01 Section I - Sec 1 Instructions To Bidders

SECTION I INSTRUCTIONS TO BIDDERS

Juba-Nimule Road – Section 1: Km 0+000 to Km 55+000 Southern Sudan

Section I Instructions To Bidders

SECTION I - INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS CLAUSES

PAGE NO

A. GENERAL ....................................................................................................................................................... 1  1.  2.  3.  4.  5.  6.  7.  8. 

SCOPE OF BID .................................................................................................................................. 1  SOURCE OF FUNDS ........................................................................................................................ 1  ELIGIBLE BIDDERS ......................................................................................................................... 1  ELIGIBLE MATERIALS, PLANT, SUPPLIES, EQUIPMENT, AND SERVICES ...................... 2  QUALIFICATION OF THE BIDDER ............................................................................................. 2  ONE BID PER BIDDER .................................................................................................................... 3  COST OF BIDDING .......................................................................................................................... 3  SITE VISIT .......................................................................................................................................... 4 

B. BIDDING DOCUMENTS ............................................................................................................................... 4  9.  10.  11. 

CONTENT AND FORMAT OF BIDDING DOCUMENTS......................................................... 4  CLARIFICATION OF BIDDING DOCUMENTS ......................................................................... 5  AMENDMENT OF BIDDING DOCUMENTS.............................................................................. 5 

C. PREPARATION OF BIDS ............................................................................................................................. 5  12.  13.  14.  15.  16.  17.  18.  19.  20. 

LANGUAGE OF BID ....................................................................................................................... 5  DOCUMENTS COMPRISING THE BID ....................................................................................... 5  BID PRICES........................................................................................................................................ 5  CURRENCIES OF BID AND PAYMENT ...................................................................................... 6  BID VALIDITY .................................................................................................................................. 6  BID SECURITY .................................................................................................................................. 6  ALTERNATIVE PROPOSALS BY BIDDERS ................................................................................ 7  PRE-BID MEETING .......................................................................................................................... 7  FORMAT AND SIGNING OF BID ................................................................................................. 8 

D. SUBMISSION OF BIDS ................................................................................................................................. 8  21.  22.  23.  24. 

SEALING AND MARKING OF BIDS ............................................................................................ 8  DEADLINE FOR SUBMISSION OF BIDS ..................................................................................... 9  LATE BIDS ......................................................................................................................................... 9  MODIFICATION AND WITHDRAWAL OF BIDS ..................................................................... 9 

E. BID OPENING AND EVALUATION ........................................................................................................... 9  25.  26.  27.  28.  29.  30.

BID OPENING .................................................................................................................................. 9  PROCESS TO BE CONFIDENTIAL ............................................................................................. 10  CLARIFICATION OF BIDS AND CONTACTING THE EMPLOYER .................................... 10  EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS .................... 10  CORRECTION OF ERRORS.......................................................................................................... 11  EVALUATION AND COMPARISON OF BIDS...................................................................... 11 

F. AWARD OF CONTRACT ............................................................................................................................ 12  31.  32.  33.  34.  35.  36.  37. 38. 

AWARD ........................................................................................................................................... 12  EMPLOYER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ....... 12  NOTIFICATION OF AWARD ...................................................................................................... 12  SIGNING OF AGREEMENT ......................................................................................................... 12  PERFORMANCE SECURITY ........................................................................................................ 13  MOBILIZATION PAYMENT SECURITY ................................................................................... 13  THIRD PARTY INSURANCE ....................................................................................................... 13  CORRUPT OR FRAUDULENT PRACTICES ............................................................................. 13 

SISP (USAID) Southern Sudan

Instructions to Bidders - i

Juba-Nimule Road – Section 1: Km 0+000 to Km 55+000 Southern Sudan

Section I Instructions To Bidders

SECTION I - INSTRUCTIONS TO BIDDERS A. GENERAL 1. Scope of Bid

1.1

The Employer, as defined in the Bidding Data and Appendix to Bid, hereinafter “the Employer”, wishes to receive bids for the construction of Km 0+000 to Km 55+000 of the Juba to Nimule Road located in Eastern Equatoria State, Southern Sudan.

1.2

The scope of works summarized in the Bidding Data and described in Volume 1 of 2, Sections II, III, IV, V, VI, VII, and X as well as the Drawings (for Tender purposes only) contained in Volume 2 of 2 hereinafter referred to as “the Works.”

