Section I.

Instructions to Bidders
Table of Clauses
Contents
Table of Clauses ...................................................................................................................................... 1
1.

Scope of Bid.......................................................................................................................................... 3

2.

Source of Funds .................................................................................................................................... 3

3.

Fraud and Corruption ............................................................................................................................ 4

4.

Eligible Bidders ...................................................................................................................................... 6

5.

Eligible Goods and Related Services .................................................................................................... 8

6.

Sections of Bidding Document ............................................................................................................. 9

7.

Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ......................................................... 9

8.

Amendment of Bidding Document ..................................................................................................... 10

9.

Cost of Bidding ................................................................................................................................... 11

10.

Language of Bid .............................................................................................................................. 11

11.

Documents Comprising the Bid ...................................................................................................... 11

12.

Letter of Bid and Price Schedules ................................................................................................... 12

13.

Alternative Bids .............................................................................................................................. 12

14.

Bid Prices and Discounts ................................................................................................................ 13

15.

Currencies of Bid and Payment ...................................................................................................... 16

16.

Documents Establishing the Qualifications of the Bidder .............................................................. 16

17.

Documents Establishing the Eligibility of Plant and Installation Services ..................................... 16

18.

Period of Validity of Bids ............................................................................................................... 16

19.

Bid Security .................................................................................................................................... 17

20.

Format and Signing of Bid .............................................................................................................. 18

21.

Submission, Sealing and Marking of Bids ...................................................................................... 19

22.

Deadline for Submission of Bids .................................................................................................... 20

23.

Late Bids ......................................................................................................................................... 20

1

24.

Withdrawal, Substitution, and Modification of Bids ...................................................................... 20

25.

Bid Opening .................................................................................................................................... 20

26.

Confidentiality ................................................................................................................................ 21

27.

Clarification of Bids ........................................................................................................................ 22

28.

Determination of Responsiveness ................................................................................................... 22

29.

Correction of Arithmetical Errors ................................................................................................... 23

30.

Conversion to Single Currency ....................................................................................................... 23

31.

Bid Adjustments.............................................................................................................................. 23

32.

Qualification of the Bidder ............................................................................................................. 24

33.

Comparison of Bids ........................................................................................................................ 25

34.

Employer s Right to Accept Any Bid, and to Reject Any or All Bids .......................................... 25

35.

Award Criteria ................................................................................................................................ 25

36.

Notification of Award ..................................................................................................................... 25

37.

Signing of Contract ......................................................................................................................... 26

38.

Performance Security ...................................................................................................................... 26

Section I. Instructions to Bidders

A.General
1. Scope of Bid

2. Source of
Funds

1.1 The Employer indicated in Section II, Bid Data Sheet (BDS)
issues this Bidding Document for the procurement of Plant and
Installation Services, as specified in Section VI, Requirements.
The name, identification, and number of lots are provided in the
BDS.
1.2 Unless otherwise stated, throughout this Bidding Document
definitions and interpretations shall be as prescribed in Section
VII, General Conditions.
2.1 The Borrower or Recipient (hereinafter called Borrower)
indicated in the BDS has applied for or received financing
(hereinafter called funds) from the African Development
Bank1 (hereinafter called the Bank) toward the cost of the
project named in the BDS. The Borrower intends to apply a
portion of the funds to eligible payments under the contract(s) for
which this Bidding Document is issued.
2.2 Payments 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 financing agreement between the
Borrower and the Bank (hereinafter called the Financing
Agreement), and will be subject in all respects to the terms and
conditions of that Financing Agreement. No party other than the
Borrower shall derive any rights from the Financing Agreement
or have any claim to the funds.

The specific financing institution shall be as stipulated in the BDS.

