separate, sealed envelopes:
(a) in an envelope marked “ORIGINAL”, all documents
comprising the Bid, as described in ITB 11; and
(b) in an envelope marked “COPIES”, all required copies of
the Bid; and,
(c) if alternative Bids are permitted in accordance with ITB
13, and if relevant:
i. in an envelope marked “ORIGINAL -ALTERNATIVE”,
the alternative Bid; and
ii. in the envelope marked “COPIES – ALTERNATIVE
BID” all required copies of the alternative Bid.
21.2. The inner and outer envelopes, shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Purchaser in accordance with ITB
22.1;
(c) bear the specific identification of this Bidding process
indicated in ITB 1.1; and
Section I – Instructions to Bidders (ITB) 22

(d) bear a warning not to open before the time and date for
Bid opening.
21.3 If all envelopes are not sealed and marked as required, the
Purchaser will assume no responsibility for the
misplacement or premature opening of the Bid.

22. Deadline for 22.1. Bids must be received by the Purchaser at the address and no
Submission of Bids later than the date and time specified in the BDS. When so
specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.
22.2. The Purchaser may, at its discretion, extend the deadline for
the submission of Bids by amending the bidding document
in accordance with ITB 8, in which case all rights and
obligations of the Purchaser and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as
extended.

23. Late Bids 23.1. The Purchaser shall not consider any Bid that arrives after
the deadline for submission of Bids, in accordance with ITB
22. Any Bid received by the Purchaser after the deadline for
submission of Bids shall be declared late, rejected, and
returned unopened to the Bidder.

24. Withdrawal, 24.1. A Bidder may withdraw, substitute, or modify its Bid after it
Substitution, and has been submitted by sending a written notice, duly signed
Modification of Bids by an authorized representative, and shall include a copy of
the authorization (the power of attorney) in accordance with
ITB 20.3, (except that withdrawal notices do not require
copies). The corresponding substitution or modification of
the Bid must accompany the respective written notice. All
notices must be:
(a) prepared and submitted in accordance with ITB 20 and
21 (except that withdrawal notices do not require
copies), and in addition, the respective envelopes shall
be clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
or “MODIFICATION;” and
(b) received by the Purchaser prior to the deadline
prescribed for submission of Bids, in accordance with
ITB 22.
24.2. Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
Section I – Instructions to Bidders (ITB) 23

24.3. No Bid may be withdrawn, substituted, or modified in the


interval between the deadline for submission of Bids and the
expiration of the period of Bid validity specified by the
Bidder on the Letter of Bid or any extension thereof.

25. Bid Opening 25.1. Except as in the cases specified in ITB 23 and ITB 24.2, the
Purchaser shall, at the Bid opening, publicly open and read
out all Bids received by the deadline at the date, time and
place specified in the BDS in the presence of Bidders’
designated representatives and anyone who chooses to attend
Any specific electronic Bid opening procedures required if
electronic bidding is permitted in accordance with ITB 22.1,
shall be as specified in the BDS.
25.2. First, 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. If the
withdrawal envelope does not contain a copy of the “power
of attorney” confirming the signature as a person duly
authorized to sign on behalf of the Bidder, the corresponding
Bid will be opened. 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.
25.3. Next, envelopes marked “SUBSTITUTION” shall be opened
and read out and exchanged with the corresponding Bid
being substituted, and the substituted Bid shall not be
opened, but returned to the Bidder. No Bid substitution shall
be permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and
is read out at Bid opening.
25.4. 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.
25.5. Next, all remaining envelopes shall be opened one at a time,
reading out: the name of the Bidder and whether there is a
modification; the total Bid Prices, per lot (contract) if
applicable, including any discounts and alternative Bids; the
presence or absence of a Bid Security, if required; and any
other details as the Purchaser may consider appropriate.
25.6. Only Bids, alternative Bids and discounts that are opened and
read out at Bid opening shall be considered further in the
evaluation. The Letter of Bid and the Price Schedules are to
Section I – Instructions to Bidders (ITB) 24

be initialed by representatives of the Purchaser attending Bid


opening in the manner specified in the BDS.
25.7. The Purchaser shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB
23.1).
25.8. The Purchaser shall prepare a record of the Bid opening that
shall include, as a minimum:
(a) the name of the Bidder and whether there is a
withdrawal, substitution, or modification;
(b) the Bid Price, per lot (contract) if applicable, including
any discounts;
(c) any alternative Bids;
(d) the presence or absence of a Bid Security or Bid-
Securing Declaration, if one was required.
25.9. 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. A copy of the record shall be distributed
to all Bidders.

E. Evaluation and Comparison of Bids


26. Confidentiality 26.1 Information relating to the evaluation of Bids and
recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with
the Bidding process until the information on Intention to
Award the Contract is transmitted to all Bidders in
accordance with ITB 40.
26.2 Any effort by a Bidder to influence the Purchaser in the
evaluation or contract award decisions may result in the
rejection of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of Bid opening to
the time of Contract Award, if any Bidder wishes to contact
the Purchaser on any matter related to the Bidding process,
it should do so in writing.

27. Clarification of Bids 27.1 To assist in the examination, evaluation, comparison of the
Bids, and qualification of the Bidders, the Purchaser may, at
its discretion, ask any Bidder for a clarification of its Bid.
Any clarification submitted by a Bidder in respect to its Bid
and that is not in response to a request by the Purchaser shall
not be considered. The Purchaser’s request for clarification
and the response shall be in writing. No change, including
Section I – Instructions to Bidders (ITB) 25

any voluntary increase or decrease, in the prices or substance


of the Bid shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the
Purchaser in the Evaluation of the Bids, in accordance with
ITB 31.
27.2 If a Bidder does not provide clarifications of its Bid by the
date and time set in the Purchaser’s request for clarification,
its Bid may be rejected.

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 Purchaser’s determination of a Bid’s responsiveness is


Responsiveness to be based on the contents of the Bid itself, as defined in
ITB 11.
29.2 A substantially responsive Bid is one that meets the
requirements of the bidding document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Goods and Related Services
specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the
bidding document, the Purchaser’s rights or the
Bidder’s obligations under the Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive Bids.
29.3 The Purchaser shall examine the technical aspects of the Bid
submitted in accordance with ITB 16 and ITB 17, in particular,
to confirm that all requirements of Section VII, Schedule of
Requirements have been met without any material deviation or
reservation, or omission.
Section I – Instructions to Bidders (ITB) 26

29.4 If a Bid is not substantially responsive to the requirements


of bidding document, it shall be rejected by the Purchaser
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.

30. Nonconformities, 30.1 Provided that a Bid is substantially responsive, the Purchaser
Errors and may waive any nonconformities in the Bid.
Omissions 30.2 Provided that a Bid is substantially responsive, the Purchaser
may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities or omissions in
the Bid related to documentation requirements. Such
omission 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 Purchaser
shall rectify quantifiable nonmaterial nonconformities related
to the Bid Price. To this effect, the Bid Price shall be adjusted,
for comparison purposes only, to reflect the price of a missing
or non-conforming item or component, by adding the average
price of the item or component quoted by substantially
responsive Bidders. If the price of the item or component
cannot be derived from the price of other substantially
responsive Bids, the Purchaser shall use its best estimate.

31. Correction of 31.1 Provided that the Bid is substantially responsive, the Purchaser
Arithmetical Errors shall correct arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the
line item total that is obtained by multiplying the unit
price by the quantity, the unit price shall prevail and
the line item total shall be corrected, unless in the
opinion of the Purchaser there is an obvious
misplacement of the decimal point in the unit price, in
which case the line item total 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 words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject
to (a) and (b) above.
Section I – Instructions to Bidders (ITB) 27

31.2 Bidders shall be requested to accept correction of arithmetical


errors. Failure to accept the correction in accordance with ITB
31.1, shall result in the rejection of the Bid.

32. Conversion to Single 32.1 For evaluation and comparison purposes, the currency(ies)
Currency of the Bid shall be converted in a single currency as specified
in the BDS.

33. Margin of 33.1 Unless otherwise specified in the BDS, a margin of


Preference preference shall not apply.

34. Evaluation of Bids 34.1 The Purchaser shall use the criteria and methodologies listed
in this ITB and Section III, Evaluation and Qualification
criteria. No other evaluation criteria or methodologies shall
be permitted. By applying the criteria and methodologies,
the Purchaser shall determine the Most Advantageous Bid.
This is the Bid of the Bidder that meets the qualification
criteria and whose Bid has been determined to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.
34.2 To evaluate a Bid, the Purchaser shall consider the
following:
(a) evaluation will be done for Items or Lots (contracts),
as specified in the BDS; and the Bid Price as quoted
in accordance with ITB 14;
(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;
(d) converting the amount resulting from applying (a) to
(c) above, if relevant, to a single currency in
accordance with ITB 32;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 30.3; and
(f) the additional evaluation factors are specified in
Section III, Evaluation and Qualification Criteria.
34.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in Bid evaluation.
34.4 If this bidding document allows Bidders to quote separate
prices for different lots (contracts), the methodology to
determine the lowest evaluated cost of the lot (contract)
Section I – Instructions to Bidders (ITB) 28

combinations, including any discounts offered in the Letter of


Bid, is specified in Section III, Evaluation and Qualification
Criteria.
34.5 The Purchaser’s evaluation of a Bid will exclude and not
take into account:
(a) in the case of Goods manufactured in the Purchaser’s
Country, sales and other similar taxes, which will be
payable on the goods if a contract is awarded to the
Bidder;
(b) in the case of Goods manufactured outside the
Purchaser’s Country, already imported or to be
imported, customs duties and other import taxes levied
on the imported Good, sales and other similar taxes,
which will be payable on the Goods if the contract is
awarded to the Bidder;
(c) any allowance for price adjustment during the period
of execution of the contract, if provided in the Bid.
34.6 The Purchaser’s evaluation of a Bid may require the
consideration of other factors, in addition to the Bid Price
quoted in accordance with ITB 14. These factors may be
related to the characteristics, performance, and terms and
conditions of purchase of the Goods and Related Services.
The effect of the factors selected, if any, shall be expressed
in monetary terms to facilitate comparison of Bids, unless
otherwise specified in the BDS from amongst those set out
in Section III, Evaluation and Qualification Criteria. The
criteria and methodologies to be used shall be as specified in
ITB 34.2(f).

35. Comparison of Bids 35.1 The Purchaser shall compare the evaluated costs of all
substantially responsive Bids established in accordance with
ITB 34.2 to determine the Bid that has the lowest evaluated
cost. The comparison shall be on the basis of CIP (place of
final destination) prices for imported goods and EXW prices,
plus cost of inland transportation and insurance to place of
destination, for goods manufactured within the Borrower’s
country, together with prices for any required installation,
training, commissioning and other services. The evaluation
of prices shall not take into account custom duties and other
taxes levied on imported goods quoted CIP and sales and
similar taxes levied in connection with the sale or delivery
of goods.
Section I – Instructions to Bidders (ITB) 29

36. Abnormally Low 36.1 An Abnormally Low Bid is one where the Bid price, in
Bids combination with other constituent elements of the Bid,
appears unreasonably low to the extent that the Bid price
raises material concerns with the Purchaser as to the
capability of the Bidder to perform the Contract for the
offered Bid price.
36.2 In the event of identification of a potentially Abnormally
Low Bid, the Purchaser shall seek written clarification from
the Bidder, including a detailed price analyses of its Bid
price in relation to the subject matter of the contract, scope,
delivery schedule, allocation of risks and responsibilities and
any other requirements of the bidding document.
36.3 After evaluation of the price analyses, in the event that the
Purchaser determines that the Bidder has failed to
demonstrate its capability to perform the contract for the
offered Bid price, the Purchaser shall reject the Bid.

37. Qualification of the 37.1 The Purchaser shall determine, to its satisfaction, whether
Bidder the eligible Bidder that is selected as having submitted the
lowest evaluated cost and substantially responsive Bid,
meets the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria.
37.2 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. The
determination shall not take into consideration the
qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subcontractors (other
than specialized subcontractors if permitted in the bidding
document), or any other firm(s) different from the Bidder.
37.3 Prior to Contract award, the Purchaser will verify that the
successful Bidder (including each member of a JV) is not
disqualified by the Bank due to noncompliance with
contractual SEA/SH prevention and response obligations. The
Purchaser will conduct the same verification for each
subcontractor proposed by the successful Bidder. If any
proposed subcontractor does not meet the requirement, the
Purchaser will require the Bidder to propose a replacement
subcontractor.
37.4 An affirmative determination 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 Purchaser shall proceed to the Bidder who
offers a substantially responsive Bid with the next lowest
Section I – Instructions to Bidders (ITB) 30

evaluated cost to make a similar determination of that


Bidder’s qualifications to perform satisfactorily.

38. Purchaser’s Right to 38.1 The Purchaser reserves the right to accept or reject any Bid,
Accept Any Bid, and and to annul the Bidding process and reject all Bids at any
to Reject Any or All time prior to Contract Award, without thereby incurring any
Bids liability to Bidders. In case of annulment, all Bids submitted
and specifically, bid securities, shall be promptly returned to
the Bidders.

39. Standstill Period 39.1 The Contract shall not be awarded earlier than the expiry of the
Standstill Period. The Standstill Period shall be ten (10)
Business Days unless extended in accordance with ITB 44. The
Standstill Period commences the day after the date the
Purchaser has transmitted to each Bidder the Notification of
Intention to Award the Contract. Where only one Bid is
submitted, or if this contract is in response to an emergency
situation recognized by the Bank, the Standstill Period shall not
apply.

40. Notification of 40.1 The Purchaser shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder.
The Notification of Intention to Award shall contain, at a
minimum, the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
(c) the names of all Bidders who submitted Bids, and their
Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the
unsuccessful Bidder to whom the notification is
addressed) was unsuccessful, unless the price
information in c) above already reveals the reason;
(e) the expiry date of the Standstill Period;
(f) instructions on how to request a debriefing and/or
submit a complaint during the standstill period.

F. Award of Contract
41. Award Criteria 41.1 Subject to ITB 38, the Purchaser shall award the Contract to
the Bidder offering the Most Advantageous Bid. The Most
Advantageous Bid is the Bid of the Bidder that meets the
qualification criteria and whose Bid has been determined to
be:
Section I – Instructions to Bidders (ITB) 31

(a) substantially responsive to the bidding document; and


(b) the lowest evaluated cost.