1.3

The successful bidder will be expected to complete the Works within the period stated in the Bidding Data and Appendix to Bid from the date of issuance of a Notice to Commence.

1.4 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder/tenderer”, “bid/tendered”, “bidding/tendering”, etc.) are synonymous, and “day” means calendar day. Singular also means plural. 2. Source of Funds

3. Eligible Bidders

2.1

The Government of Southern Sudan is receiving assistance from the United States Agency for International Development (USAID) under the Sudan Infrastructure Services Project (SISP), which is being administrated by The Louis Berger Group Inc. (LBG). USAID intends to apply a portion of the funds under this program to payments under the Contract for which these bidding documents are issued.

2.2

Payments will be made only at the request of the Employer and upon approval by the Engineer in accordance with the terms and conditions of the SISP Agreement, and will be subject in all respects to the terms and conditions of that Agreement.

3.1 This Invitation to bid is open to Bidders who meet the requirements as set forth in below. 3.2

3.3

No Bidder (including all members of a joint venture and all subcontractors of a Bidder) shall be from an ineligible country viz. Cuba, Iran, Libya, North Korea, and Syria. Companies which are state owned or partially state owned will be ineligible to bid. A Bidder must not have a conflict of interest. Any Bidder found to be in a conflict of interest will be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in the Proposal process, if they: (a) have controlling shareholders in common; or (b) receive or have received any direct or indirect subsidy from any of them; or (c) have the same legal representative for purposes of a Proposal; or

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Section I Instructions To Bidders

(d) have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on a Proposal of another Bidder, or influence the decisions of the Employer regarding the tendering process; or (e) Participated as a consultant in preparing the design or technical specifications of the Works or of the Project of which the Works form a part.

4. Eligible Materials, Plant, Supplies, Equipment, and Services

5. Qualification of the Bidder

3.4

Bidders shall provide such evidence of their eligibility satisfactory to the Employer as the Employer shall reasonably request.

3.5

Bidders shall not be under a declaration of ineligibility for award of a Contract or for corrupt or fraudulent practices issued by the US Government, the Client or the Employer.

4.1

The materials, equipment, other supplies, and Services to be supplied under the Contract, shall not have their origin in ineligible countries as stipulated in Instructions to Bidders Subclause 3.2.

4.2

For purposes of Instructions to Bidders Sub-Clause 4.1 above, “origin” means the place where the materials, Plant, equipment, and other supplies are mined, grown, produced, or manufactured, and from which the services are supplied.

5.1

Bidders shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid to commit the bidder.

5.2

Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

SISP (USAID) Southern Sudan

(a)

the bid security, the bid, and in case of a successful bid, the Agreement, shall be signed so as to be legally binding on all partners;

(b)

one of the partners shall be nominated as being in charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners;

(c)

the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture and the entire execution of the Contract, including payment, shall be done exclusively with the partner in charge;

(d)

all partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned under (c) above, as well as in the bid and in the Agreement (in case of a successful bid); and

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(e)

Section I Instructions To Bidders

a copy of the Joint Venture Agreement entered into by all partners shall be submitted with the bid. Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the event of a successful bid shall be signed by all partners and submitted with the bid, together with a copy of the proposed agreement.

5.3

Bidders shall also submit proposals of work methods and schedule in sufficient detail to demonstrate the adequacy of the bidders’ proposals to meet the technical specifications and the completion time referred to in Instructions to Bidders Sub-Clause 1.2 above.

5.4

No firm included on the Excluded Parties List maintained by USAID will be eligible to tender individually, in partnership, or in a joint venture, or participate as a Contractor, Sub-Contractor or otherwise participate in the work of this Contract.

5.5

Eligible firms must be in compliance with Executive Order 11246, as amended, and regulations and orders issued there under (Equal Employment Opportunity).

5.6

Eligible firms must be in compliance with Executive Order on Terrorism Financing. The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with these Executive Orders and Laws. This provision must be included in all Subcontracts/Sub-awards issued under this RFP.

6. One Bid per Bidder

6.1

A firm shall submit only one bid in the same bidding process, either individually as a bidder or as a partner in a joint venture. No firm can be a subcontractor while submitting a bid individually or as a partner of a joint venture in the same bidding process. A firm, if acting in the capacity of subcontractor in any bid, may participate in more than one bid, but only in that capacity. A firm who submits a bid and also participates in other bids as a subcontractor will cause all the proposals in which the bidder has participated to be disqualified.