3. Fraud and
Corruption

3.1

It is the Banks policy to require that Borrowers (including

beneficiaries of Bank Financing), as well as Bidders,
Suppliers, and contractors, and their agents (whether declared
or not), subcontractors, sub-consultants, service providers or
suppliers, and any personnel thereof, under Bank-financed
contracts, observe the highest standard of ethics during the
procurement and execution of such contracts2. In pursuance of
this policy, 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 party3;
(ii)

fraudulent practice is any act or omission,

including a 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 parties4, designed to achieve an improper
purpose, including to influence improperly the actions
of another party; and
(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 party5;
(v) Obstructive practice is
(v.1) 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
2

In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
3
For the purpose of this sub-paragraph, another party refers to a public official acting in relation to the
procurement process or contract execution. In this context, public official includes Bank staff and employees of
other organizations taking or reviewing procurement decisions.
4
For the purpose of this sub-paragraph, parties refers to participants in the procurement process (including
public officials) attempting either themselves, or through another person or entity not participating in the
procurement or selection process, to simulate competition or to establish bid prices at artificial, non-competitive
levels, or are privy to each others bid prices or other conditions.
5
For the purpose of this sub-paragraph, party refers to a participant in the procurement process or contract
execution.

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
(v.2) acts intended to materially impede the exercise of
the Banks inspection and audit rights provided for under
paragraph 3.1(e) below.

(b)

will reject a proposal for award if it determines that the

Bidder recommended for award, or 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)

will declare misprocurement and cancel the portion of the

Financing allocated to a contract if it determines at any
time that representatives of the Borrower or of a recipient
of any part of the proceeds of such Financing engaged in
corrupt, fraudulent, collusive, coercive or obstructive
practices during the procurement or the implementation of
that contract, 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) will sanction a firm or individual, at any time, in accordance

with the prevailing Banks sanctions procedures6
including by publicly declaring such firm or individual
ineligible to bid for, or to be awarded Bank-financed
contracts either indefinitely or for a stated period of time,
(i) to be awarded a Bank-financed contract; (ii) to be a
nominated7 sub-contractor, consultant, supplier, or service

A firm or an individual may be declared ineligible to be awarded a Bank financed contract: (i) upon completion of
the Banks sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment as agreed
with other International Financial Institutions, including Multilateral Development Banks, or otherwise decided by
the Bank; and through the application of the Proposal for the Implementation of a Sanctions Process within the
African Development Bank Group; and (ii) as a result of temporary suspension or early temporary suspension in
connection with an on-going sanction proceeding. See footnote 18 and paragraph 9 of Appendix 1 of the Rules and
Procedures for Procurement of Goods and Works.
7

A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are used
depending on the particular bidding documents) is one which has either been: (i) included by the bidder in its pre-

provider of an otherwise eligible firm being awarded a

Bank-financed contract; and
(e) will require that a clause be included in Bidding Documents
and in contracts financed by the Bank, requiring bidders,
suppliers and contractors and their sub-contractors, agents,
personnel, consultants, service providers, or suppliers to
permit the Bank to inspect their accounts and records and
other documents relating to the submission of bids and
contract performance and to have them audited by auditors
appointed by the Bank.
3.2
4. Eligible

Bidders

Furthermore, Bidders shall be aware of the provisions stated

in Section VII, General Conditions.

4.1 A Bidder may be a natural person, private entity, governmentowned entitysubject to ITB 4.5or any combination of such
entities supported by a letter of intent to enter into an agreement
or under an existing agreement in the form of a joint venture,
consortium, or association (JVCA). In the case of a joint venture,
consortium, or association:
a) unless otherwise specified in the BDS, all partners shall be
jointly and severally liable, and
b) the JVCA shall nominate a Representative who shall have
the authority to conduct all businesses for and on behalf of
any and all the partners of the JVCA during the bidding
process and, in the event the JVCA is awarded the
Contract, during contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with the Banks
Rules and Procedures for Procurement of Goods and Works,
and as listed in Section V, Eligible Countries.8 A Bidder shall be
deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered and operates
in conformity with the provisions of the laws of that country.
This criterion shall also apply to the determination of the
nationality of proposed subcontractors or suppliers for any part
of the Contract including Related Services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have in conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
parties in this bidding process, if:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy

qualification application or bid because it brings specific and critical experience and know-how that allow the
bidder to meet the qualification requirement for the particular bid; or (ii) appointed by the Borrower.
8
Including eligibility criteria for participation in the supply of goods, works and related services.