42. Purchaser’s Right to 42.1 At the time the Contract is awarded, the Purchaser reserves
Vary Quantities at the right to increase or decrease the quantity of Goods and
Time of Award Related Services originally specified in Section VII,
Schedule of Requirements, provided this does not exceed the
percentages specified in the BDS, and without any change
in the unit prices or other terms and conditions of the Bid
and the bidding document.

43. Notification of 43.1 Prior to the date of expiry of the Bid validity and upon expiry
Award of the Standstill Period, specified in ITB 39.1 or any
extension thereof, and upon satisfactorily addressing any
complaint that has been filed within the Standstill Period,
the Purchaser shall notify the successful Bidder, in writing,
that its Bid has been accepted. The notification of award
(hereinafter and in the Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Purchaser will
pay the Supplier in consideration of the execution of the
Contract (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
43.2 Within ten (10) Business Days after the date of transmission
of the Letter of Acceptance, the Purchaser shall publish the
Contract Award Notice which shall contain, at a minimum,
the following information:
(a) name and address of the Purchaser;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their
Bid prices as read out at Bid opening, and as
evaluated;
(d) names of all Bidders whose Bids were rejected either
as nonresponsive or as not meeting qualification
criteria, or were not evaluated, with the reasons
therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary
of its scope; and
(f) successful Bidder’s Beneficial Ownership Disclosure
Form, if specified in BDS ITB 45.1.
43.3 The Contract Award Notice shall be published on the
Purchaser’s website with free access if available, or in at
Section I – Instructions to Bidders (ITB) 32

least one newspaper of national circulation in the


Purchaser’s Country, or in the official gazette. The
Purchaser shall also publish the contract award notice in
UNDB online.
43.4 Until a formal Contract is prepared and executed, the Letter
of Acceptance shall constitute a binding Contract.

44. Debriefing by the 44.1 On receipt of the Purchaser’s Notification of Intention to


Purchaser Award referred to in ITB 40.1, an unsuccessful Bidder has
three (3) Business Days to make a written request to the
Purchaser for a debriefing. The Purchaser shall provide a
debriefing to all unsuccessful Bidders whose request is
received within this deadline.
44.2 Where a request for debriefing is received within the
deadline, the Purchaser shall provide a debriefing within five
(5) Business Days, unless the Purchaser decides, for
justifiable reasons, to provide the debriefing outside this
timeframe. In that case, the standstill period shall
automatically be extended until five (5) Business Days after
such debriefing is provided. If more than one debriefing is
so delayed, the standstill period shall not end earlier than
five (5) Business Days after the last debriefing takes place.
The Purchaser shall promptly inform, by the quickest means
available, all Bidders of the extended standstill period
44.3 Where a request for debriefing is received by the Purchaser
later than the three (3)-Business Day deadline, the Purchaser
should provide the debriefing as soon as practicable, and
normally no later than fifteen (15) Business Days from the
date of publication of Public Notice of Award of contract.
Requests for debriefing received outside the three (3)-day
deadline shall not lead to extension of the standstill period.
44.4 Debriefings of unsuccessful Bidders may be done in writing
or verbally. The Bidders shall bear their own costs of
attending such a debriefing meeting.

45. Signing of Contract 45.1 The Purchaser shall send to the successful Bidder the Letter
of Acceptance including the Contract Agreement, and, if
specified in the BDS, a request to submit the Beneficial
Ownership Disclosure Form providing additional
information on its beneficial ownership. The Beneficial
Ownership Disclosure Form, if so requested, shall be
submitted within eight (8) Business Days of receiving this
request.
Section I – Instructions to Bidders (ITB) 33

45.2 The successful Bidder shall sign, date and return to the
Purchaser, the Contract Agreement within twenty-eight (28)
days of its receipt.
45.3 Notwithstanding ITB 45.2 above, in case signing of the
Contract Agreement is prevented by any export restrictions
attributable to the Purchaser, to the country of the Purchaser,
or to the use of the products/goods, systems or services to be
supplied, where such export restrictions arise from trade
regulations from a country supplying those products/goods,
systems or services, the Bidder shall not be bound by its Bid,
always provided however, that the Bidder can demonstrate
to the satisfaction of the Purchaser and of the Bank that
signing of the Contact Agreement has not been prevented by
any lack of diligence on the part of the Bidder in completing
any formalities, including applying for permits,
authorizations and licenses necessary for the export of the
products/goods, systems or services under the terms of the
Contract.

46. Performance 46.1 Within twenty-eight (28) days of the receipt of Letter of
Security Acceptance from the Purchaser, the successful Bidder, if
required, shall furnish the Performance Security in
accordance with the GCC 18, using for that purpose the
Performance Security Form included in Section X, Contract
Forms, or another Form acceptable to the Purchaser. If the
Performance Security furnished by the successful Bidder is
in the form of a bond, it shall be issued by a bonding or
insurance company that has been determined by the
successful Bidder to be acceptable to the Purchaser. A
foreign institution providing a bond shall have a
correspondent financial institution located in the Purchaser’s
Country, unless the Purchaser has agreed in writing that a
correspondent financial institution is not required.
46.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security. In that event the Purchaser
may award the Contract to the Bidder offering the next Most
Advantageous Bid.

47. Procurement Related 47.1 The procedures for making a Procurement-related


Complaint Complaint are as specified in the BDS.
Section II – Bid Data Sheet (BDS) 35

Section II - Bid Data Sheet (BDS)


The following specific data for the goods to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.

ITB A. General
Reference

ITB 1.1 The reference number of the Request for Bids (RFB) is EHS-ZW-
CORDAID-429577-GO-RFB The Purchaser is: Cordaid Zimbabwe on
behalf of the Ministry of Health and Child Care.
The name of the RFB is Procurement of 90 Motorcycles with Specimen
Boxes to support EHTs in community surveillance activities. The number
and identification of lots (contracts) comprising this RFB is: individual lots

ITB 1.2(a)

ITB 2.1 The Borrower is: The Government of Zimbabwe and Cordaid is the Project
Implementing Entity.
Loan or Financing Agreement amount: 15 million United States Dollar
The name of the Project is: Zimbabwe COVID-19 Emergency Response
Project and Essential Health Services Additional Financing.

ITB 4.1 Maximum number of members in the Joint Venture (JV) shall be: 2

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr.

B. Contents of Bidding Document


ITB 7.1 For Clarification of Bid purposes only, the Purchaser’s address is:
Attention: Procurement
Address: 15 Connaught Rd, Avondale,
City: Harare
Country: Zimbabwe
Telephone: 00263 772 161 806/7
Electronic mail address: procurementzim@cordaid.org
Requests for clarification should be received by the Purchaser no later
than: 17 June 2024.
Section II – Bid Data Sheet (BDS) 36

Web page: www.healthprojectzim.org.zw

C. Preparation of Bids
ITB 10.1 The language of the Bid is: “English”
All correspondence exchange shall be in English language.

ITB 11.1 (j) The Bidder shall submit the following additional documents in its Bid:
Inspection and Conformity Certificate (CBCA) as regulated by Ministry
of Industry and Commerce of the Republic of Zimbabwe through the
Bureau Veritas (inspection agency) or other approved by an independent
inspection agency/body as regulated by Ministry of Industry and
Commerce of Zimbabwe. Manufacturer Inspection Certificate is also
required.

ITB 13.1 Alternative Bids shall be considered.

ITB 14.5 The prices quoted by the Bidder shall be subject to adjustment during the
performance of the Contract.

ITB 14.6 Prices quoted for each lot (contract) shall correspond at least to 100 percent
of the items specified for each lot (contract).
Prices quoted for each item of a lot shall correspond at least to 100 percent of
the quantities specified for this item of a lot.

ITB 14.7 The Incoterms edition is: Incoterms 2020

ITB 14.8 Place of destination: DDP (as per shared delivery schedule), Zimbabwe
(b)(i)

ITB 14.8 Final Destination (Project Site): as per delivery schedule shared,
(a)(iii), (b)(ii) Zimbabwe
and (c)(v)

ITB 15.1 The Bidder is required to quote in the currency of the Purchaser’s Country
the portion of the Bid price that corresponds to expenditures incurred in
that currency.

ITB 16.4 Period of time the Goods are expected to be functioning (for the purpose of
spare parts): at least 36 months

ITB 17.2 (a) Manufacturer’s authorization is: Required

ITB 17.2 (b) After sales service is: Required


Section II – Bid Data Sheet (BDS) 37

ITB 18.1 The Bid shall be valid until: 120days after the bid submission deadline

ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): not applicale

ITB 19.1 A Bid-Securing Declaration shall be required.

ITB 19.3 (d) Other types of acceptable securities: None

ITB 19.9

ITB 20.1 In addition to the original Bid, the number of copies is: 3 hard copies and
1 password protected electronic bid.

ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of Power of Attorney

D. Submission and Opening of Bids


ITB 22.1 For Bid submission purposes only, the Purchaser’s address is:
Attention: Procurement
Street Address: 15 Connaught Rd, Avondale
City: Harare
Country: Zimbabwe
Password protected bids are accepted, however the passwords should be
sent on the day and time of bid opening.
The deadline for Bid submission is:
Date: 08 July 2024
Time: 1600hrs
Bidders shall be required to submit a single electronic Bid. Please note that
only password protected bids are accepted however the passwords should be
send on the day and time of bid opening.
The electronic Bidding submission procedures shall be submitted through
the Cordaid email: procurementzim@cordaid.org,
Please put reference of the bid.

ITB 25.1 The Bid opening shall take place at: Cordaid Zimbabwe
Street Address: 15 Connaught Rd, Avondale
Section II – Bid Data Sheet (BDS) 38

City: Harare
Country: Zimbabwe
Date: To be communicated in due course
Time: 1000hrs Harare time
The electronic Bid opening procedures shall be: via Teams

ITB 25.6 The Letter of Bid and Price Schedules shall be initialed by at least 2
representatives of the Purchaser conducting Bid opening.
Each Bid shall be initialed by all representatives and shall be numbered,
any modification to the unit or total price shall be initialed by the
Representative of the Purchaser

E. Evaluation and Comparison of Bids

ITB 32.1 The currency that shall be used for Bid evaluation and comparison
purposes to convert at the selling exchange rate all Bid prices expressed in
various currencies into a single currency is: United Stated Dollars
The source of exchange rate shall be Reserve Bank of Zimbabwe
The date for the exchange rate shall be 08 June 2023.

ITB 33.1 A margin of domestic preference shall apply.

ITB 34.2(a) Evaluation will be done for Bids will be evaluated lot by lot. If a Price
Schedule shows items listed but not priced, their prices shall be assumed
to be included in the prices of other items. An item not listed in the Price
Schedule shall be assumed to be not included in the Bid, and provided
that the Bid is substantially responsive, the average or highest price (as
specified in the BDS) of the item quoted by substantially responsive
Bidders will be added to the Bid price and the equivalent total cost of the
Bid so determined will be used for price comparison.

ITB 34.6 The adjustments shall be determined using the following criteria, from
amongst those set out in Section III, Evaluation and Qualification Criteria:
(a) Deviation in Delivery schedule: Yes.
(b) Deviation in payment schedule: Yes.
(c) the cost of major replacement component, mandatory spare parts,
and service: No
(d) the availability in the Purchaser’s Country of spare parts and after-
sales services for the equipment offered in the Bid Yes
Section II – Bid Data Sheet (BDS) 39

(e) Life cycle costs: the costs during the life of the goods or equipment
No
(f) the performance and productivity of the equipment offered; No

F. Award of Contract
ITB 42 The maximum percentage by which quantities may be increased is: 50%
The maximum percentage by which quantities may be decreased is: 50%

ITB 45. 1 The successful Bidder shall submit the Beneficial Ownership Disclosure
Form.

ITB 47.1 The procedures for making a Procurement-related Complaint are detailed
in the “Procurement Regulations for IPF Borrowers (Annex III).” If a
Bidder wishes to make a Procurement-related Complaint, the Bidder
should submit its complaint following these procedures, in writing (by the
quickest means available, that is either by email or fax), to:
For the attention: Zvisinei Nigel Valley
Title/position: Social Safeguards Specialist
Purchaser: Cordaid Zimbabwe
Email address: zvv@cordaid.org
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents; and
2. the Purchaser’s decision to award the contract.
Section III – Evaluation and Qualification Criteria 41

Section III - Evaluation and Qualification


Criteria
This Section contains the criteria that the Purchaser shall use to evaluate a Bid and qualify
the Bidders. No other factors, methods or criteria shall be used other than specified in this
bidding document.

Contents
1. Margin of Preference (ITB 33) ........................................................................................ 42

2. Evaluation (ITB 34) .......................................................................................................... 43

3. Qualification (ITB 37)....................................................................................................... 44


Section III – Evaluation and Qualification Criteria 42

1. Margin of Preference (ITB 33)

If the Bidding Data Sheet so specifies, the Purchaser will grant a margin of preference to goods
manufactured in the Purchaser’s Country for the purpose of Bid comparison, in accordance
with the procedures outlined in subsequent paragraphs.
Substantially responsive Bids will be classified in one of three groups, as follows:
(a) Group A: Bids offering goods manufactured in the Purchaser’s Country, for which (i)
labor, raw materials, and components from within the Purchaser’s Country account for
more than thirty (30) percent of the EXW price; and (ii) the production facility in which
they will be manufactured or assembled has been engaged in manufacturing or
assembling such goods at least since the date of Bid submission;
(b) Group B: All other Bids offering Goods manufactured in the Purchaser’s Country;
(c) Group C: Bids offering Goods manufactured outside the Purchaser’s Country that
have been already imported or that will be imported.
To facilitate this classification by the Purchaser, the Bidder shall complete whichever version
of the Price Schedule furnished in the bidding document is appropriate provided, however, that
the completion of an incorrect version of the Price Schedule by the Bidder shall not result in
rejection of its Bid, but merely in the Purchaser’s reclassification of the Bid into its appropriate
Bid group.
The Purchaser will first review the Bids to confirm the appropriateness of, and to modify as
necessary, the Bid group classification to which Bidders assigned their Bids in preparing their
Bid Forms and Price Schedules.
The Bids in each group will then be compared to determine the Bid with the lowest evaluated
cost in that group. The lowest evaluated cost Bid from each group shall then be compared with
each other and if as a result of this comparison a Bid from Group A or Group B is the lowest,
it shall be selected for the award.
If as a result of the preceding comparison, a Bid from Group C is the lowest evaluated cost, all
Bids from Group C shall be further compared with the Bid with the lowest evaluated cost from
Group A after adding to the evaluated costs of goods offered in each Bid from Group C, for the
purpose of this further comparison only, an amount equal to 15% (fifteen percent) of the respective
CIP Bid price for goods to be imported and already imported goods. Both prices shall include
unconditional discounts and be corrected for arithmetical errors. If the Bid from Group A is the
lowest, it shall be selected for award. If not, the lowest evaluated cost from Group C shall be
selected.
Most Advantageous Bid
The Purchaser shall use the criteria and methodologies listed in Section 2 and 3 below to determine
the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the
qualification criteria and whose Bid has been determined to be:
(a) substantially responsive to the bidding document; and
Section III – Evaluation and Qualification Criteria 43

(b) the lowest evaluated cost.

