Mauritius



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Procurement Policy Office

(Established under section 4 of the Public Procurement Act 2006)

Ref: W/EPROC/POWRB1/10-20

STANDARD FORM

Procurement of Works

(Restricted Bidding)

(to be used for online bidding for contract amount up to Rs 5 million excluding VAT)

Version 1

5

Procurement Policy Office

Ministry of Finance, Economic Planning and Development

Port Louis

October 2020

[Name of Public Body]

BIDDING DOCUMENTS

for

Procurement of

[insert Project Name]

Procurement Reference No:[……………...]

Online Tendering

The Installation, Commissioning and Operational Acceptance of the e-Procurement System of the Republic of Mauritius has been achieved since 31 July 2017.

The e-Procurement System allows for invitation for bids, downloading of bidding documents, request for clarification from suppliers, response to clarification and issue of addendum, submission of bids, closing of bids, bid opening, evaluation of bids and award of contract to be done online.

The process for Challenge and Review shall continue to be offline for some time.

Suppliers are hereby advised that it is a mandatory condition to have a digital certificate issued by a Certifying Authority licensed by the Republic of Mauritius to respond to any Invitation for Bid on the e-Procurement System. Further information may be obtained from the Supplier’s User Guide attached to this bidding document.

Restricted BIDDING (Works)

1. You are hereby invited to submit your best quotation for the works listed hereunder and more fully described in the Schedule of Requirements.

2. Your offer should be made online stating other relevant data, with any annex you may wish to submit along with your bid.

3. Works should preferably/mandatorily [Public body to delete as appropriate] be completed in [………] days from issue of Works Order.

4. Your quotation should be valid for a period of ….. [Public body to insert number of days – usually 30] days after the deadline set for closing date of submission of bid as mentioned in the Key Activity Schedule on the e-Procurement System.

5. The dates for closing of quotations, decryption and encryption, and opening are as set out in the Key Activity Schedule online.

6. Where the bidder does not execute the decryption and re-encryption of its bid within the time frame provided in Activity Schedule online, the bid shall not be accessible for opening. In such cases the bid shall be deemed to have been withdrawn by the bidder.

7. We commit ourselves to maintain the highest standard of integrity and ethical principles during all stages of the procurement cycle.

Name of Officer issuing this RB: …………………………………………

Position: ……………………………………………

Section I: Instructions to Bidders

1. Preparation of Bids

You are invited to quote for the works mentioned in Section IV by filling in the following templates provided online:

a) the Bid Submission Form referred to in Section II with its annex for Bid Securing Declaration;

b) the Detailed Activity Schedule referred to in Section III; and

c) any other attachment as deemed appropriate.

You are advised to carefully read the complete Instructions to Bidders, Specifications and Compliance sheet in Section V and the Particular Conditions of Contract in Section VII, before preparing your bid online.

2. Works Completion Period

The completion period for works shall be ……. [insert number days/weeks/months] after acceptance and issue of Purchase Order. Deviation in completion period shall not be accepted/shall be considered at evaluation if such deviation is reasonable [Public body to select as appropriate].

3. Submission of Bids

i) Where the bid is for one lot, Bidders are required to quote for each item shown in the Price Schedules, and for the total quantity of any particular item.

ii) All items of a Price Schedule shall be filled; where an item is not applicable, the letters N/A shall mean ‘Not Applicable’ and the letters N/Q shall mean ‘NO Quote’.

4. Request for Clarification

Request for clarification by bidders and response to clarification by the public body shall be done online.

5. Schedule for bidding process

The dates and time for closing of quotations, decryption and encryption, and opening of quotations are as set out in the Detailed Activity Schedules provided online.

6. Opening of Bids

Bids will be opened by the “Public body” at [insert address] at as per key Activity Schedule on e-PS. Bidders or their representative may attend the Bid Opening, if they choose to do so.