7. Cost of Bidding

7.1

The bidder shall bear all costs associated with the preparation and submission of its bid, and the Employer will not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

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8. Site Visit

Section I Instructions To Bidders

8.1

A mandatory Site Visit will be conducted by the Employer on the date and time as specified in the Section II, Bidding Data. The bidder is required to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidder’s own expense.

8.2

The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and the bidder will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

B. BIDDING DOCUMENTS 9. Content and format of Bidding Documents

9.1

The bidding documents are those stated below and should be read in conjunction with any Addenda issued in accordance with Clause 11. The Request for Proposal Volume 1 of 2 Section I Instructions to Bidders Section II Bidding Data Section III Part I - General Conditions of Contract Section IV Part II - Conditions of Particular Application Section

V

Section VI Section VII Section VIII Section IX Section X

Technical Specifications Specifications

and

Addendum

to

Form of Bid, Appendix to Bid, and Form of Bid Security Bill of Quantities Form of Agreement, Form of Performance Security and Form of Mobilization Payment Security Schedules and Supplementary Information List of Drawings

Volume 2 of 2 Drawings 9.2

SISP (USAID) Southern Sudan

The full sets of Bid Documents cans be retrieved from the Louis Berger FPT site. Instructions on how to access the site and download documents is included in the RFP Email sent to contractors on December 1, 2009. Should the Bidder have difficulty accessing the site or downloading documents the Bidder is to contact Kara Dixon, SISP Contracts Manager on [email protected] for assistance. Instructions to Bidders - 4 of 13

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Section I Instructions To Bidders

10. Clarification of 10.1 A prospective bidder requiring any clarification of the bidding Bidding documents may notify the Employer by e-mail at the Employer’s Documents address indicated in the Bidding Data. The Employer will respond to any request for clarification that he receives earlier than 10 days prior to the deadline for submission of bids. Copies of the Employer’s response will be forwarded to all bidders, including a description of the inquiry but without identifying its source. 11. Amendment of 11.1 At any time prior to the deadline for submission of bids, the Bidding Employer may amend the bidding documents by issuing Documents Addenda. 11.2 Any Addendum thus issued shall be part of the bidding documents pursuant to Instructions to Bidders Sub-Clause 9.1 and shall be communicated in writing or by e-mail to all bidders. Bidders shall promptly acknowledge receipt of each Addendum by e-mail to the Employer. 11.3 To give prospective bidders reasonable time in which to take an Addendum into account in preparing their bids, the Employer may extend as necessary the deadline for submission of bids, in accordance with Instructions to Bidders Clause 22. C. PREPARATION OF BIDS 12. Language of Bid

12.1 The bid, and all correspondence and documents related to the bid exchanged by the bidder and the Employer shall be written in the bid language stipulated in the Bidding Data. Supporting documents and printed literature furnished by the bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the bid, the translation shall prevail.

13. Documents Comprising the Bid

13.1 The bid submitted by the bidder shall comprise the following: duly filled-in and signed Form of Bid and signed Appendix to Bid, priced Bill of Quantities, complete data and information as required by the Schedules of Supplementary Information, and any other information or other materials required to be completed and submitted by bidders in accordance with these Instructions to Bidders.

14. Bid Prices

14.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole Works as described in these Instructions to Bidders Sub-Clause 1.1, based on the unit rates and prices in the Bill of Quantities submitted by the bidder. 14.2 The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.

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Section I Instructions To Bidders

14.3 The rates and prices entered by the bidders shall include all necessary costs for all work, constructional plant, labor, equipment, supervision, materials, erection, maintenance, insurance, overhead, profit, taxes and duties, together with all general risks, liabilities, insurances, bonds, subsidiary obligations, and conditions and requirements set out or implied in the Contract for the whole Works including those requirements prescribed in Section III, Section IV and Section V of the bidding documents. 14.4 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total Bid Price submitted by the bidder. 15. Currencies of Bid and Payment

15.1 The currency of the bid and payment shall be as specified in the Bidding Data.

16. Bid Validity

16.1 Bids shall remain valid for the period stipulated in the Bidding Data after the deadline for bid submission as specified in these Instructions to Bidders Clause 22. 16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by e-mail. A bidder agreeing to the request will not be permitted to modify its bid.