2. Evaluation (ITB 34)

2.1. Evaluation Criteria (ITB 34.6)


The Purchaser’s evaluation of a Bid may take into account, in addition to the Bid Price quoted
in accordance with ITB 14.8, one or more of the following factors as specified in ITB 34.2(f)
and in BDS referring to ITB 34.6, using the following criteria and methodologies.
(a) Delivery schedule. (As per Incoterms specified in the BDS)
The Goods specified in the List of Goods are required to be delivered within the
acceptable time range (after the earliest and before the final date, both dates
inclusive) specified in Section VII, Schedule of Requirements. No credit will be given
to deliveries before the earliest date, and Bids offering delivery after the final date
shall be treated as nonresponsive. Within this acceptable period, an adjustment of
[insert the adjustment factor], will be added, for evaluation purposes only, to the
Bid price of Bids offering deliveries later than the “Earliest Delivery Date”
specified in Section VII, Schedule of Requirements.
(b) Deviation in payment schedule.
(i) Bidders shall state their Bid price for the payment schedule outlined in the
SCC. Bids shall be evaluated on the basis of this base price. Bidders are,
however, permitted to state an alternative payment schedule and indicate the
reduction in Bid price they wish to offer for such alternative payment schedule.
The Purchaser may consider the alternative payment schedule and the reduced
Bid price offered by the Bidder selected on the basis of the base price for the
payment schedule outlined in the SCC.
(d) Availability in the Purchaser’s Country of spare parts and after sales services for
equipment offered in the Bid.
An adjustment equal to the cost to the Purchaser of establishing the minimum
service facilities and parts inventories if quoted separately, shall be added to the Bid
price, for evaluation purposes only.

2.2. Multiple Contracts (ITB 34.4)


If in accordance with ITB 1.1, Bids are invited for individual lots or for any combination of
lots, the contract will be awarded to the Bidder or Bidders offering a substantially responsive
Bid(s) and the lowest evaluated cost to the Purchaser for combined lots, after considering all
possible combination of lots, subject to the selected Bidder(s) meeting the required
Section III – Evaluation and Qualification Criteria 44

qualification criteria (this Section III, Sub-Section ITB 37 Qualification Requirements) for a
lot or combination of lots as the case may be.
In determining Bidder or Bidders that offer the total lowest evaluated cost to the Purchaser for
combined lots, the Purchaser shall apply the following steps in sequence:
(a) evaluate individual lots to determine the substantially responsive Bids and
corresponding evaluated costs;
(b) for each lot, rank the substantially responsive Bids starting from the lowest
evaluated cost for the lot;
(c) apply to the evaluated costs listed in b) above, any applicable discounts/price
reductions offered by a Bidder (s) for the award of multiple contracts based on the
discounts and the methodology for their application offered by the respective
Bidder; and
(d) determine contract award on the basis of the combination of lots that offer the
total lowest evaluated cost to the Purchaser.
2.3. Alternative Bids (ITB 13.1)
Alternative bids shall be permitted

3. Qualification (ITB 37)

3.1 Qualification Criteria (ITB 37.1)


After determining the substantially responsive Bid which offers the lowest-evaluated cost in
accordance with ITB 34, and, if applicable, the assessment of any Abnormally Low Bid (in
accordance with ITB 36) the Purchaser shall carry out the post-qualification of the Bidder in
accordance with ITB 37, using only the requirements specified. Requirements not included in
the text below shall not be used in the evaluation of the Bidder’s qualifications.
(a) Financial Capability: The Bidder shall submit audited financial statements or, if not
required by the law of the Bidder’s country, other financial statements acceptable to the
Purchaser, for the last ___3___ years prior to bid submission deadline, demonstrating the
current soundness of the Bidder’s financial position. For a joint venture, this requirement
shall be met by each member;

(b) Specific Experience: The Bidder shall demonstrate that it has successfully completed at
least _2 ___ contracts within the last _5__years prior to bid submission deadline, each with
a value of at least_USD200,000.00____ that have been successfully and substantially
completed and that are similar in nature and complexity to the Goods and Related Services
under the Contract. For a joint venture, this requirement may be met by all members
combined.
Section III – Evaluation and Qualification Criteria 45

(c) Documentary Evidence: The Bidder shall furnish documentary evidence to demonstrate
that the goods it offers meet the following usage requirement: Please note that the goods
should be compliant with Zimbabwe quality and inspection standards. The
Manufacturer Inspection Certificate is also required.

(d) Manufacturing experience and Technical Capacity: For the items under the Contract
that the bidder is a manufacturer, the Bidder shall furnish documentary evidence to
demonstrate that:

(i) it has manufactured goods of similar nature and complexity for at least __2_years,
prior to the bid submission deadline; and

(ii) its annual production capacity of goods of similar nature and complexity for each
of the last _3__years prior to the bid submission deadline, is at least__1__times the
quantities specified under the contract.
(e) Manufacturer’s authorization: A Bidder who does not manufacture an item/s where a
manufacturer authorization is required in accordance with BDS ITB 17.2 (a), the Bidder
shall provide evidence of being duly authorized by a manufacturer (Manufacturer’s
Authorization Form, Section IV, Bidding Forms), meeting the criteria in (d) (i) and (ii)
above, to supply the Goods;

(f) (f) A bidder who does who does not manufacture an item/s where a manufacturer
authorization is not required in accordance with BDS ITB 17.2 (a), the bidder shall submit
documentation on, its status as a supplier, to the satisfaction of the Purchaser (e.g.
authorized dealer/ distributor of the items).
At the time of Contract Award, the Bidder (including each subcontractor proposed by the
Bidder) shall not be subject to disqualification by the Bank for non-compliance with SEA/
SH obligations.
Section IV – Bidding Forms 47

Section IV - Bidding Forms


Table of Forms

Letter of Bid.........................................................................................................................48

Bidder Information Form ..................................................................................................51

Bidder’s JV Members Information Form ........................................................................52

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance


Declaration...........................................................................................................................53

Price Schedule: Goods Manufactured Outside the Purchaser’s Country, to be


Imported ..............................................................................................................................55

Price Schedule: Goods Manufactured Outside the Purchaser’s Country, already


imported* .............................................................................................................................56

Price Schedule: Goods Manufactured in the Purchaser’s Country ...............................57

Price and Completion Schedule - Related Services .........................................................58

Form of Bid-Securing Declaration ....................................................................................59

Manufacturer’s Authorization ..........................................................................................60


Section IV – Bidding Forms 48

Letter of Bid

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: Cordaid Zimbabwe

(a) No reservations: We have examined and have no reservations to the bidding


document, including Addenda issued in accordance with Instructions to Bidders (ITB
8);
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITB 4;
(c) Bid/Proposal-Securing Declaration: We have not been suspended nor declared
ineligible by the Purchaser based on execution of a Bid-Securing Declaration or
Proposal-Securing Declaration in the Purchaser’s Country in accordance with ITB 4.7;
(d) Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (iii) below and delete the others. In case of JV members
and/or subcontractors, indicate the status of disqualification by the Bank of each JV
member and/or subcontractor].

We, including any of our subcontractors:


(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations, and were removed from the disqualification list. An arbitral
award on the disqualification case has been made in our favor.]

(e) Conformity: We offer to supply in conformity with the bidding document and in
accordance with the Delivery Schedules specified in the Schedule of Requirements the
following Goods: [insert a brief description of the Goods and Related Services];
Section IV – Bidding Forms 49

(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (f)
below is:
Option 1, in case of one lot: Total price is: [insert the total price of the Bid in
words and figures, indicating the various amounts and the respective
currencies];

Or

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total
price of each lot in words and figures, indicating the various amounts and the
respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the
total price of all lots in words and figures, indicating the various amounts and
the respective currencies];
(g) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered.]
(ii) The exact method of calculations to determine the net price after application of
discounts is shown below: [Specify in detail the method that shall be used to apply
the discounts];
(h) Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance
with ITP 18.1], and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(i) Performance Security: If our Bid is accepted, we commit to obtain a performance
security in accordance with the bidding document;
(j) One Bid per Bidder: We are not submitting any other Bid(s) as an individual Bidder,
and we are not participating in any other Bid(s) as a Joint Venture member, or as a
subcontractor, and meet the requirements of ITB 4.3, other than alternative Bids
submitted in accordance with ITB 13;
(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not
subject to, and not controlled by any entity or individual that is subject to, a temporary
suspension or a debarment imposed by the World Bank Group or a debarment imposed
by the World Bank Group in accordance with the Agreement for Mutual Enforcement
of Debarment Decisions between the World Bank and other development banks.
Further, we are not ineligible under the Purchaser’s Country laws or official
regulations or pursuant to a decision of the United Nations Security Council;
(l) State-owned enterprise or institution: [select the appropriate option and delete the
other] [We are not a state-owned enterprise or institution] / [We are a state-owned
enterprise or institution but meet the requirements of ITB 4.6];
Section IV – Bidding Forms 50

(m) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract:
[insert complete name of each Recipient, its full address, the reason for which each
commission or gratuity was paid and the amount and currency of each such
commission or gratuity]

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(n) Binding Contract: We understand that this Bid, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract
between us, until a formal contract is prepared and executed;
(o) Purchaser Not Bound to Accept: We understand that you are not bound to accept the
lowest evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may
receive; and
(p) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no
person acting for us or on our behalf engages in any type of Fraud and Corruption.

Name of the Bidder: *[insert complete name of the Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached
with the Bid Schedules.
Section IV – Bidding Forms 51

Bidder Information Form


[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

Page ________ of_ ______ pages

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country of


registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of


registration]

6. Bidder’s Authorized Representative Information


Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.4.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents
establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Bidder is not under the supervision of the Purchaser
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership. [If required under BDS ITB 45.1, the successful Bidder shall provide additional
information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 52

Bidder’s JV Members Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. The
following table shall be filled in for the Bidder and for each member of a Joint Venture].
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

Page ________ of_ ______ pages

1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s name: [insert JV’s Member legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country of


registration]

4. Bidder’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member


legal address in country of registration]

6. Bidder’s JV Member’s authorized representative information


Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized
representative]
Email Address: [insert email address of JV’s Member authorized representative]

7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the
supervision of the Purchaser, in accordance with ITB 4.6.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 45.1, the successful Bidder shall provide additional information on
beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 53

Sexual Exploitation and Abuse (SEA) and/or Sexual


Harassment Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each
subcontractor proposed by the Bidder]

Bidder’s Name: [insert full name]


Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration


in accordance with Section III, Qualification Criteria, and Requirements
We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations,
and were removed from the disqualification list. An arbitral award on the disqualification case
has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Section IV – Bidding Forms 54

Price Schedule Forms


[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the
List of Goods and Related Services specified by the Purchaser in the Schedule of
Requirements.]
Section IV – Bidding Forms 55

Price Schedule: Goods Manufactured Outside the Purchaser’s Country, to be Imported


NB: Quote for both non-duty and duty paying and state your payment terms. All advance
payment will require a bank guarantee.
Date: _________________________
(Group C Bids, goods to be imported) RFB No: _____________________

Alternative No: ________________


Currencies in accordance with ITB 15
Page N ______ of ______
1 2 3 4 5 6 7 8 9
Line Description of Goods Country of Delivery Quantity and Unit price CIP Price per line Price per line item for Total Price per Line item
Item Origin Date as physical unit CIP [insert place of item inland transportation and (Col. 7+8)
N defined by destination] (Col. 5x6) other services required in
Incoterms in accordance with ITB the Purchaser’s Country to
14.8(b)(i) convey the Goods to their
final destination specified
in BDS

[insert [insert name of good] [insert [insert [insert number [insert unit price CIP [insert total CIP [insert the corresponding [insert total price of the line item]
number country of quoted of units to be per unit] price per line item] price per line item]
of the origin of the Delivery supplied and
item] Good] Date] name of the
physical unit]
1

Total Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert Date]
Section IV – Bidding Forms 56

Price Schedule: Goods Manufactured Outside the Purchaser’s Country, already imported*
Date: _________________________
(Group C Bids, Goods already imported) RFB No: _____________________
Alternative No: ________________
Currencies in accordance with ITB 15 Page N ______ of ______

1 2 3 4 5 6 7 8 9 10 11 12
Line Item Description of Goods Country of Delivery Quantity Unit price Custom Duties Unit Price net Price per line Price per line item Sales and other Total Price per line
N Origin Date as and including and Import Taxes of custom item net of for inland taxes paid or item
defined by physical Custom Duties paid per unit in duties and Custom Duties transportation and payable per item (Col. 9+10)
Incoterms unit and Import accordance with import taxes, in and Import other services if Contract is
Taxes paid, in ITB 14.8(c)(ii) , accordance Taxes paid, in required in the awarded (in
accordance [to be supported with ITB 14.8 accordance with Purchaser’s accordance with
with ITB by documents] (c) (iii) ITB 14.8(c)(i) Country to convey ITB 14.8(c)(iv)
14.8(c)(i) (Col. 6 minus (Col. 58) the goods to their
Col.7) final destination, as
specified in BDS in
accordance with
ITB 14.8 (c)(v)
[insert [insert [insert [insert [insert unit [insert custom [insert unit [ insert price per [insert price per [insert sales and [insert total price per
number of country of quoted number of price per unit] duties and taxes price net of line item net of line item for inland other taxes line item]
the item] origin of Delivery units to be paid per unit] custom duties custom duties transportation and payable per item
the Good] Date] supplied and import and import other services if Contract is
and name taxes] taxes] required in the awarded]
of the Purchaser’s
physical Country]
unit]
1