7. Evaluation of Bids

The Public Body shall have the right to request for clarifications during evaluation. Offers that are substantially responsive shall be compared on the basis of price or ownership cost, subject to Margin of Preference where applicable, to determine the lowest evaluated bid.

8. Eligibility Criteria

[Public Body may customise this section to supplement its specific requirements and reproduce the same data in the templates for mandatory evaluation criteria if the single stage single submission workflow is used in lieu of the mini-competition workflow.]

1. Registration with CIDB

a) Contractors have to be duly qualified and registered with the CIDB, where applicable, for the type of works for which this Request for Quotation refers to be eligible to participate in this bidding process.

b) Contractors shall submit a scanned copy of their registration along with their bid online, where applicable.

2. Bidders’ present status

Bidders must:

a) have the legal capacity to enter into a contract to execute the works;

b) not be insolvent, in receivership, bankrupt, subject to legal proceedings for any of these circumstances or in the process of being wound up; and

c) not have had your business activities suspended;

d) not have a conflict of interest in relation to this procurement requirement;

e) have a Business Registration Card; and

f) not be under a disqualification or debarment sanction.

9. Qualification Criteria

[Public Body may customise this section to supplement its specific requirements and reproduce the same data in the templates for mandatory evaluation criteria if the single stage single submission workflow is used in lieu of the mini-competition workflow.]

a) Bidders must be qualified and have the experience of executing works of the same nature and complexity.

b) Bidders must have qualified key resource persons on site for execution of the works.

10. Technical Compliance

[Public Body may customise this section to supplement its specific requirements and reproduce the same data in the templates for mandatory evaluation criteria if the single stage single submission workflow is used in lieu of the mini-competition workflow.]

a) Bidders must submit a scanned copy of the Specification and Compliance Sheet at section V in respect of specifications of the works to be carried out; and

b) Where no specifications are defined Bidders must comply with good standard practice in the industry.

11. Prices and Currency of Payment

Prices for the execution of works shall be fixed in Mauritian Rupees as quoted.

Bids shall cover all costs of labour, materials, equipment, overheads, profits and all associated costs for performing the works, and shall include all duties. The whole cost of performing the works shall be included in the items stated, and the cost of any incidental works shall be deemed to be included in the prices quoted.

12. Bid Securing Declaration

Bidders are/are not required to submit a Bid Security/subscribe to a Bid Securing Declaration for this procurement process [Public Body to customize as appropriate].

Where a Bid Security is required the Bidder shall submit a scan copy online and forward the original to reach the public body by the closing date for online bids. The Bid Security shall be as per the format contained in Schedule 1 of this document for an amount of Rs. …………. valid up to ……………… [Public Body shall insert amount and validity date if Bid Security is applicable].

13. Bid Submission form

i) Bidders will have to fill in the Bid Submission Form Template online.

ii) The total amount at the Detailed Activity Schedules shall be automatically transferred from the Price Templates to the Bid Submission Form in the appropriate text box. Bidders should ensure that the price carried forward to the Bid Submission Form is as per the total from the Detailed Activity Schedule.

iii) Where bids are invited in lot(s), bidders shall quote for all items within a lot for their bids to be responsive.

14. Margin of Preference

Application of Margin of preference is suspended until further notice.

15. Award of Contract

The Bidder having submitted the lowest evaluated responsive bid and qualified to perform the works shall be selected for award of contract. Award of contract shall be by issue of a Purchase Order/Letter of Acceptance in accordance with terms and conditions contained in Section VI: Contract.

16. Performance Security [This paragraph shall be deleted if Performance security is not applicable]

The successful bidder shall upon acceptance of its offer submit a Performance Security as per the format contained in the Schedule for an amount of [5% to10 %] of the contract price. [Public Body to insert percentage]

17. Preference Security

Not applicable

18. Notification of Award and Debriefing

The Public Body shall after award of contract, exceeding Rs 1 million, promptly inform all unsuccessful bidders in writing of the name and address of the successful bidder and the contract amount.