17. Bid Security

17.1 The bidder shall furnish, as part of its bid, a bid security in the amount stipulated in the Bidding Data in the currency specified in these Instructions to Bidders Clause 15. 17.2 The bid security shall: (a)

at the bidder’s option, be in the form of either a certified check, or a bank guarantee from a banking institution, or a bond issued by an insurance or bonding institution;

(b)

(i)

be an unconditional bank guarantee issued either by a Bank located in the USA, or by a foreign bank through a correspondent bank located in the USA; or

(ii)

be a cash deposit to a named bank account of the Employer; or

(iii) be a cash deposit to the Employer.

SISP (USAID) Southern Sudan

(c)

be substantially in accordance with one of the forms of bid security included in Section VI or other form approved by the Employer prior to bid submission;

(d)

be payable promptly upon written demand by the Employer in case any of the conditions listed in Instructions to

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Section I Instructions To Bidders

Bidders Sub-Clause 17.7 are invoked; (e)

be submitted in its original form; copies will not be accepted;

(f)

remain valid for a period of 35 days beyond the original validity period of bids, or beyond any period of extension subsequently requested under Instructions to Bidders SubClause 16.2.

17.3 The bid security of a joint venture shall be issued so as to commit fully all partners to the proposed joint venture. 17.4 Any bid not accompanied by an acceptable bid security shall be rejected by the Employer as non-responsive. 17.5 The bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than 60 days after the expiration of the original period, or any subsequently extended period, of bid validity. 17.6 The bid security of the successful bidder will be returned when the bidder has signed the Agreement and furnished the required performance security. 17.7 The bid security may be forfeited

18. Alternative Proposals by Bidders 19. Pre-Bid Meeting

(a)

if the bidder withdraws its bid, except as provided in Instructions to Bidders Sub-Clause 24.1;

(b)

if the bidder does not accept the correction of its Bid Price, pursuant to Instructions to Bidders Sub-Clause 29.2; or

(c)

in the case of a successful bidder, if he fails within the specified time limit to (i)

sign the Agreement, or

(ii)

furnish the required performance security.

18.1 Bidders shall submit offers, which comply with the documents, including the basic technical design as indicated in the Drawings (for Tender purposes only) and Specifications. Alternatives will not be considered. 19.1 The bidder’s designated representative shall attend a pre-bid meeting, which will take place at the venue and time stipulated in the Bidding Data. 19.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. 19.3 The bidder is requested, as far as possible, to submit any questions in writing or by e-mail, to reach the Employer not later than three days before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following Sub-Clause. 19.4 Minutes of the meeting, including the text of the questions raised and the responses given, together with any responses prepared

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Section I Instructions To Bidders

after the meeting, will be transmitted without delay to all bidders. Any modification of the bidding documents listed in Instructions to Bidders Sub-Clause 9.1 that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Instructions to Bidders Clause 11 and not through the minutes of the pre-bid meeting. 19.5 Nonattendance at the pre-bid meeting may be a cause for disqualification of a bidder. 20. Format and Signing of Bid

20.1 The bidder shall prepare one original of the documents comprising the bid as described in Instructions to Bidders Clause 13 of these Instructions to Bidders clearly marked “original.” In addition, the bidder shall submit copies of the bid, in the number specified in the Bidding Data and clearly marked “copies.” In the event of discrepancy between them, the original shall prevail. 20.2 The original and all copies of the bid shall be typed or written in indelible ink (in the case of copies, photocopies are also acceptable) and shall be signed by a person or persons duly authorized to sign on behalf of the bidder, pursuant to paragraphs 5.1 (a) or 5.2 (c) of Instructions to Bidders Sub-Clause 5.1, as the case may be. All pages of the bid where entries or amendments have been made shall be initialed by the person or persons signing the bid. 20.3 The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the bid.

D. SUBMISSION OF BIDS 21. Sealing and Marking of Bids

21.1 The bidder shall seal the original and each copy of the bid in separate envelopes, duly marking the envelopes as “original” and “copies.” The envelopes shall then be sealed in an outer envelope. 21.2 The inner and outer envelopes shall: (a)

be addressed to the Employer at the address provided in the Bidding Data;

(b)

bear the name and identification number of the Bid as defined in the Bidding Data and

(c)

provide a warning not to open before the time and date for bid opening, as specified in the Bidding Data.