Total Bid Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include
any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the
Purchaser. For clarity the Bidders are asked to quote the price including import duties, and additionally to provide the import duties and the price net of import
duties which is the difference of those values.]
Section IV – Bidding Forms 57

Price Schedule: Goods Manufactured in the Purchaser’s Country


Date: _________________________
Purchaser’s Country (Group A and B Bids) RFB No: _____________________
Alternative No: ________________
______________________ Page N ______ of ______
Currencies in accordance with ITB 15

1 2 3 4 5 6 7 8 9 10
Line Description of Goods Delivery Date Quantity Unit price Total EXW Price per line item for Cost of local labor, Sales and other taxes payable Total Price per
Item as defined by and EXW price per line inland transportation and raw materials and per line item if Contract is line item
N Incoterms physical item other services required in components from awarded (in accordance with (Col. 6+7)
unit (Col. 45) the Purchaser’s Country to with origin in the ITB 14.8(a)(ii)
convey the Goods to their Purchaser’s Country
final destination % of Col. 5

[insert [insert name of Good] [insert quoted [insert [insert EXW [insert total [insert the corresponding [Insert cost of local [insert sales and other taxes [insert total
number Delivery number of unit price] EXW price per price per line item] labor, raw material payable per line item if price per item]
of the Date] units to line item] and components Contract is awarded]
item] be from within the
supplied Purchase’s country
and name as a % of the EXW
of the price per line item]
physical
unit]

Total Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
Section IV – Bidding Forms 58

Price and Completion Schedule - Related Services


Date: _________________________
Currencies in accordance with ITB 15 RFB No: _____________________
Alternative No: ________________
Page N ______ of ______
1 2 3 4 5 6 7
Service Description of Services (excludes inland transportation Country of Delivery Date at place Quantity and physical unit Unit price Total Price per Service
N and other services required in the Purchaser’s Country Origin of Final destination (Col. 5*6 or estimate)
to convey the goods to their final destination)

[insert [insert name of Services] [insert country [insert delivery date at [insert number of units to be supplied and [insert unit price per [insert total price per
number of of origin of the place of final name of the physical unit] item] item]
the Services] destination per Service]
Service ]

Total Bid Price


Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
Section IV – Bidding Forms 59

Form of Bid-Securing Declaration


[The Bidder shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]


Bid No.: [number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [complete name of Purchaser]


We, the undersigned, declare that:
We understand that, according to your conditions, Bids must be supported by a Bid-Securing
Declaration.
We accept that we will automatically be suspended from being eligible for bidding or
submitting proposals in any contract with the Purchaser for the period of time specified in
Section II – Bid Data Sheet, if we are in breach of our obligation(s) under the Bid conditions,
because we:
(a) have withdrawn our Bid prior to the expiry date of the Bid validity specified in the
Letter of Bid or any extended date provided by us; or
(b) having been notified of the acceptance of our Bid by the Purchaser prior to the expiry
date of the Bid validity in the Letter of Bid or any extended date provided by us, (i) fail
or refuse to sign the Contract; or (ii) fail or refuse to furnish the Performance Security,
if required, in accordance with the ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder;
or (ii) twenty-eight days after the expiry date of the Bid validity.
Name of the Bidder*
Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______
Title of the person signing the Bid ______________________
Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____


*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.]
Section IV – Bidding Forms 60

Manufacturer’s Authorization

[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign documents
that are binding on the Manufacturer. The Bidder shall include it in its Bid, if so indicated in
the BDS.]

Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Purchaser]

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of
goods manufactured], having factories at [insert full address of Manufacturer’s factories], do
hereby authorize [insert complete name of Bidder] to submit a Bid the purpose of which is to
provide the following Goods, manufactured by us [insert name and or brief description of the
Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.

We confirm that we do not engage or employ forced labor or persons subject to trafficking or
child labor, in accordance with Clause 14 of the General Conditions of Contract.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Dated on ____________ day of __________________, _______ [insert date of signing]


Section V – Eligible Countries 61

Section V - Eligible Countries


Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement

In reference to ITB 4.8 and ITB 5.1, for the information of the Bidders, at the present time
firms, goods and services from the following countries are excluded from this Bidding process:

Under ITB 4.8(a) and ITB 5.1: None

Under ITB 4.8(b) and ITB 5.1: None


Section VI – Fraud and Corruption 63

Section VI - Fraud and Corruption


(Section VI shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any
of their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:


a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence improperly the actions of
another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
iv. “coercive practice” is 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;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements
to investigators in order to materially impede a Bank
investigation into allegations of a corrupt, fraudulent, coercive,
or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
Section VI – Fraud and Corruption 64

(b) acts intended to materially impede the exercise of the Bank’s


inspection and audit rights provided for under paragraph 2.2 e.
below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-
consultants, sub-contractors, service providers, suppliers and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may
take other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of
any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection
and/or execution of the contract in question, without the Borrower having taken
timely and appropriate action satisfactory to the Bank to address such practices
when they occur, including by failing to inform the Bank in a timely manner at
the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines, and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by
publicly declaring such firm or individual ineligible (i) to be awarded or
otherwise benefit from a Bank-financed contract, financially or in any other
manner;1 (ii) to be a nominated2 sub-contractor, consultant, manufacturer or
supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by
the Bank or otherwise to participate further in the preparation or implementation
of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents
and in contracts financed by a Bank loan, requiring (i) bidders
(applicants/proposers), consultants, contractors, and suppliers, and their sub-
contractors, sub-consultants, service providers, suppliers, agents personnel,
permit the Bank to inspect3 all accounts, records and other documents relating
1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder
in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the
bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and information
(whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as
Section VI – Fraud and Corruption 65

to the procurement process, selection and/or contract execution, and to have


them audited by auditors appointed by the Bank.

relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining
third party verification of information.
Part 2 – Supply Requirements 67

PART 2 – Supply Requirements


Section VII – Schedule of Requirements 69

Section VII - Schedule of Requirements

Contents

1. List of Goods and Delivery Schedule .............................................................................. 71

2. List of Related Services and Completion Schedule ........................................................ 71

3. Technical Specifications ........................................................Error! Bookmark not defined.

4. Drawings ............................................................................................................................ 73

5. Inspections and Tests ........................................................................................................ 74


Section VII – Schedule of Requirements 70

Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the bidding document by the Purchaser,
and shall cover, at a minimum, a description of the goods and services to be supplied and the
delivery schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable


Bidders to prepare their Bids efficiently and accurately, in particular, the Price Schedule, for
which a form is provided in Section IV. In addition, the Schedule of Requirements, together
with the Price Schedule, should serve as a basis in the event of quantity variation at the time
of award of contract pursuant to ITB 42.1.

The date or period for delivery should be carefully specified, taking into account (a) the
implications of delivery terms stipulated in the Instructions to Bidders pursuant to the
Incoterms rules (i.e., EXW, or CIP, FOB, FCA terms—that “delivery” takes place when goods
are delivered to the carriers), and (b) the date prescribed herein from which the Bidder’s
delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of
the letter of credit).
Section VII – Schedule of Requirements 71

1. List of Goods and Delivery Schedule

[The Purchaser shall fill in this table, with the exception of the column “Bidder’s offered Delivery date” to be filled by the Bidder]

Line Description of Goods Qty Physic Final Destination Delivery (as per Incoterms) Date
Item al unit (Project Site) as
Earliest Delivery Date Latest Delivery Date Bidder’s offered
N specified in BDS
Delivery date [to
be provided by
the Bidder]
1. Motorcycles with 90 Each Natpharm 8 weeks from Contract 12 weeks from
specimen box. 14 Lobengula Rd, effectiveness Contract
Southerton, Effectiveness
Harare

2. List of Related Services and Completion Schedule

Service Description of Service Quantity1 Physical Unit Place where Services Final
shall be performed Completion
Date(s) of
Services
Natpharm
1. Delivery to Harare 90 Each Refer to
14 Lobengula Rd, goods
Southerton, delivery date
Harare
Part 3 - Contract 72

2. Technical Specifications

Item Item description and full technical Specification required Unit Qty
(including applicable standards) to
order

-Production Year 2022 and above


-Engine Displacement 124,77cc,
-Engine Type OHC Air cooled,
-Fuel tank capacity 12 litres,
-Fuel economy 55.6km/l,
-Clutch type mechanical,
-Suspension front Telescopic fork and rear Pro-link,
Motorcycles -Brakes front 130mm drum, rear 100mm drum. Each 90
-Starter kick/electric, ignition
-DC-CDI Battery,
-Number of seats is 2,
-Type front 70/100-21M/C 44P,
-Height 1115mm, Length 1780mm,
-Width 510mm, Dry weight 118 kgs.
-Box to carry specimens and vaccines
• Travel medicine cooler vaccine box
• Portable
• Storage Capacity: 18L
• Cold life without openings (hours at 43C): 51HRS
• External surface material: Polyethylene
Motorcycle specimen • Internal lining material: LLDPE Each 90
box • Insulation material: CFC Free Polyurethane
• Insulation thickness: 100 mm
• May come with either FIXED HANDLE or
webbed shoulder strap
• Dimensions: approximately 27x24x20cm
Section VIII General Conditions of Contract 73

4. Drawings

This bidding document includes no drawings.


Section VIII General Conditions of Contract (GCC) 74

5. Inspections and Tests


The following inspections and tests shall be performed.
Inspection and Conformity Certificate (CBCA) as regulated by Ministry of Industry and
Commerce of the Republic of Zimbabwe through the Bureau Veritas (inspection agency) or
other approved by an independent inspection agency/body as regulated by Ministry of
Industry and Commerce of Zimbabwe. Manufacturer Inspection Certificate is also required.
Section VIII General Conditions of Contract 75

PART 3 - Contract
Section VIII – General Conditions of Contract 76

Section VIII - General Conditions of Contract

Table of Clauses

1. Definitions ........................................................................................................................ 78

2. Contract Documents ....................................................................................................... 79

3. Fraud and Corruption .................................................................................................... 79

4. Interpretation .................................................................................................................. 79

5. Language.......................................................................................................................... 80

6. Joint Venture, Consortium or Association ................................................................... 80

7. Eligibility.......................................................................................................................... 81

8. Notices .............................................................................................................................. 81

9. Governing Law ................................................................................................................ 81

10. Settlement of Disputes .................................................................................................... 81

11. Inspections and Audit by the Bank ............................................................................... 82

12. Scope of Supply ............................................................................................................... 82

13. Delivery and Documents................................................................................................. 82

14. Supplier’s Responsibilities ............................................................................................. 83

15. Contract Price ................................................................................................................. 84

16. Terms of Payment ........................................................................................................... 84

17. Taxes and Duties ............................................................................................................. 84

18. Performance Security ..................................................................................................... 85

19. Copyright ......................................................................................................................... 85

20. Confidential Information ............................................................................................... 85

21. Subcontracting ................................................................................................................ 86


Section VIII – General Conditions of Contract 77

22. Specifications and Standards ......................................................................................... 86

23. Packing and Documents ................................................................................................. 87

24. Insurance ......................................................................................................................... 87

25. Transportation and Incidental Services........................................................................ 87

26. Inspections and Tests ...................................................................................................... 88

27. Liquidated Damages ....................................................................................................... 89

28. Warranty ......................................................................................................................... 89

29. Patent Indemnity............................................................................................................. 90

30. Limitation of Liability .................................................................................................... 91

31. Change in Laws and Regulations .................................................................................. 92

32. Force Majeure ................................................................................................................. 92

33. Change Orders and Contract Amendments ................................................................. 92

34. Extensions of Time .......................................................................................................... 94

35. Termination ..................................................................................................................... 94

36. Assignment....................................................................................................................... 95

37. Export Restriction ........................................................................................................... 95


Section VIII – General Conditions of Contract 78

Section VIII - General Conditions of Contract


1. Definitions 1.1 The following words and expressions shall have the meanings
hereby assigned to them:
(a) “Bank” means the World Bank and refers to the
International Bank for Reconstruction and Development
(IBRD) or the International Development Association
(IDA).
(b) “Contract” means the Contract Agreement entered into
between the Purchaser and the Supplier, together with the
Contract Documents referred to therein, including all
attachments, appendices, and all documents incorporated
by reference therein.
(c) “Contract Documents” means the documents listed in the
Contract Agreement, including any amendments thereto.
(d) “Contract Price” means the price payable to the Supplier
as specified in the Contract Agreement, subject to such
additions and adjustments thereto or deductions therefrom,
as may be made pursuant to the Contract.
(e) “Day” means calendar day.
(f) “Completion” means the fulfillment of the Related
Services by the Supplier in accordance with the terms and
conditions set forth in the Contract.
(g) “GCC” means the General Conditions of Contract.
(h) “Goods” means all of the commodities, raw material,
machinery and equipment, and/or other materials that the
Supplier is required to supply to the Purchaser under the
Contract.
(i) “Purchaser’s Country” is the country specified in the
Special Conditions of Contract (SCC).
(j) “Purchaser” means the entity purchasing the Goods and
Related Services, as specified in the SCC.
(k) “Related Services” means the services incidental to the
supply of the goods, such as insurance, installation,
training and initial maintenance and other such obligations
of the Supplier under the Contract.
(l) “SCC” means the Special Conditions of Contract.
(m) “Subcontractor” means any person, private or
government entity, or a combination of the above, to whom
any part of the Goods to be supplied or execution of any
Section VIII – General Conditions of Contract 79

part of the Related Services is subcontracted by the


Supplier.
(n) “Supplier” means the person, private or government entity,
or a combination of the above, whose Bid to perform the
Contract has been accepted by the Purchaser and is named as
such in the Contract Agreement.
(o) “The Project Site,” where applicable, means the place
named in the SCC.