from any of them; or

(c) they have the same legal representative for purposes of this
bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the bid of another
Bidder, or influence the decisions of the Employer regarding
this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which it is
involved. However, this does not limit the inclusion of the
same subcontractor, not otherwise participating as a Bidder,
in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of
Section VI, Requirements that are the subject of the bid; or
(g) a Bidder or any of its affiliates has been hired, or is
proposed to be hired, by the Employer or the Borrower for
the supervision of the contract.
4.4 A Bidder that is under a declaration of ineligibility by the Bank
in accordance with ITB Clause 3, at the date of the deadline for
bid submission or thereafter, shall be disqualified.
4.5 Government-owned entities in the Borrowers country shall be
eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under the principles of
commercial law, and (iii) are not dependent agencies of the
Employer or the Borrower.
4.6 Bidders shall not be under execution of a BidSecuring
Declaration in the Employers Country.
4.7 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.
4.8 Firms from an eligible country shall be excluded if:
(a)
as a matter of law or official regulation, the Borrowers
country prohibits commercial relations with that country;
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 Borrowers country
prohibits any import of Goods from that country or any
payments to persons or entities in that country.
4.9 In case a prequalification process has been conducted prior to
the bidding process, this bidding is open only to prequalified
Bidders.
4.10 A firm sanctioned by the Bank in accordance with the above ITB
Clause 3.1 (d), or in accordance with the Banks policies on anti7

5. Eligible

Goods and
Related
Services

corruption and fraud and Banks sanctions procedures9, shall be

ineligible to be awarded a Bank-financed contract, or to benefit
from a Bank-financed contract, financially or in any other manner,
during the period of time determined by the Bank.
5.1 All goods and related services to be supplied under the Contract
and financed by the Bank, shall have as their country of origin an
eligible country of the Bank in accordance with the Banks Rules
and Procedures for Procurement of Goods and Works, and as
listed in Section V, Eligible Countries.

5.2 For purposes of this Clause, the term Goods includes

commodities, raw material, machinery, equipment, and industrial
plants; and Related Services includes services such as
insurance, transportation, installation, commissioning, training,
and initial maintenance.
5.3 The term country of 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 imported
components.
5.4 The nationality of the firm that produces, assembles, distributes,
or sells the Goods shall not determine their origin.

B. Contents of Bidding Document

See the Proposal for the Implementation of a Sanctions Process within the African Development Bank Group and
the Banks Whistleblowing and Complaints Handling Policy. The Banks sanctions procedures are publicly
disclosed on the Banks external website.

6. Sections of
Bidding
Document

6.1 The Bidding Document consists of Parts 1, 2, and 3, which

include all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures

Section I. Instructions to Bidders (ITB)

Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries

PART 2 Employers Requirements

Section VI. Requirements

PART 3 Conditions of Contract and Contract Forms

6.2
6.3

6.4

7. Clarification
of Bidding
Document,
Site Visit,
Pre-Bid
Meeting

7.1

7.2

Section VII. General Conditions (GC)

Section VIII. Particular Conditions (PC)
Section IX. Contract Forms
The Invitation for Bids issued by the Employer is not part of the
Bidding Document.
The Bidder shall obtain the Bidding Document from the source
stated by the Employer in the Invitation for Bids; otherwise the
Employer is not responsible for the completeness of the Bidding
Document.
The Bidder is expected to examine all instructions, forms, terms,
and specifications in the Bidding Document. Failure to furnish
all information or documentation required by the Bidding
Document may result in the rejection of the bid.
A prospective Bidder requiring any clarification of the Bidding
Document shall contact the Employer in writing at the
Employers address indicated in the BDS or raise his enquiries
during the pre-bid meeting if provided for in accordance with
ITB 7.4. The Employer will respond to any request for
clarification, provided that such request is received prior to the
deadline for submission of bids, within the number of days
specified in the BDS. The Employers response shall be in
writing with copies to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description of
the inquiry but without identifying its source. Should the
Employer deem it necessary to amend the Bidding Document as
a result of a request for clarification, it shall do so following the
procedure under ITB 8 and ITB 22.2.
Where applicable, the Bidder is advised to visit and examine the
project site and obtain for itself on its own responsibility all
information that may be necessary for preparing the bid and
entering into a contract for the provision of the Requirements.
9