21.3 In addition to the identification required in Instructions to Bidders Sub-Clause 21.2, the inner envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared “late” pursuant to Instructions to Bidders Clause 23, and for matching purposes under Instructions to Bidders Clause 24. 21.4 If the outer envelope is not sealed and marked as above, the SISP (USAID) Southern Sudan

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Section I Instructions To Bidders

Employer will assume no responsibility for the misplacement or premature opening of the bid. If the outer envelope discloses the bidder’s identity, the Employer will not guarantee the anonymity of the bid submission, but this shall not constitute grounds for rejection of the bid. 22. Deadline for Submission of Bids

22.1 Bids must be received by the Employer at the address specified in Instructions to Bidders Sub-Clause 21.2 (a) no later than the time and date stipulated in the Bidding Data. 22.2 The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing an Addendum in accordance with Instructions to Bidders Clause 11, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.

23. Late Bids

23.1 Any bid received by the Employer after the deadline for submission of bids prescribed in Instructions to Bidders Clause 22 will be returned unopened to the bidder.

24. Modification and Withdrawal of Bids

24.1 The bidder may modify or withdraw its bid after bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of bids. 24.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the provisions of Instructions to Bidders Clause 21, with the outer and inner envelopes additionally marked “modification” or “withdrawal,” as appropriate. 24.3 No bid may be modified by the bidder after the deadline for submission of bids, except in accordance with Instructions to Bidders Sub-Clauses 24.2 and 29.2.

E. BID OPENING AND EVALUATION 25. Bid Opening

25.1 The Employer will open the bids, including withdrawals and modifications made pursuant to Instructions to Bidders Clause 24 at the time, date, and location stipulated in the Bidding Data. 25.2 Envelopes marked “Withdrawal” shall be opened first, and the name of the bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Instructions to Bidders Clause 24 shall not be opened. Subsequently, all envelopes marked “Modification” shall be opened and the submissions therein read out in appropriate detail. 25.3 The bidders’ names, the Bid Price, including any discounts, bid modifications and withdrawals, the presence (or absence) and amount of bid security, and any such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. No bid shall be rejected at bid opening except for late bids pursuant to Instructions to Bidders Clause 23.

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Section I Instructions To Bidders

25.4 During the bid opening the Employer shall prepare a tabulation noting the information disclosed in accordance with Instructions to Bidders Sub-Clause 25.3. Following the meeting the Engineer shall make copies of the tabulation and distribute them to the bidders’ representatives who are present at the bid opening and e-mail them to any bidder whose bid was opened but was not represented. 25.5 Bids not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances. 26. Process to be Confidential

26.1 Information relating to the examination, clarification, evaluation, and comparison of bids, and recommendations for the award of a contract, shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any effort by a bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of the bidder’s bid.

27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of bids, Bids and the Employer may, at its discretion, ask any bidder for Contacting the clarification of its bid, including breakdowns of rates. The Employer request for clarification and the response may be in writing or by e-mail, or in a meeting with the bidder but no change in the price or substance of the bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Instructions to Bidders Clause 29. 27.2 From the time of bid opening to the time of Contract award, if any bidder wishes to contact the Employer on any matter related to the bid, it should do so in writing or in a meeting arranged by the Employer. 27.3 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid comparison, or Contract award decisions will result in the rejection of the bidder’s Bid. 28. Examination 28.1 Prior to the detailed evaluation of bids, the Employer will of Bids and determine whether each bid (a) meets the eligibility criteria; (b) Determination has been properly signed; and (c) is substantially responsive to of the requirements of the bidding documents. Responsiveness 28.2 A substantially responsive bid is one that conforms to all the terms, conditions, and specifications of the bidding documents without material deviation or reservation. A material deviation or reservation is one (a) that affects in any substantial way the scope, quality, or performance of the Works; (b) that limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the bidder’s obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

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Section I Instructions To Bidders

28.3 If a bid is not substantially responsive, it will be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 28.4 If a bid is non-compliant with any one of Clauses 35, 36 and 37 it will be deemed non-responsive and will be rejected. 29. Correction of Errors

29.1 Bids will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern. 29.2 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected.