2. Contract 2.1 Subject to the order of precedence set forth in the Contract
Documents Agreement, all documents forming the Contract (and all parts
thereof) are intended to be correlative, complementary, and
mutually explanatory. The Contract Agreement shall be read as a
whole.

3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as
set forth in the WBG’s Sanctions Framework, as set forth in
Appendix 1 to the GCC.
3.2 The Purchaser requires the Supplier to disclose any commissions
or fees that may have been paid or are to be paid to agents or any
other party with respect to the Bidding process or execution of the
Contract. The information disclosed must include at least the name
and address of the agent or other party, the amount and currency,
and the purpose of the commission, gratuity or fee.

4. Interpretation 4.1 If the context so requires it, singular means plural and vice versa.
4.2 Incoterms
(a) Unless inconsistent with any provision of the Contract, the
meaning of any trade term and the rights and obligations
of parties thereunder shall be as prescribed by Incoterms
specified in the SCC.
(b) The terms EXW, CIP, FCA, CFR and other similar terms,
when used, shall be governed by the rules prescribed in the
current edition of Incoterms specified in the SCC and
published by the International Chamber of Commerce in
Paris, France.
4.3 Entire Agreement
The Contract constitutes the entire agreement between the
Purchaser and the Supplier and supersedes all communications,
negotiations and agreements (whether written or oral) of the
parties with respect thereto made prior to the date of Contract.
4.4 Amendment
Section VIII – General Conditions of Contract 80

No amendment or other variation of the Contract shall be valid


unless it is in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorized representative of each party
thereto.
4.5 Nonwaiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall
prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under
the Contract must be in writing, dated, and signed by an
authorized representative of the party granting such
waiver, and must specify the right and the extent to which
it is being waived.
4.6 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity
or unenforceability shall not affect the validity or enforceability
of any other provisions and conditions of the Contract.

5. Language 5.1 The Contract as well as all correspondence and documents


relating to the Contract exchanged by the Supplier and the
Purchaser, shall be written in the language specified in the SCC.
Supporting documents and printed literature that are part of the
Contract may be in another language provided they are
accompanied by an accurate translation of the relevant passages
in the language specified, in which case, for purposes of
interpretation of the Contract, this translation shall govern.
5.2 The Supplier shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation, for
documents provided by the Supplier.

6. Joint Venture, 6.1 If the Supplier is a joint venture, consortium, or association, all of
Consortium or the parties shall be jointly and severally liable to the Purchaser for
Association the fulfillment of the provisions of the Contract and shall designate
one party to act as a leader with authority to bind the joint venture,
consortium, or association. The composition or the constitution of
the joint venture, consortium, or association shall not be altered
without the prior consent of the Purchaser.
Section VIII – General Conditions of Contract 81

7. Eligibility 7.1 The Supplier and its Subcontractors shall have the nationality of
an eligible country. A Supplier or Subcontractor shall be deemed
to have the nationality of a country if it is a citizen or constituted,
incorporated, or registered, and operates in conformity with the
provisions of the laws of that country.
7.2 All Goods and Related Services to be supplied under the Contract
and financed by the Bank shall have their origin in Eligible
Countries. For the purpose of this Clause, origin means the
country where the goods have been grown, mined, cultivated,
produced, manufactured, or processed; or through manufacture,
processing, or assembly, another commercially recognized
article results that differs substantially in its basic characteristics
from its components.

8. Notices 8.1 Any notice given by one party to the other pursuant to the
Contract shall be in writing to the address specified in the SCC.
The term “in writing” means communicated in written form with
proof of receipt.
8.2 A notice shall be effective when delivered or on the notice’s
effective date, whichever is later.

9. Governing 9.1 The Contract shall be governed by and interpreted in accordance


Law with the laws of the Purchaser’s Country, unless otherwise
specified in the SCC.
9.2 Throughout the execution of the Contract, the Supplier shall
comply with the import of goods and services prohibitions in the
Purchaser’s Country when
(a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country; or
9.2 (b) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s Country prohibits any import of
goods from that country or any payments to any country, person,
or entity in that country.

10. Settlement of 10.1 The Purchaser and the Supplier shall make every effort to
Disputes resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in
connection with the Contract.
10.2 If, after twenty-eight (28) days, the parties have failed to resolve
their dispute or difference by such mutual consultation, then
either the Purchaser or the Supplier may give notice to the other
party of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect
Section VIII – General Conditions of Contract 82

of this matter may be commenced unless such notice is given.


Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance
with this Clause shall be finally settled by arbitration.
Arbitration may be commenced prior to or after delivery of the
Goods under the Contract. Arbitration proceedings shall be
conducted in accordance with the rules of procedure specified in
the SCC.
10.3 Notwithstanding any reference to arbitration herein,
(a) the parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree;
and
(b) the Purchaser shall pay the Supplier any monies due the
Supplier.

11. Inspections 11.1 The Supplier shall keep, and shall make all reasonable efforts to
and Audit by cause its Subcontractors to keep, accurate and systematic accounts
the Bank and records in respect of the Goods in such form and details as will
clearly identify relevant time changes and costs.
11.2 Pursuant to paragraph 2.2 e. of Appendix 1 to the General
Conditions the Supplier shall permit and shall cause its agents
(where declared or not), subcontractors, subconsultants, service
providers, suppliers, and personnel, to permit, the Bank and/or
persons appointed by the Bank to inspect the site and/or the
accounts, records and other documents relating to the procurement
process, selection and/or contract execution, and to have such
accounts, records and other documents audited by auditors
appointed by the Bank. The Supplier’s and its Subcontractors’ and
subconsultants’ attention is drawn to Sub-Clause 3.1 (Fraud and
Corruption) which provides, inter alia, that acts intended to
materially impede the exercise of the Bank’s inspection and audit
rights constitute a prohibited practice subject to contract termination
(as well as to a determination of ineligibility pursuant to the Bank’s
prevailing sanctions procedures).

12. Scope of 12.1 The Goods and Related Services to be supplied shall be as specified
Supply in the Schedule of Requirements.

13. Delivery and 13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and
Documents Completion of the Related Services shall be in accordance with the
Delivery and Completion Schedule specified in the Schedule of
Requirements. The details of shipping and other documents to be
furnished by the Supplier are specified in the SCC.
Section VIII – General Conditions of Contract 83

14. Supplier’s 14.1 The Supplier shall supply all the Goods and Related Services
Responsibilities included in the Scope of Supply in accordance with GCC Clause
12, and the Delivery and Completion Schedule, as per GCC
Clause 13.
14.2 The Supplier, including its Subcontractors, shall not employ or
engage forced labor or persons subject to trafficking, as described in
GCC Sub-Clauses 14.3 and 14.4.
14.3 Forced labor consists of any work or service, not voluntarily
performed, that is exacted from an individual under threat of force
or penalty, and includes any kind of involuntary or compulsory
labor, such as indentured labor, bonded labor or similar labor-
contracting arrangements.
14.4 Trafficking in persons is defined as the recruitment, transportation,
transfer, harbouring or receipt of persons by means of the threat or
use of force or other forms of coercion, abduction, fraud, deception,
abuse of power, or of a position of vulnerability, or of the giving or
receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purposes of exploitation.
14.5 The Supplier, including its Subcontractors, shall not employ or
engage a child under the age of 14 unless the national law specifies
a higher age (the minimum age).
14.6 The Supplier, including its Subcontractors, shall not employ or
engage a child between the minimum age and the age of 18 in a
manner that is likely to be hazardous, or to interfere with, the child’s
education, or to be harmful to the child’s health or physical, mental,
spiritual, moral, or social development.
14.7 Work considered hazardous for children is work that, by its nature
or the circumstances in which it is carried out, is likely to jeopardize
the health, safety, or morals of children. Such work activities
prohibited for children include work:
(a) with exposure to physical, psychological or sexual abuse;
(b) underground, underwater, working at heights or in
confined spaces;
(c) with dangerous machinery, equipment or tools, or
involving handling or transport of heavy loads;
(d) in unhealthy environments exposing children to hazardous
substances, agents, or processes, or to temperatures, noise
or vibration damaging to health; or
(e) under difficult conditions such as work for long hours,
during the night or in confinement on the premises of the
employer.
Section VIII – General Conditions of Contract 84

14.8 The Supplier shall comply, and shall require its Subcontractors if
any to comply, with all applicable health and safety regulations,
laws, guidelines, and any other requirement stated in the
Technical Specifications.
14.9 The Supplier shall comply with additional obligations as specified
in the SCC.

15. Contract Price 15.1 Prices charged by the Supplier for the Goods supplied and the
Related Services performed under the Contract shall not vary
from the prices quoted by the Supplier in its Bid, with the
exception of any price adjustments authorized in the SCC.

16. Terms of 16.1 The Contract Price, including any Advance Payments, if
Payment applicable, shall be paid as specified in the SCC.
16.2 The Supplier’s request for payment shall be made to the
Purchaser in writing, accompanied by invoices describing, as
appropriate, the Goods delivered and Related Services
performed, and by the documents submitted pursuant to GCC
Clause 13 and upon fulfillment of all other obligations stipulated
in the Contract.
16.3 Payments shall be made promptly by the Purchaser, but in no case
later than sixty (60) days after submission of an invoice or request
for payment by the Supplier, and after the Purchaser has accepted
it.
16.4 The currencies in which payments shall be made to the Supplier
under this Contract shall be those in which the Bid price is
expressed.
16.5 In the event that the Purchaser fails to pay the Supplier any
payment by its due date or within the period set forth in the SCC,
the Purchaser shall pay to the Supplier interest on the amount of
such delayed payment at the rate shown in the SCC, for the
period of delay until payment has been made in full, whether
before or after judgment or arbitrage award.

17. Taxes and 17.1 For goods manufactured outside the Purchaser’s Country, the
Duties Supplier shall be entirely responsible for all taxes, stamp duties,
license fees, and other such levies imposed outside the
Purchaser’s Country.
17.2 For goods Manufactured within the Purchaser’s Country, the
Supplier shall be entirely responsible for all taxes, duties, license
fees, etc., incurred until delivery of the contracted Goods to the
Purchaser.
17.3 If any tax exemptions, reductions, allowances or privileges may
be available to the Supplier in the Purchaser’s Country, the
Section VIII – General Conditions of Contract 85

Purchaser shall use its best efforts to enable the Supplier to benefit
from any such tax savings to the maximum allowable extent.

18. Performance 18.1 If required as specified in the SCC, the Supplier shall, within
Security twenty-eight (28) days of the notification of contract award,
provide a performance security for the performance of the
Contract in the amount specified in the SCC.
18.2 The proceeds of the Performance Security shall be payable to the
Purchaser as compensation for any loss resulting from the
Supplier’s failure to complete its obligations under the Contract.
18.3 As specified in the SCC, the Performance Security, if required,
shall be denominated in the currency(ies) of the Contract, or in a
freely convertible currency acceptable to the Purchaser; and shall
be in one of the format stipulated by the Purchaser in the SCC, or
in another format acceptable to the Purchaser.
18.4 The Performance Security shall be discharged by the Purchaser
and returned to the Supplier not later than twenty-eight (28) days
following the date of Completion of the Supplier’s performance
obligations under the Contract, including any warranty
obligations, unless specified otherwise in the SCC.

19. Copyright 19.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Purchaser by the
Supplier herein shall remain vested in the Supplier, or, if they are
furnished to the Purchaser directly or through the Supplier by any
third party, including suppliers of materials, the copyright in such
materials shall remain vested in such third party.

20. Confidential 20.1 The Purchaser and the Supplier shall keep confidential and shall
Information not, without the written consent of the other party hereto, divulge
to any third party any documents, data, or other information
furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been
furnished prior to, during or following completion or termination
of the Contract. Notwithstanding the above, the Supplier may
furnish to its Subcontractor such documents, data, and other
information it receives from the Purchaser to the extent required
for the Subcontractor to perform its work under the Contract, in
which event the Supplier shall obtain from such Subcontractor an
undertaking of confidentiality similar to that imposed on the
Supplier under GCC Clause 20.
20.2 The Purchaser shall not use such documents, data, and other
information received from the Supplier for any purposes
unrelated to the contract. Similarly, the Supplier shall not use
such documents, data, and other information received from the
Section VIII – General Conditions of Contract 86

Purchaser for any purpose other than the performance of the


Contract.
20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2
above, however, shall not apply to information that:
(a) the Purchaser or Supplier need to share with the Bank or
other institutions participating in the financing of the
Contract;
(b) now or hereafter enters the public domain through no fault
of that party;
(c) can be proven to have been possessed by that party at the
time of disclosure and which was not previously obtained,
directly or indirectly, from the other party; or
(d) otherwise lawfully becomes available to that party from a
third party that has no obligation of confidentiality.
20.4 The above provisions of GCC Clause 20 shall not in any way
modify any undertaking of confidentiality given by either of the
parties hereto prior to the date of the Contract in respect of the
Supply or any part thereof.
20.5 The provisions of GCC Clause 20 shall survive completion or
termination, for whatever reason, of the Contract.

21. Subcontracting 21.1 The Supplier shall notify the Purchaser in writing of all
subcontracts awarded under the Contract if not already specified
in the Bid. Notification by the Supplier, for addition of any
Subcontractor not named in the Contract, shall also include the
Subcontractor’s declaration in accordance with Appendix 2 to the
GCC- Sexual exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration. Such notification, in
the original Bid or later shall not relieve the Supplier from any of
its obligations, duties, responsibilities, or liability under the
Contract.
21.2 Subcontracts shall comply with the provisions of GCC Clauses 3
and 7.

22. Specifications 22.1 Technical Specifications and Drawings


and Standards (a) The Goods and Related Services supplied under this
Contract shall conform to the technical specifications and
standards mentioned in Section VI, Schedule of
Requirements and, when no applicable standard is
mentioned, the standard shall be equivalent or superior to
the official standards whose application is appropriate to
the Goods’ country of origin.
Section VIII – General Conditions of Contract 87

(b) The Supplier shall be entitled to disclaim responsibility for


any design, data, drawing, specification or other
document, or any modification thereof provided or
designed by or on behalf of the Purchaser, by giving a
notice of such disclaimer to the Purchaser.
(c) Wherever references are made in the Contract to codes and
standards in accordance with which it shall be executed,
the edition or the revised version of such codes and
standards shall be those specified in the Schedule of
Requirements. During Contract execution, any changes in
any such codes and standards shall be applied only after
approval by the Purchaser and shall be treated in
accordance with GCC Clause 33.