Furthermore, the Public Body shall attend to all requests for debriefing for contract exceeding Rs 1 million, made in writing within 30 days the unsuccessful bidders are informed of the award.

19. Integrity Clause

The Public Body commits itself to take all measures necessary to prevent corruption and ensures that none of its staff, personally or through his/her close relatives or through a third party, will in connection with the bid for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

20. Rights of Public Body

The [Public body] reserves the right:

(a) to split the contract as per the lowest evaluated cost per lot; and

(b) to accept or reject any bid or to cancel the bidding process and reject all bids at any time prior to contract award.

The Public body shall not be bound to accept the lowest or any quotation.

Section II: Bid Submission Form

Bidders are required to fill in the online Bid Submission Form as a Response Template which contains a copy of the Bid Securing Declaration as part of the template. This template is applicable for a procurement where the public body may either require a Bid Security or just a Bid Securing Declaration.

In case the public body has requested a Bid Security in the Instruction to Bidders, Bidders will be required to upload the scanned copy of their original Bid Security as a response template and to forward the original as a document to reach the public body before the deadline for the submission of bids.

Section III: Detailed Activity Schedule

Bidders shall fill in the prices for all items in the template provided on line.

Bidders shall fill in the response templates provided for the Activity Schedules as prepared by the public body in the system.

[Sample Template for Detailed Activity Schedule]

Detailed Activity Schedule for Works (Ver. 1.0)

|Serial No |Item Code/Item |Description |Unit |Quantity |Offer rate in MUR |Offer amount in MUR |

| |Reference No | | | |excluding VAT |excluding VAT |

|1 | | | | | | |

|2 | | | | | | |

|3 | | | | | | |

|4 | | | | | | |

|5 | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

Section IV: Statement of Requirements

Scope Of Works, Specifications And Performance Requirements

[To be completed by public body with drawings in annex.]

Section V: Specifications and compliance Sheet

Bidders shall fill in the data in response to their compliance and upload a copy online along with their bid:

|Item No |Item description |Evaluation |Compliance Response |Details of non-compliance , if |

| | |Criteria | |applicable |

| | | | | |

| | | | | |

| | | | | |

| | | | | |

| | | | | |

Section VI: Contract Agreement And General Conditions Of Contract

Any resulting contract shall be placed by means of a Purchase Order/Letter of Acceptance and shall be subject to the General Conditions of Contract (GCC),

(Ref: W/GCC10/........)[1]*, for the Procurement of Works (available on website ) except where modified by the Special Conditions below.

Section VII: Particular Conditions Of Contract

Procurement Reference Number: ______________________________

The clause numbers given in the first column correspond to the relevant clause number of the General Conditions of Contract. [This section is to be customised by the Public Body to suit the requirements of the specific procurement]

|GCC Clause Reference |Particular Conditions |

|Project Manager |The Project Manager is: |

|GCC 1.1(y) | |

|Site |The Site is located at _______________ and is defined in Drawings Nos: _______________ |

|GCC 1.1(aa) | |

|Start Date |The Start Date shall be: |

|GCC 1.1(dd) | |

|The Works |The Works consist of: |

|GCC 1.1(h) | |

|Language and Law |The language of the contract is English |

|GCC 3.1 |The law that applies to the Contract is the law of Mauritius. |

|Project Manager’s Decisions |The Project Manager shall obtain specific approval from the Employer before carrying out any of his duties |

|4.1 |under the Contract which in the Project Manager’s opinion will cause the amount finally due under the |

| |Contract to exceed the Contract Price or will give entitlement to extension of time. This requirement shall|

| |be waived in an emergency affecting safety of personnel or the Works or adjacent property. |

|Notices |Any notice shall be sent to the following addresses: |

|GCC 6 |For the Employer, the address shall be as given on the page 2 of this Bidding Document and the contact name|

| |shall be ________________________________ |

| |For the Contractor, the address shall be as given on the first page of the Purchase Order/Letter of |