30. Evaluation and Comparison of Bids

30.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Instructions to Bidders Clause 28. 30.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows: (a) making any correction for errors pursuant to Instructions to Bidders Clause 29; (b) excluding Provisional Sums and the provision, if any, for contingencies in the Summary Bill of Quantities; and (c)

making an appropriate adjustment on sound technical and/or financial grounds for any other quantifiable acceptable variations or deviation offers.

30.3 The Employer reserves the right to accept or reject any variation, or deviation offer. Variations, deviations, and other factors that are in excess of the requirements of the bidding documents shall not be taken into account in bid evaluation. 30.4 If the bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or front loaded in relation to the Engineer’s estimate of the items of work to be performed under the Contract, the Employer may require that the amount of the performance security set forth in Instructions to Bidders Instructions to Bidders Clause 35 be increased at the expense of the bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful bidder under the Contract.

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Section I Instructions To Bidders

F. AWARD OF CONTRACT 31. Award

31.1 The Employer will award the Contract to the bidder whose bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest Evaluated Bid Price.

32. Employer’s 32.1 The Employer reserves the right to accept or reject any bid, and Right to Accept to annul the bidding process and reject all bids, at any time prior Any Bid and to to award of Contract, without thereby incurring any liability to Reject Any or the affected bidder or bidders or any obligation to inform the All Bids affected bidder or bidders of the grounds for the Employer’s action. 33. Notification of 33.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will notify the successful bidder in Award writing that its bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) shall specify the sum that the Employer will pay the Contractor in consideration of the execution and completion of the Works and the remedying of any defects therein by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called “the Contract Price”). 33.2 The notification of award will constitute the formation of the Contract. 33.3 Upon the successful bidder’s furnishing of the performance security pursuant to Instructions to Bidders Clause 35, the Employer will promptly notify the name of the winning bidder to each unsuccessful bidder and will discharge the bid security of the unsuccessful bidders, pursuant to Instructions to Bidders Clause 17. 33.4 If, after notification of award, a bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Employer. The Employer will promptly respond in writing to the unsuccessful bidder. 34. Signing of Agreement

34.1 No later than 10 days after the Employer issues the Letter of Acceptance to the successful bidder, the Employer will provide to the bidder the Agreement in the form provided in the bidding documents, incorporating all agreements between the parties. 34.2 Within 14 days of receipt of the Agreement, the successful bidder shall make arrangements with the Employer to sign the Agreement. 34.3 The Employer shall provide two (2) originals of the Agreement. Prior to signing, the Employer and the Contractor will review the originals and verify their conformity and acceptance by marking each unsigned page of both originals. After signing one original will be provided to the Contractor and one will be retained by the Employer.

SISP (USAID) Southern Sudan

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Juba-Nimule Road – Section 1: Km 0+000 to Km 55+000 Southern Sudan

Section I Instructions To Bidders

35. Performance Security

35.1 The bidder shall include as part of its bid a letter from its bank (Letterhead and duly signed) stating that the banker has read the RFP and is willing and able to provide the required performance bank guarantee in the amount specified, or state any variations and the reasons therefore.

36. Mobilization Payment Security

36.1 The bidder shall include as part of its bid a letter from its bank (Letterhead and duly signed) stating that the banker has read the RFP and is willing and able to provide the required mobilization payment bank guarantee in the amount specified, or state any variations and the reasons therefore.

37. Third Party Insurance

37.1 The bidder shall include as part of its bid a letter from its broker or insurance provider (Letterhead and duly signed) stating that the broker/carrier has read the RFP and is willing and able to provide the required insurance coverage and limits in the amounts specified in the Bidding Data, or state any variations and the reasons therefore.

38. Corrupt or Fraudulent Practices

38.1 The Employer requires that bidders, suppliers, and contractors under the Employer’s contracts observe the highest standard of ethics during the procurement and execution of such contracts. This policy defines, for the purposes of this provision, the terms set forth below. (a) "Corrupt Practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them or induce others to do so by misusing the position in which they are placed. It includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution. (b)

"Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of Employer. It includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive Client of the benefits of free and open competition.

The Employer will:

SISP (USAID) Southern Sudan

(a)

reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b)

declare a firm ineligible, either indefinitely or for a stated period of time to be awarded any Employer contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices.

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