23. Packing and 23.1 The Supplier shall provide such packing of the Goods as is
Documents required to prevent their damage or deterioration during transit to
their final destination, as indicated in the Contract. During transit,
the packing shall be sufficient to withstand, without limitation,
rough handling and exposure to extreme temperatures, salt and
precipitation, and open storage. Packing case size and weights
shall take into consideration, where appropriate, the remoteness
of the goods’ final destination and the absence of heavy handling
facilities at all points in transit.
23.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as
shall be expressly provided for in the Contract, including
additional requirements, if any, specified in the SCC, and in any
other instructions ordered by the Purchaser.

24. Insurance 24.1 Unless otherwise specified in the SCC, the Goods supplied under
the Contract shall be fully insured—in a freely convertible
currency from an eligible country—against loss or damage
incidental to manufacture or acquisition, transportation, storage,
and delivery, in accordance with the applicable Incoterms or in
the manner specified in the SCC.

25. Transportation 25.1 Unless otherwise specified in the SCC, responsibility for
and Incidental arranging transportation of the Goods shall be in accordance with
Services the specified Incoterms.

25.2 The Supplier may be required to provide any or all of the


following services, including additional services, if any, specified
in SCC:
(a) performance or supervision of on-site assembly and/or
start-up of the supplied Goods;
Section VIII – General Conditions of Contract 88

(b) furnishing of tools required for assembly and/or


maintenance of the supplied Goods;
(c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied Goods;
(d) performance or supervision or maintenance and/or repair of
the supplied Goods, for a period of time agreed by the
parties, provided that this service shall not relieve the
Supplier of any warranty obligations under this Contract;
and
(e) training of the Purchaser’s personnel, at the Supplier’s plant
and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied Goods.
25.3 Prices charged by the Supplier for incidental services, if not
included in the Contract Price for the Goods, shall be agreed upon
in advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Supplier for similar services

26. Inspections 26.1 The Supplier shall at its own expense and at no cost to the
and Tests Purchaser carry out all such tests and/or inspections of the Goods
and Related Services as are specified in the SCC.
26.2 The inspections and tests may be conducted on the premises of
the Supplier or its Subcontractor, at point of delivery, and/or at
the Goods’ final destination, or in another place in the
Purchaser’s Country as specified in the SCC. Subject to GCC
Sub-Clause 26.3, if conducted on the premises of the Supplier or
its Subcontractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Purchaser.
26.3 The Purchaser or its designated representative shall be entitled to
attend the tests and/or inspections referred to in GCC Sub-Clause
26.2, provided that the Purchaser bear all of its own costs and
expenses incurred in connection with such attendance including,
but not limited to, all traveling and board and lodging expenses.
26.4 Whenever the Supplier is ready to carry out any such test and
inspection, it shall give a reasonable advance notice, including
the place and time, to the Purchaser. The Supplier shall obtain
from any relevant third party or manufacturer any necessary
permission or consent to enable the Purchaser or its designated
representative to attend the test and/or inspection.
26.5 The Purchaser may require the Supplier to carry out any test
and/or inspection not required by the Contract but deemed
necessary to verify that the characteristics and performance of the
Goods comply with the technical specifications codes and
Section VIII – General Conditions of Contract 89

standards under the Contract, provided that the Supplier’s


reasonable costs and expenses incurred in the carrying out of such
test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress of
manufacturing and/or the Supplier’s performance of its other
obligations under the Contract, due allowance will be made in
respect of the Delivery Dates and Completion Dates and the other
obligations so affected.
26.6 The Supplier shall provide the Purchaser with a report of the
results of any such test and/or inspection.
26.7 The Purchaser may reject any Goods or any part thereof that fail
to pass any test and/or inspection or do not conform to the
specifications. The Supplier shall either rectify or replace such
rejected Goods or parts thereof or make alterations necessary to
meet the specifications at no cost to the Purchaser, and shall
repeat the test and/or inspection, at no cost to the Purchaser, upon
giving a notice pursuant to GCC Sub-Clause 26.4.
26.8 The Supplier agrees that neither the execution of a test and/or
inspection of the Goods or any part thereof, nor the attendance by
the Purchaser or its representative, nor the issue of any report
pursuant to GCC Sub-Clause 26.6, shall release the Supplier from
any warranties or other obligations under the Contract.

27. Liquidated 27.1 Except as provided under GCC Clause 32, if the Supplier fails to
Damages deliver any or all of the Goods by the Date(s) of delivery or
perform the Related Services within the period specified in the
Contract, the Purchaser may without prejudice to all its other
remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage specified
in the SCC of the delivered price of the delayed Goods or
unperformed Services for each week or part thereof of delay until
actual delivery or performance, up to a maximum deduction of
the percentage specified in those SCC. Once the maximum is
reached, the Purchaser may terminate the Contract pursuant to
GCC Clause 35.

28. Warranty 28.1 The Supplier warrants that all the Goods are new, unused, and of
the most recent or current models, and that they incorporate all
recent improvements in design and materials, unless provided
otherwise in the Contract.
28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further
warrants that the Goods shall be free from defects arising from
any act or omission of the Supplier or arising from design,
materials, and workmanship, under normal use in the conditions
prevailing in the country of final destination.
Section VIII – General Conditions of Contract 90

28.3 Unless otherwise specified in the SCC, the warranty shall remain
valid for twelve (12) months after the Goods, or any portion
thereof as the case may be, have been delivered to and accepted
at the final destination indicated in the SCC, or for eighteen (18)
months after the date of shipment from the port or place of
loading in the country of origin, whichever period concludes
earlier.
28.4 The Purchaser shall give notice to the Supplier stating the nature
of any such defects together with all available evidence thereof,
promptly following the discovery thereof. The Purchaser shall
afford all reasonable opportunity for the Supplier to inspect such
defects.
28.5 Upon receipt of such notice, the Supplier shall, within the period
specified in the SCC, expeditiously repair or replace the defective
Goods or parts thereof, at no cost to the Purchaser.
28.6 If having been notified, the Supplier fails to remedy the defect
within the period specified in the SCC, the Purchaser may
proceed to take within a reasonable period such remedial action
as may be necessary, at the Supplier’s risk and expense and
without prejudice to any other rights which the Purchaser may
have against the Supplier under the Contract.

29. Patent 29.1 The Supplier shall, subject to the Purchaser’s compliance with
Indemnity GCC Sub-Clause 29.2, indemnify and hold harmless the
Purchaser and its employees and officers from and against any
and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature,
including attorney’s fees and expenses, which the Purchaser may
suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright,
or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of:
(a) the installation of the Goods by the Supplier or the use of
the Goods in the country where the Site is located; and
(b) the sale in any country of the products produced by the
Goods.
Such indemnity shall not cover any use of the Goods or any part
thereof other than for the purpose indicated by or to be
reasonably inferred from the Contract, neither any infringement
resulting from the use of the Goods or any part thereof, or any
products produced thereby in association or combination with
any other equipment, plant, or materials not supplied by the
Supplier, pursuant to the Contract.
Section VIII – General Conditions of Contract 91

29.2 If any proceedings are brought or any claim is made against the
Purchaser arising out of the matters referred to in GCC Sub-
Clause 29.1, the Purchaser shall promptly give the Supplier a
notice thereof, and the Supplier may at its own expense and in the
Purchaser’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.
29.3 If the Supplier fails to notify the Purchaser within twenty-eight
(28) days after receipt of such notice that it intends to conduct
any such proceedings or claim, then the Purchaser shall be free to
conduct the same on its own behalf.
29.4 The Purchaser shall, at the Supplier’s request, afford all available
assistance to the Supplier in conducting such proceedings or
claim, and shall be reimbursed by the Supplier for all reasonable
expenses incurred in so doing.
29.5 `The Purchaser shall indemnify and hold harmless the Supplier
and its employees, officers, and Subcontractors from and against
any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature,
including attorney’s fees and expenses, which the Supplier may
suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright,
or other intellectual property right registered or otherwise
existing at the date of the Contract arising out of or in connection
with any design, data, drawing, specification, or other documents
or materials provided or designed by or on behalf of the
Purchaser.

30. Limitation of 30.1 Except in cases of criminal negligence or willful misconduct,


Liability (a) the Supplier shall not be liable to the Purchaser, whether in
contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that
this exclusion shall not apply to any obligation of the
Supplier to pay liquidated damages to the Purchaser and
(b) the aggregate liability of the Supplier to the Purchaser,
whether under the Contract, in tort or otherwise, shall not
exceed the total Contract Price, provided that this limitation
shall not apply to the cost of repairing or replacing
defective equipment, or to any obligation of the supplier to
indemnify the Purchaser with respect to patent
infringement
Section VIII – General Conditions of Contract 92

31. Change in 31.1 Unless otherwise specified in the Contract, if after the date of 28
Laws and days prior to date of Bid submission, any law, regulation,
Regulations ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in the place of the
Purchaser’s Country where the Site is located (which shall be
deemed to include any change in interpretation or application by
the competent authorities) that subsequently affects the Delivery
Date and/or the Contract Price, then such Delivery Date and/or
Contract Price shall be correspondingly increased or decreased,
to the extent that the Supplier has thereby been affected in the
performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced cost
shall not be separately paid or credited if the same has already
been accounted for in the price adjustment provisions where
applicable, in accordance with GCC Clause 15.

32. Force Majeure 32.1 The Supplier shall not be liable for forfeiture of its Performance
Security, liquidated damages, or termination for default if and to
the extent that its delay in performance or other failure to perform
its obligations under the Contract is the result of an event of Force
Majeure.
32.2 For purposes of this Clause, “Force Majeure” means an event or
situation beyond the control of the Supplier that is not
foreseeable, is unavoidable, and its origin is not due to negligence
or lack of care on the part of the Supplier. Such events may
include, but not be limited to, acts of the Purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.
32.3 If a Force Majeure situation arises, the Supplier shall promptly
notify the Purchaser in writing of such condition and the cause
thereof. Unless otherwise directed by the Purchaser in writing,
the Supplier shall continue to perform its obligations under the
Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by
the Force Majeure event.

33. Change Orders 33.1 The Purchaser may at any time order the Supplier through notice
and Contract in accordance GCC Clause 8, to make changes within the general
Amendments scope of the Contract in any one or more of the following:
(a) drawings, designs, or specifications, where Goods to be
furnished under the Contract are to be specifically
manufactured for the Purchaser;
(b) the method of shipment or packing;
(c) the place of delivery; and
Section VIII – General Conditions of Contract 93

(d) the Related Services to be provided by the Supplier.


33.2 If any such change causes an increase or decrease in the cost of,
or the time required for, the Supplier’s performance of any
provisions under the Contract, an equitable adjustment shall be
made in the Contract Price or in the Delivery/Completion
Schedule, or both, and the Contract shall accordingly be
amended. Any claims by the Supplier for adjustment under this
Clause must be asserted within twenty-eight (28) days from the
date of the Supplier’s receipt of the Purchaser’s change order.
33.3 Prices to be charged by the Supplier for any Related Services that
might be needed but which were not included in the Contract
shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the
Supplier for similar services.
33.4 Value Engineering: The Supplier may prepare, at its own cost, a
value engineering proposal at any time during the performance of
the contract. The value engineering proposal shall, at a minimum,
include the following;
(a) the proposed change(s), and a description of the
difference to the existing contract requirements;
(b) a full cost/benefit analysis of the proposed change(s)
including a description and estimate of costs
(including life cycle costs) the Purchaser may incur in
implementing the value engineering proposal; and
(c) a description of any effect(s) of the change on
performance/functionality.
The Purchaser may accept the value engineering proposal if the
proposal demonstrates benefits that:
(a) accelerates the delivery period; or
(b) reduces the Contract Price or the life cycle costs to
the Purchaser; or
(c) improves the quality, efficiency or sustainability of
the Goods; or
(d) yields any other benefits to the Purchaser,
without compromising the necessary functions of the Facilities.
If the value engineering proposal is approved by the Purchaser
and results in:
(a) a reduction of the Contract Price; the amount to be paid
to the Supplier shall be the percentage specified in the
PCC of the reduction in the Contract Price; or
Section VIII – General Conditions of Contract 94

(b) an increase in the Contract Price; but results in a


reduction in life cycle costs due to any benefit
described in (a) to (d) above, the amount to be paid to
the Supplier shall be the full increase in the Contract
Price.
33.5 Subject to the above, no variation in or modification of the terms
of the Contract shall be made except by written amendment
signed by the parties.

34. Extensions of 34.1 If at any time during performance of the Contract, the Supplier or
Time its subcontractors should encounter conditions impeding timely
delivery of the Goods or completion of Related Services pursuant
to GCC Clause 13, the Supplier shall promptly notify the
Purchaser in writing of the delay, its likely duration, and its cause.
As soon as practicable after receipt of the Supplier’s notice, the
Purchaser shall evaluate the situation and may at its discretion
extend the Supplier’s time for performance, in which case the
extension shall be ratified by the parties by amendment of the
Contract.
34.2 Except in case of Force Majeure, as provided under GCC Clause
32, a delay by the Supplier in the performance of its Delivery and
Completion obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 26,
unless an extension of time is agreed upon, pursuant to GCC Sub-
Clause 34.1.