| |Acceptance and the contact name shall be ________________________________ |

|Insurance |Except for the cover mentioned in (d)(i) hereunder, the other insurance covers shall be in the joint names |

|GCC 13.1 |of the Contractor and the Employer and the minimum insurance amounts shall be: |

| | |

| |(a) for the Works, Plant and Materials: (for the full amount of the works including removal of debris, |

| |professional fee etc...) |

| | |

| |(b) for loss or damage to Equipment: (for the replacement value of the equipment that the contractor |

| |intends to use on site until the taking over by the Employer. |

| | |

| |(c) for loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with |

| |Contract for an amount representing the value of the properties that are exposed to the action of the |

| |contractor in the execution of the works. It will extend to the property of the Procuring Entity as well). |

| | |

| |(d) for personal injury or death: |

| | |

| |of the Contractor’s employees:[The Contractor shall take an adequate insurance cover for its employees for|

| |any claim arising in the execution of the works]. |

| |of other people: [This cover shall be for an adequate amount for Third Party extended to the Employer and |

| |its representatives]. |

| | |

| |(e) for loss or damage to materials on-site and for which payment have been included in the Interim Payment|

| |Certificate, where applicable. |

| | |

| |The Contractor shall choose to take the insurance covers indicated above as separate covers or a |

| |combination of the Contractor’s All Risks coupled with the Employer’s liability and First Loss Burglary, |

| |after approval of the Employer. All insurance covers shall be of nil or the minimum possible deductibles at|

| |sole expense of the contractor. |

|Intended Completion Date |The Intended Completion Date for the whole of the Works shall be: |

|GCC 16.1 | |

|Possession of the Site |The Site Possession Date shall be: |

|GCC 20.1 | |

|Procedure for Disputes |No Adjudicator shall be appointed under the contract and arbitration shall not apply. If any dispute arises|

|GCC 24 |between the Employer and the Contractor in connection with or arising out of the Contract, the parties |

| |shall seek to resolve any such dispute by amicable agreement. If the parties fail to resolve such dispute |

| |by amicable agreement, within 14 days after one party has notified the other in writing of the dispute, |

| |then the dispute shall be referred to court by either party. |

|Program |The Contractor shall submit for approval a Program for the Works within........ days from the date of the |

|GCC 25.1 |Letter of Acceptance or issue of Purchase Order Agreement. |

|GCC 25.3 |Program updates [insert shall or shall not] be required.. |

|Defects Liability Period |The Defects Liability Period is: [insert number] days. |

|GCC 33.1 |[The Defects Liability Period is usually limited to 12 months, but could be less in very simple cases] |

|GCC 34.1 |Delete sub-clause 34.1 and replace by the following: |

| |Should any defect arise during the contractual period and up to the end of the Defects Liability Period and|

| |the Contractor fails to correct the Defect within the time specified in the Project Manager’s notice, this |

| |shall constitute a breach of the Contractor’s obligations under the contract. The Project Manager shall |

| |assess the cost of having the defect corrected and recover the money from monies due to the contractor or |

| |from the Performance Security. |

|Payment Certificates |[Public Body shall choose |

|GCC 39.7 |either: |

| |“A single statement of the estimated value of the work executed shall be submitted on completion of the |

| |Works. The Project Manager shall check the statement and certify the amount to be paid to the Contractor”. |

| | |

| |Or: |

| |“Payment shall be made as per progress of works with/without * payment for materials on site”. |

| |*delete as appropriate] |

|Payments |The amount certified by the Project Manager shall be paid in full within 28 days of receipt by the Employer|

|GCC 40 |of an invoice, supported by: |

| |the payment certificate; and |

| |(b) a certificate of Completion of the Works. |

|Adverse weather Conditions |[ Public Body to define adverse weather conditions] |

|GCC 41.1 (l) | |

|Price Adjustment |The Contract is not subject to price adjustment. |

|GCC 44. | |

|Retention |GCC Clause 45 is not applicable. |

|GCC 45. | |

|Liquidated Damages |The liquidated damages for the whole of the Works are [insert rate] per day. |