7.3

7.4

7.5

7.6

7.7
8. Amendment
of Bidding
Document

8.1

8.2

8.3

The costs of visiting the site shall be at the Bidders own

expense.
Pursuant to ITB 7.2, where the Bidder and any of its personnel or
agents have been granted permission by the Employer to enter
upon its premises and lands for the purpose of such visit, the
Bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all
liability in respect thereof, and will be responsible for death or
personal injury, loss of or damage to property, and any other
loss, damage, costs, and expenses incurred as a result of the visit.
The Bidders designated representative is invited to attend a prebid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage. If so provided for in the
BDS, the Employer will organize a site visit.
The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Employer not later than one
week before the meeting.
Minutes of the pre-bid meeting, including the text of the
questions raised without identifying the source, and the responses
given, together with any responses prepared after the meeting,
will be transmitted promptly to all Bidders who have acquired
the Bidding Document in accordance with ITB 6.3. Any
modification to the Bidding Document 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 ITB 8 and not through the minutes of the pre-bid
meeting.
Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
At any time prior to the deadline for submission of bids, the
Employer may amend the Bidding Document by issuing
addenda.
Any addendum issued shall be part of the Bidding Document and
shall be communicated in writing to all who have obtained the
Bidding Document from the Employer in accordance with ITB
6.3.
To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer
may, at its discretion, extend the deadline for the submission of
bids, pursuant to ITB 22.2

C. Preparation of Bids

10

9. Cost of
Bidding
10. Language of
Bid

11. Documents
Comprising
the Bid

9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall not be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10.1 The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an
accurate translation of the relevant passages in that language, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
11.1 The Bid shall comprise the following:
a) Letter of Bid;
b) Completed Schedules as provided in Section IV,
Bidding Forms;
c) Bid Security or Bid -Securing Declaration, in
accordance with ITB 19;
d) at the Bidders option, alternative proposals, if
permissible, in accordance with ITB 13;

11

e) written confirmation authorizing the signatory of the Bid

to commit the Bidder, in accordance with ITB 20.2;
f) documentary evidence establishing the eligibility of the
Goods and Related Services offered by the Bidder, in
accordance with ITB 17.1;
g) documentary evidence establishing the Bidders
qualifications in accordance with the requirements of
Section III, Evaluation and Qualification Criteria, using
the relevant forms furnished in Section IV, Bidding
Forms;
h) documentary evidence as specified in the BDS,
establishing the conformity of the Plant and Installation
Services offered by the Bidder with the Bidding
Document, using the relevant forms furnished in Section
IV, Bidding Forms;
i) in the case of a bid submitted by a JVCA, JVCA
agreement, or letter of intent to enter into a JVCA
including a draft agreement, indicating at least the parts
of the Requirements to be executed by the respective
partners;
j) any other document required in the BDS.

12. Letter of Bid

and Price
Schedules

12.1 The Bidder shall submit the Letter of Bid using the form
furnished in Section IV, Bidding Forms. This form must be
completed without any alterations to its format, and no
substitutes shall be accepted. All blank spaces shall be filled in
with the information requested.

13. Alternative
Bids

13.1 Unless otherwise indicated in the BDS, alternative proposals

shall not be considered. If alternative proposals are permitted,
their method of evaluation shall be as stipulated in Section III,
Evaluation and Qualification Criteria.
13.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS, and the
method of evaluating different times for completion will be
described in Section III, Evaluation and Qualification Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to
offer technical alternatives to the requirements of the bidding
document must first price the Employers requirements as
12