35. Termination 35.1 Termination for Default


(a) The Purchaser, without prejudice to any other remedy for
breach of Contract, by written notice of default sent to the
Supplier, may terminate the Contract in whole or in part:
(i) if the Supplier fails to deliver any or all of the Goods
within the period specified in the Contract, or within
any extension thereof granted by the Purchaser
pursuant to GCC Clause 34;
(ii) if the Supplier fails to perform any other obligation
under the Contract; or
(iii) if the Supplier, in the judgment of the Purchaser has
engaged in Fraud and Corruption, as defined in
paragrpah 2.2 a of the Appendix 1 to the GCC, in
competing for or in executing the Contract.
(b) In the event the Purchaser terminates the Contract in whole
or in part, pursuant to GCC Clause 35.1(a), the Purchaser
may procure, upon such terms and in such manner as it
deems appropriate, Goods or Related Services similar to
Section VIII – General Conditions of Contract 95

those undelivered or not performed, and the Supplier shall


be liable to the Purchaser for any additional costs for such
similar Goods or Related Services. However, the Supplier
shall continue performance of the Contract to the extent
not terminated.
35.2 Termination for Insolvency.
(a) The Purchaser may at any time terminate the Contract by
giving notice to the Supplier if the Supplier becomes
bankrupt or otherwise insolvent. In such event,
termination will be without compensation to the Supplier,
provided that such termination will not prejudice or affect
any right of action or remedy that has accrued or will
accrue thereafter to the Purchaser
35.3 Termination for Convenience.
(a) The Purchaser, by notice sent to the Supplier, may
terminate the Contract, in whole or in part, at any time for
its convenience. The notice of termination shall specify
that termination is for the Purchaser’s convenience, the
extent to which performance of the Supplier under the
Contract is terminated, and the date upon which such
termination becomes effective.
(b) The Goods that are complete and ready for shipment
within twenty-eight (28) days after the Supplier’s receipt
of notice of termination shall be accepted by the Purchaser
at the Contract terms and prices. For the remaining Goods,
the Purchaser may elect:
(i) to have any portion completed and delivered at the
Contract terms and prices; and/or
(ii) to cancel the remainder and pay to the Supplier an
agreed amount for partially completed Goods and
Related Services and for materials and parts
previously procured by the Supplier.

36. Assignment 36.1 Neither the Purchaser nor the Supplier shall assign, in whole or
in part, their obligations under this Contract, except with prior
written consent of the other party.

37. Export 37.1 Notwithstanding any obligation under the Contract to complete
Restriction all export formalities, any export restrictions attributable to the
Purchaser, to the country of the Purchaser, or to the use of the
products/goods, systems or services to be supplied, which arise
from trade regulations from a country supplying those
products/goods, systems or services, and which substantially
impede the Supplier from meeting its obligations under the
Section VIII – General Conditions of Contract 96

Contract, shall release the Supplier from the obligation to provide


deliveries or services, always provided, however, that the
Supplier can demonstrate to the satisfaction of the Purchaser and
of the Bank that it has completed all formalities in a timely
manner, including applying for permits, authorizations and
licenses necessary for the export of the products/goods, systems
or services under the terms of the Contract. Termination of the
Contract on this basis shall be for the Purchaser’s convenience
pursuant to Sub-Clause 35.3.
Section VIII – General Conditions of Contract 97

APPENDIX 1
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions
of another party;
iv. “coercive practice” is 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;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice;
and/or threatening, harassing, or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under paragraph 2.2 e.
below.
Section VIII – General Conditions of Contract 98

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or execution
of the contract in question, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to address such practices when they
occur, including by failing to inform the Bank in a timely manner at the time they
knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner;1 (ii) to be a
nominated2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract; and
(iii) to receive the proceeds of any loan made by the Bank or otherwise to participate
further in the preparation or implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and
in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents personnel, permit the Bank to inspect 3 all
accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors appointed
by the Bank.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken
by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating
the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic
format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Section VIII – General Conditions of Contract 99

APPENDIX 2
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH)
Performance Declaration for Subcontractors*
[The following table shall be filled in by each subcontractor proposed by the Supplier, that was not named in the
Contract]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations, and
were removed from the disqualification list. An arbitral award on the disqualification case has been made
in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

Period of disqualification: From: _______________ To: ________________

Name of the Subcontractor

Name of the person duly authorized to sign on behalf of the Subcontractor _______

Title of the person signing on behalf of the Subcontractor ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

Countersignature of authorized representative of the Supplier:


Signature: ________________________________________________________

Date signed ________________________________ day of ___________________, _____


Section IX – Special Conditions of Contract 101

Section IX - Special Conditions of Contract


The following Special Conditions of Contract (SCC) shall supplement and / or amend the
General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.

GCC 1.1(i) The Purchaser’s Country is: Zimbabwe]

GCC 1.1(j) The Purchaser is: Cordaid Zimbabwe on behalf of Ministry of Health and
Child Care (MoHCC)

GCC 1.1(o) The Project Site(s)/Final Destination(s) is/are: Refer to delivery schedule

GCC 1.1 (p) The term SEA/SH where used in the Contract has the following meaning:
• “Sexual Exploitation and Abuse” “(SEA)” means the following:
Sexual Exploitation is defined as any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual
purposes, including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal or
coercive conditions.
• “Sexual Harassment” “(SH)” is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature by contractor’s personnel with other
contractor’s, subcontractors’ or employer’s personnel.
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the
meaning of any trade term and the rights and obligations of the parties
thereunder shall not be as prescribed by Incoterms, they shall be as
prescribed by: n/a

GCC 4.2 (b) The version edition of Incoterms shall be 2020

GCC 5.1 The language shall be: English


Section IX – Special Conditions of Contract 102

GCC 8.1 For notices, the Purchaser’s address shall be:


Attention: Procurement and Logistics Officer
Street Address: 15 Connaught Rd. Avondale,
City: Harare
ZIP Code: 00263
Country: Zimbabwe
Telephone: + 263 (0) 772 161 806/7
Electronic mail address: procurementzim@cordaid.org

GCC 9.1 The governing law shall be the law of: Zimbabwe

GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC Clause
10.2 shall be as follows:
(a) Contract with foreign Supplier:
For contracts entered into with foreign suppliers, International
commercial arbitration may have practical advantages over
other dispute settlement methods. The World Bank should not
be named as arbitrator, nor should it be asked to name an
arbitrator. Among the rules to govern the arbitration
proceedings, the Purchaser may wish to consider the United
Nations Commission on International Trade Law (UNCITRAL)
Arbitration Rules of 1976, the Rules of Conciliation and
Arbitration of the International Chamber of Commerce (ICC),
the Rules of the London Court of International Arbitration or
the Rules of Arbitration Institute of the Stockholm Chamber of
Commerce.
If the Purchaser chooses the UNCITRAL Arbitration Rules,
the following sample clause should be inserted:
GCC 10.2 (a)—Any dispute, controversy or claim arising out of
or relating to this Contract, or breach, termination or invalidity
thereof, shall be settled by arbitration in accordance with the
UNCITRAL Arbitration Rules as at present in force.
If the Purchaser chooses the Rules of ICC, the following
sample clause should be inserted:
GCC 10.2 (a)—All disputes arising in connection with the
present Contract shall be finally settled under the Rules of
Conciliation and Arbitration of the International Chamber of
Section IX - Special Conditions of Contract 103

Commerce by one or more arbitrators appointed in accordance


with said Rules.
If the Purchaser chooses the Rules of Arbitration Institute of
Stockholm Chamber of Commerce, the following sample
clause should be inserted:
GCC 10.2 (a)—Any dispute, controversy or claim arising out of
or in connection with this Contract, or the breach termination or
invalidity thereof, shall be settled by arbitration in accordance
with the Rules of the Arbitration Institute of the Stockholm
Chamber of Commerce.
If the Purchaser chooses the Rules of the London Court of
International Arbitration, the following clause should be
inserted:
GCC 10.2 (a)—Any dispute arising out of or in connection with
this Contract, including any question regarding its existence,
validity or termination shall be referred to and finally resolved
by arbitration under the Rules of the London Court of
International Arbitration, which rules are deemed to be
incorporated by reference to this clause.
(b) Contracts with Supplier national of the Purchaser’s Country:
In the case of a dispute between the Purchaser and a Supplier
who is a national of the Purchaser’s Country, the dispute shall
be referred to adjudication or arbitration in accordance with the
laws of the Purchaser’s Country.

GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier
are a negotiable bill of lading, a non-negotiable sea way bill, an airway
bill, a railway consignment note, a road consignment note, insurance
certificate, Manufacturer’s or Supplier’s warranty certificate, inspection
certificate issued by nominated inspection agency, Supplier’s factory
shipping details.
The above documents shall be received by the Purchaser before
arrival of the Goods and, if not received, the Supplier will be
responsible for any consequent expenses.
Section IX – Special Conditions of Contract 104

GCC 14.9 GCC 14.9.1 The Supplier shall have a code of conduct, and provide
appropriate sensitization, for the Supplier’s personnel carrying
out: installation/ maintenance that include, but not limited to,
maintaining a safe working environment and not engaging in
the following practices:
(i) any form of sexual harassment including unwelcome
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature with other
Supplier’s or Purchaser’s personnel;
(ii) any form of sexual exploitation, which means any actual
or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another;
(iii) any form of sexual abuse, which means the actual or
threatened physical intrusion of a sexual nature, whether
by force or under unequal or coercive conditions; and
(iv) any form of sexual activity with individuals under the
age of 18, except in case of pre-existing marriage.
GCC 14.9.2 The Purchaser may require the Supplier to remove (or cause to
be removed), from the site or other places where the
installation/ maintenance is being executed, a Supplier’s
personnel that undertakes behaviors that are not consistent
with the code of conduct stated in GCC 14.9.1.
Notwithstanding any requirement from the Purchaser to
replace any such person, the Supplier shall immediately
remove (or cause to be removed) any such person, from the
site or other places where the installation / maintenance is
being executed. In either case, the Supplier shall promptly
appoint, as appropriate, a suitable replacement with equivalent
skills and experience.

GCC 15.1 The prices charged for the Goods supplied and the related Services
performed shall not be adjustable.

GCC 16.1 GCC 16.1—The method and conditions of payment to be made to the
Supplier under this Contract shall be as follows:

Payment for Goods supplied from abroad:

Payment of foreign currency portion shall be made in United States of


America Dollars (USD) in the following manner:
Section IX - Special Conditions of Contract 105

(i) Advance Payment: Ten (10) percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract, and upon
submission of claim and a bank guarantee for equivalent amount valid
until the Goods are delivered and in the form provided in the bidding
document or another form acceptable to the Purchaser.

(ii) On Shipment: Eighty (80) percent of the Contract Price of the Goods
shipped shall be paid through irrevocable confirmed letter of credit
opened in favor of the Supplier in a bank in its country, upon
submission of documents specified in GCC Clause 13.

(iii) On Acceptance: Ten (10) percent of the Contract Price of Goods


received shall be paid within thirty (30) days of receipt of the Goods
upon submission of claim supported by the acceptance certificate
issued by the Purchaser.

Payment of local currency portion shall be made in ZWL currency if


applicable within thirty (30) days of presentation of claim supported by a
certificate from the Purchaser declaring that the Goods have been delivered
and that all other contracted Services have been performed.

Payment for Goods and Services supplied from within the Purchaser’s
Country:

Payment for Goods and Services supplied from within the Purchaser’s
Country shall be made in United States of America Dollars (USD), as
follows:

(i) Advance Payment: Ten (10) percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract against a simple
receipt and a bank guarantee for the equivalent amount and in the
form provided in the bidding document or another form acceptable to
the Purchaser.

(ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid
on receipt of the Goods and upon submission of the documents
specified in GCC Clause 13.

(iii) On Acceptance: The remaining ten (10) percent of the Contract Price
shall be paid to the Supplier within thirty (30) days after the date of
the acceptance certificate for the respective delivery issued by the
Purchaser.

GCC 16.5 The payment-delay period after which the Purchaser shall pay interest to
the supplier shall be 60 days.
The interest rate that shall be applied is 0.2 %
Section IX – Special Conditions of Contract 106

GCC 18.1 A Performance Security shall not be required.

GCC 18.3 If required, the Performance Security shall be in the form of: n/a
If required, the Performance security shall be denominated in n/a

GCC 18.4 Discharge of the Performance Security shall take place: n/a

GCC 23.2 The packing, marking and documentation within and outside the packages
shall be: detailed

GCC 24.1 The insurance coverage shall be as specified in the Incoterms.


If not in accordance with Incoterms, insurance shall be as follows: n/a

GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the
Incoterms.
If not in accordance with Incoterms, responsibility for transportations
shall be as follows: “The Supplier is required under the Contract to
transport the Goods to a specified place of final destination within the
Purchaser’s Country, defined as the Project Site, transport to such place
of destination in the Purchaser’s Country, including insurance and
storage, as shall be specified in the Contract, shall be arranged by the
Supplier, and related costs shall be included in the Contract Price”; or
any other agreed upon trade terms (specify the respective responsibilities
of the Purchaser and the Supplier

GCC 25.2 Incidental services to be provided are: installation, training and after sales
support within warranty period.

GCC 26.1 The inspections and tests shall be: shall be carried out by SGS, an
independent inspection agency (or any other replacement inspection
agency nominated by the Purchaser if SGS and the Supplier cannot agree
terms (“Replacement”)) appointed by the Supplier for this purpose, and
the Goods will only be accepted by the Purchaser on the production of an
inspection report from SGS (or the Replacement) certifying the quality
and fitness for purpose of the Goods.

GCC 26.2 The Inspections and tests shall be conducted at: the warehouse of the
manufacturers factory as notified to SGS.

GCC 27.1 The liquidated damage shall be: 0.2% per week
Section IX - Special Conditions of Contract 107

GCC 27.1 The maximum amount of liquidated damages shall be: 3%

GCC 28.3 The period of validity of the Warranty shall be: at least 365 days
For purposes of the Warranty, the place(s) of final destination(s) shall be:
Refer to delivery schedule

GCC 28.3—In partial modification of the provisions, the warranty period


at least 12 months from date of acceptance of the Goods. The Supplier
shall, in addition, comply with the performance and/or consumption
guarantees specified under the Contract. If, for reasons attributable to the
Supplier, these guarantees are not attained in whole or in part, the Supplier
shall, at its discretion, either:

(a) make such changes, modifications, and/or additions to the


Goods or any part thereof as may be necessary in order to attain
the contractual guarantees specified in the Contract at its own
cost and expense and to carry out further performance tests in
accordance with GCC 26.7,

GCC 28.5, The period for repair or replacement shall be: 60 days.
GCC 28.6

GCC 33.4
If the value engineering proposal is approved by the Purchaser the
amount to be paid to the Supplier shall be 10%
Section IX – Special Conditions of Contract 108

Attachment: Price Adjustment Formula


If in accordance with GCC 15.1, prices shall be adjustable, the following method shall be used
to calculate the price adjustment:

15.1 Prices payable to the Supplier, as stated in the Contract, shall be subject to adjustment
during performance of the Contract to reflect changes in the cost of labor and material
components in accordance with the formula:

P1 = P0 [a + bL1 + cM1] - P0
L0 M0

a+b+c = 1
in which:

P1 = adjustment amount payable to the Supplier.