|GCC 46.1 | |

| |The maximum amount of liquidated damages for the whole of the Works is [amount based on a maximum number of|

| |days]. |

| | |

| |[Usually liquidated damages are set between 0.05 per cent and 0.10 per cent per day, and the total amount |

| |is not to exceed between 5 per cent and 10 per cent of the Contract Price. Alternatively, the daily rate |

| |could reflect the actual prejudice that the procuring entity may claim to suffer as direct cost, where |

| |applicable or a nominal value taking into consideration the size of the building, nature of construction |

| |and the incidence due to non-availability of the building as from the intended completion date. If |

| |Sectional Completion and Damages per Section have been agreed, the latter should be specified here.] |

|Advance Payment |(i) No advance payment shall be made* or |

|GCC 48.1 |(ii) An amount representing [10-20% of the contract price] shall be released against a Bank Guarantee for |

| |mobilisation of plant and equipment.* |

| |* Delete as appropriate |

|Performance Security |No Performance Security is required*or |

|GCC 49.1 |A Performance Security in the form of a Bank Guarantee representing [insert percentage] of the final |

| |contract price shall be required.* |

| |* Delete as appropriate |

|GCC 56.1 |“As built” drawings or operating and maintenance manuals [insert are or are not] required. |

|GCC 59.1 |The percentage to apply to the value of the work not completed, representing the Employer’s additional cost|

| |for completing the Works, is: [insert percentage] |

Schedules

[This form is to be deleted if Performance Security is not applicable.]

Schedule 1: Performance Security (Bank/INSURANCE Guarantee)

..............................................Bank/Insurance Company’s Name and Address of Issuing Branch or Office..........................................

Beneficiary: ............................................Name and Address of Public Body ................................................

Date:....................................................................................................................................

PERFORMANCE GUARANTEE No.:..................................................................................

We have been informed that ..................................name of the Contractor............................ (hereinafter called "the Contractor") has entered into Contract No.............reference number of the Contract............ dated........ with you, for the execution of ...................................... name of Contract and brief description of Works ....................(hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance security is required.

At the request of the Contractor, we ................................. name of Bank/Insurance company ..................hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of .......... amount in figures (amount in words)........................................... such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire not later than twenty-eight days from the date of issuance of the Certificate of Completion/Acceptance Certificate, calculated based on a copy of such Certificate which shall be provided to us, or on the................................day of .................................., .................., whichever occurs first. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

...................................................Bank/Insurance company’s seal and authorized signature(s) .......................................

Schedule 2: Bank/Insurance company Guarantee For Advance Payment

The Bank/Insurance company providing the Guarantee shall fill in this form in accordance with the instructions indicated in brackets, if an Advance Payment is to be provided under the Contract

[insert Bank’s name, and address of issuing branch or office]

Beneficiary: [insert name and address of Public Body]

Date: [insert date]

ADVANCE PAYMENT GUARANTEE No.: [insert number]

We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has entered into Contract No. [insert reference number of the contract] dated [insert date] with you, for the execution of [insert name of contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment is to be made against an advance payment guarantee in the sum or sums indicated below.

At the request of the Contractor, we [insert name of Bank/Insurance company] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in words and in figures] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the Advance Payment for purposes other than the costs of mobilization in respect of the Works.

It is a condition for any claim and payment under this Guarantee to be made that the Advance Payment referred to above must have been received by the Contractor on its account number [insert account number] at [insert name and address of Bank].

The maximum amount of this Guarantee shall be progressively reduced by the amount of the Advance Payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This Guarantee shall expire, at the latest, upon our receipt of a copy of the Interim Payment Certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the [insert number] day of [insert month], [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.

_____________________

[insert signature(s) of authorized representative(s) of Bank/Insurance company]

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[1] * Public Body to insert complete reference of the document applicable as at this date by consulting PPO’s website.

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