P0 = Contract Price (base price).
a = fixed element representing profits and overheads included in the Contract
Price and generally in the range of five (5) to fifteen (15) percent.
b = estimated percentage of labor component in the Contract Price.
c = estimated percentage of material component in the Contract Price.
L0, L1 = *labor indices applicable to the appropriate industry in the country of
origin on the base date and date for adjustment, respectively.
M0 , M 1 = *material indices for the major raw material on the base date and date for
adjustment, respectively, in the country of origin.

The Bidder shall indicate the source of the indices, and the source of exchange rate (if
applicable) and the base date indices in its Bid.

The coefficients a, b, and c as specified by the Purchaser are as follows:

a = [insert value of coefficient]


b = [insert value of coefficient]
c = [insert value of coefficient]

Base date = thirty (30) days prior to the deadline for submission of the Bids.

Date of adjustment = [insert number of weeks] weeks prior to date of shipment


(representing the mid-point of the period of manufacture).

The above price adjustment formula shall be invoked by either party subject to the
following further conditions:

(a) No price adjustment shall be allowed beyond the original delivery dates. As a rule,
no price adjustment shall be allowed for periods of delay for which the Supplier is
Section IX - Special Conditions of Contract 109

entirely responsible. The Purchaser will, however, be entitled to any decrease in


the prices of the Goods and Services subject to adjustment.

(b) If the currency in which the Contract Price P0 is expressed is different from the
currency of origin of the labor and material indices, a correction factor will be
applied to avoid incorrect adjustments of the Contract Price. The correction factor
shall be: Z0 / Z1, where,

Z0 = the number of units of currency of the origin of the indices which equal to
one unit of the currency of the Contract Price P0 on the Base date,
and

Z1 = the number of units of currency of the origin of the indices which equal to
one unit of the currency of the Contract Price P0 on the Date of
Adjustment.

(c) No price adjustment shall be payable on the portion of the Contract Price paid to
the Supplier as advance payment.
Section VII – Schedule of Requirements 110

Section X - Contract Forms

Table of Forms

Notification of Intention to Award .................................................................................... 111

Beneficial Ownership Disclosure Form ............................................................................ 116

Letter of Acceptance ........................................................................................................... 119

Contract Agreement ........................................................................................................... 120

Performance Security ......................................................................................................... 123

Advance Payment Security ................................................................................................ 128


Section VII – Schedule of Requirements 111

Notification of Intention to Award


[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid.]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]
For the attention of Bidder’s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The Notification must be sent to all Bidders
simultaneously. This means on the same date and as close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award


Purchaser: [insert the name of the Purchaser]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFB is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFB No: [insert RFB reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of
this Notification begins the Standstill Period. During the Standstill Period you may:

a) request a debriefing in relation to the evaluation of your Bid, and/or

b) submit a Procurement-related Complaint in relation to the decision to award the contract.

1. The successful Bidder


Section VII – Schedule of Requirements 112

Name: [insert name of successful Bidder]

Address: [insert address of the successful Bidder]

Contract price: [insert contract price of the successful Bid]

2. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If the Bid’s price was evaluated include
the evaluated price as well as the Bid price as read out.]
Evaluated Bid price
Name of Bidder Bid price
(if applicable)
[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

3. Reason/s why your Bid was unsuccessful

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT
include: (a) a point by point comparison with another Bidder’s Bid or (b) information
that is marked confidential by the Bidder in its Bid.]

4. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date]


(local time).
Section VII – Schedule of Requirements 113

You may request a debriefing in relation to the results of the evaluation of your Bid. If you
decide to request a debriefing your written request must be made within three (3) Business
Days of receipt of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Bidder, contact details; and address
the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Purchaser]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will provide
the debriefing within five (5) Business Days of receipt of your request. If we are unable to
provide the debriefing within this period, the Standstill Period shall be extended by five (5)
Business Days after the date that the debriefing is provided. If this happens, we will notify you
and confirm the date that the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall
promptly advise you in writing how the debriefing will take place and confirm the date and
time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this
case, we will provide the debriefing as soon as practicable, and normally no later than fifteen
(15) Business Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted by


midnight, [insert date] (local time).
Section VII – Schedule of Requirements 114

Provide the contract name, reference number, name of the Bidder, contact details; and address the
Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Purchaser]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
At this point in the procurement process, you may submit a Procurement-related Complaint challenging the
decision to award the contract. You do not need to have requested, or received, a debriefing before making
this complaint. Your complaint must be submitted within the Standstill Period and received by us before
the Standstill Period ends.
Further information:
For more information see the Procurement Regulations for IPF Borrowers (Procurement
Regulations)[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=4005]
(Annex III). You should read these provisions before preparing and submitting your complaint. In addition,
the World Bank’s Guidance “How to make a Procurement-related Complaint”
[http://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement-new-
framework#framework] provides a useful explanation of the process, as well as a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this
bidding process, and is the recipient of a Notification of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all of the information required by the Procurement Regulations
(as described in Annex III).
Section VII – Schedule of Requirements 115

6. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Purchaser:

Signature: ______________________________________________

Name: ______________________________________________

Title/position: ______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________
Section VII – Schedule of Requirements 116

Beneficial Ownership Disclosure Form

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED


THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful


Bidder1. In case of joint venture, the Bidder must submit a separate Form for each member.
The beneficial ownership information to be submitted in this Form shall be current as of the
date of its submission.

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who
ultimately owns or controls the Bidder by meeting one or more of the following conditions:

• directly or indirectly holding 25% or more of the shares


• directly or indirectly holding 25% or more of the voting rights
• directly or indirectly having the right to appoint a majority of the board of directors
or equivalent governing body of the Bidder

RFB No.: [insert number of RFB process]


Request for Bid No.: [insert identification]

To: [insert complete name of Purchaser]

In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on
beneficial ownership: [select one option as applicable and delete the options that are not applicable]

(i) we hereby provide the following beneficial ownership information.

Details of beneficial ownership


Section VII – Schedule of Requirements 117

Identity of Directly or Directly or Directly or indirectly


Beneficial Owner indirectly holding indirectly holding having the right to
25% or more of the 25 % or more of appoint a majority of the
shares the Voting Rights board of the directors or
an equivalent governing
(Yes / No) (Yes / No) body of the Bidder
(Yes / No)

[include full name


(last, middle, first),
nationality, country
of residence]

OR

(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:

• directly or indirectly holding 25% or more of the shares


• directly or indirectly holding 25% or more of the voting rights
• directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder

OR

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions. [If this option is
selected, the Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]
• directly or indirectly holding 25% or more of the shares
• directly or indirectly holding 25% or more of the voting rights
• directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the
Bidder]”
Section VII – Schedule of Requirements 118

Name of the Bidder: *[insert complete name of the Bidder]_________

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to
sign the Bid]___________

Title of the person signing the Bid: [insert complete title of the person signing the Bid]______

Signature of the person named above: [insert signature of person whose name and capacity are shown above]_____

Date signed [insert date of signing] day of [insert month], [insert year]_____

*
In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each
reference to “Bidder” in the Beneficial Ownership Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.
Section VII – Schedule of Requirements 119

Letter of Acceptance
[use letterhead paper of the Purchaser]

[date]
To: [name and address of the Supplier]

Subject: Notification of Award Contract No. . . . . . . . . ..

This is to notify you that your Bid dated [insert date] for execution of the [insert name of the contract and identification number, as
given in the SCC] for the Accepted Contract Amount of [insert amount in numbers and words and name of currency], as corrected
and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using for that
purpose one of the Performance Security Forms and (ii) the additional information on beneficial ownership in accordance with BDS
ITB 45.1 within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X, - Contract Forms, of
the Bidding Document.

Authorized Signature:
Name and Title of Signatory:
Name of Agency:

Attachment: Contract Agreement


Section VII – Schedule of Requirements 120

Contract Agreement
[The successful Bidder shall fill in this form in accordance with the instructions indicated]

THIS AGREEMENT made


the [insert: number] day of [insert: month], [insert: year].

BETWEEN
(1) [insert complete name of Purchaser], a [insert description of type of legal entity, for example, an agency of the
Ministry of .... of the Government of {insert name of Country of Purchaser}, or corporation incorporated under the
laws of {insert name of Country of Purchaser}] and having its principal place of business at [insert address of
Purchaser] (hereinafter called “the Purchaser”), of the one part, and
(2) [insert name of Supplier], a corporation incorporated under the laws of [insert: country of Supplier] and having its
principal place of business at [insert: address of Supplier] (hereinafter called “the Supplier”), of the other part:
WHEREAS the Purchaser invited Bids for certain Goods and ancillary services, viz., [insert brief description of Goods and Services]
and has accepted a Bid by the Supplier for the supply of those Goods and Services

The Purchaser and the Supplier agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract
documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall
prevail over all other contract documents.

(a) the Letter of Acceptance


Section VII – Schedule of Requirements 121

(b) the Letter of Bid


(c) the Addenda Nos._____ (if any)
(d) Special Conditions of Contract
(e) General Conditions of Contract
(f) the Specification (including Schedule of Requirements and Technical Specifications)
(g) the completed Schedules (including Price Schedules)
(h) any other document listed in GCC as forming part of the Contract
3. In consideration of the payments to be made by the Purchaser to the Supplier as specified in this Agreement, the Supplier hereby
covenants with the Purchaser to provide the Goods and Services and to remedy defects therein in conformity in all respects with
the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Services 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 [insert the name
of the Contract governing law country] on the day, month and year indicated above.

For and on behalf of the Purchaser

Signed: [insert signature]


in the capacity of [insert title or other appropriate designation]
In the presence of [insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier]


in the capacity of [insert title or other appropriate designation]
in the presence of [insert identification of official witness]
Section VII – Schedule of Requirements 122
Section VII – Schedule of Requirements 123

Performance Security
Option 1: (Bank Guarantee)

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Purchaser]

Date: _ [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that _ [insert name of Supplier, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called
"the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the supply
of _ [insert name of contract and brief description of Goods and related Services] (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 Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding
in total an amount of [insert amount in figures]
( ) [insert amount in words],1 such sum being payable in the types and proportions of currencies in which the Contract Price is payable,
upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in

1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter of Acceptance, and denominated
either in the currency (ies) of the Contract or a freely convertible currency acceptable to the Beneficiary.
Section VII – Schedule of Requirements 124

a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under
the Contract, without the Beneficiary 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 ……, 2…2, and any demand for payment under it must be received by us at this
office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that
the supporting statement under Article 15(a) is hereby excluded.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 18.4. The Purchaser should note that in the event of an extension
of this date for completion of the Contract, the Purchaser 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 Purchaser 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] [one year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry
of the guarantee.”
Section VII – Schedule of Requirements 125

Option 2: Performance Bond

By this Bond [insert name of Principal] as Principal (hereinafter called “the Supplier”) and [insert name of Surety] as Surety (hereinafter
called “the Surety”), are held and firmly bound unto [insert name of Purchaser] as Obligee (hereinafter called “the Supplier”) in the
amount of [insert amount in words and figures], for the payment of which sum well and truly to be made in the types and proportions
of currencies in which the Contract Price is payable, the Supplier and the Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Supplier has entered into a written Agreement with the Purchaser dated the day of , 20 , for [name of
contract and brief description of Goods and related Services] in accordance with the documents, plans, specifications, and amendments
thereto, which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract.

NOW, THEREFORE, the Condition of this Obligation is such that, if the Supplier shall promptly and faithfully perform the said Contract
(including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Supplier shall be, and declared by the Purchaser to be, in default under the Contract, the Purchaser having performed the
Purchaser’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Bid or Bids from qualified Bidders for submission to the Purchaser for completing the Contract in accordance with
its terms and conditions, and upon determination by the Purchaser and the Surety of the lowest responsive Bidder, arrange
for a Contract between such Bidder and Purchaser and make available as work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the Balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “Balance
of the Contract Price,” as used in this paragraph, shall mean the total amount payable by Purchaser to Supplier under the
Contract, less the amount properly paid by Purchaser to the Supplier; or
Section VII – Schedule of Requirements 126

(3) pay the Purchaser the amount required by Purchaser to complete the Contract in accordance with its terms and conditions up
to a total not exceeding the amount of this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted not later than twenty-eight (28) days following the date of completion of the Supplier’s
performance of its obligations under the Contract, including any warranty obligations.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Purchaser named herein or the
heirs, executors, administrators, successors, and assigns of the Purchaser.

In testimony whereof, the Supplier has hereunto set his hand and affixed his seal, and the Surety has caused these presents to be sealed
with his corporate seal duly attested by the signature of his legal representative, this day of 20 .

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of
Section VII – Schedule of Requirements 127
Section VII – Schedule of Requirements 128

Advance Payment Security


Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Purchaser]

Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of Supplier, which in the case of a joint venture shall be the name of the joint venture]
(hereinafter called “the Applicant”) has entered into Contract No. [insert reference number of the contract] dated [insert date] with the
Beneficiary, for the execution of [insert name of contract and brief description of Goods and related Services] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [insert amount in figures]
() [insert amount in words] is to be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding
in total an amount of [insert amount in figures]
Section VII – Schedule of Requirements 129

( ) [insert amount in words]1 upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement,
whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the Applicant:

(d) has used the advance payment for purposes other than toward delivery of Goods; or
(e) has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the
Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank
stating that the advance payment referred to above has been credited to the Applicant on its account number [insert number] at [insert
name and address of Applicant’s bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant
as specified 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 ninety (90) percent of the Accepted Contract Amount,
has been certified for payment, or on the [insert day] day of [insert month], 2 [insert year], whichever is earlier. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.758, except that
the supporting statement under Article 15(a) is hereby excluded.

____________________
[signature(s)]

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment
as specified in the Contract, or in a freely convertible currency acceptable to the Purchaser.
Section VII – Schedule of Requirements 130

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
Section X – Contract Forms 131

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