13.4

14. Bid Prices

and
Discounts

14.1

14.2
14.3

14.4

described in the bidding document and shall further provide all

information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices, and
proposed construction methodology and other relevant details.
Only the technical alternatives, if any, of the lowest evaluated
Bidder conforming to the basic technical requirements shall be
considered by the Employer.
When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the
requirements, and such parts shall be identified in the BDS, as
will the method for their evaluation, and described in Section VI,
Requirements.
The prices and discounts quoted by the Bidder in the Letter of
Bid and in the Price Schedules shall conform to the requirements
specified in ITB 14.2.
Unless otherwise provided in the BDS and the General
Conditions (GC), the prices quoted by the Bidder shall be fixed.
Unless otherwise specified in the BDS, bidders shall quote for
the entire Plant and Installation Services on a single
responsibility basis such that the total bid price covers all the
Contractors obligations mentioned in or to be reasonably
inferred from the bidding document in respect of the design,
manufacture, including procurement and subcontracting (if any),
delivery, construction, installation and completion of the plant.
This includes all requirements under the Contractors
responsibilities
for
testing,
pre-commissioning
and
commissioning of the plant and, where so required by the
bidding document, the acquisition of all permits, approvals and
licenses, etc.; the operation, maintenance and training services
and such other items and services as may be specified in the
Bidding Document, all in accordance with the requirements of
the General Conditions. Items against which no price is entered
by the Bidder will not be paid for by the Employer when
executed and shall be deemed to be covered by the prices for
other items.
Depending on the scope of the Contract, the Price Schedules may
comprise up to the six (6) schedules listed below. Separate
numbered Schedules included in Section IV, Bidding Forms,
from those numbered 1-4 below, shall be used for each of the
elements of the Plant and Installation Services. The total amount
from each Schedule corresponding to an element of the Plant and
Installation Services shall be summarized in the schedule titled
Grand Summary, (Schedule 5), giving the total bid price(s) to be
entered in the Letter of Bid.
Schedule No. 1 Plant (including Mandatory Spare Parts)
13

Supplied from Abroad

Schedule No. 2 Plant (including Mandatory Spare Parts)
Supplied from within the Employers Country
Schedule No. 3 Design Services
Schedule No. 4 Installation Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6 Recommended Spare Parts
Bidders shall note that the plant and equipment included in
Schedule Nos. 1 and 2 above exclude materials used for civil,
building and other construction works. All such materials shall
be included and priced under Schedule No. 4, Installation
Services.
14.5 In the Schedules, bidders shall give the required details and a
breakdown of their prices as follows:
(a) Plant to be supplied from abroad (Schedule No. 1):
The price of the plant shall be quoted on CIP-named place
of destination basis as specified in the BDS
(b)

Plant manufactured within the Employers country

(Schedule No. 2):
(i) The price of the plant shall be quoted as per the EXW
Incoterms specified in the BDS,
(ii) Sales tax and all other taxes payable in the
Purchasers country on the plant if the contract is
awarded to the Bidder, and
(iii) The total price for the item.

(c)

Design Services (Schedule No. 3).

(d)

Installation Services shall be quoted separately (Schedule

No. 4) and shall include rates or prices for local
transportation to named place of destination as specified in
the BDS, insurance and other services incidental to
delivery of the plant, all labor, contractors equipment,
temporary works, materials, consumables and all matters
and things of whatsoever nature, including operations and
maintenance services, the provision of operations and
maintenance manuals, training, etc., where identified in
the Bidding Document, as necessary for the proper
14

execution of the installation and other services, including

all taxes, duties, levies and charges payable in the
Employers country as of twenty-eight (28) days prior to
the deadline for submission of bids. [Note: When the
named place of destination is the project site, the
transportation costs for Schedule No. 1 items are covered
under CIP and therefore will not be stated here. This
schedule will cover only for items in Schedule No. 2. If
the named place of destination is different from the site of
installation (project site), then the transport cost from the
named place of destination to project site for Schedule No.
1 shall be also included here.]
(e)

Recommended spare parts shall be quoted separately

(Schedule 6) as specified in either subparagraph (a) or (b)
above in accordance with the origin of the spare parts.

14.6 The current edition of Incoterms, published by the International

Chamber of Commerce shall govern.
14.7 In the case of Fixed Price, prices quoted by the Bidder shall be
fixed during the Bidders performance of the contract and not
subject to variation on any account. A bid submitted with an
adjustable price quotation will be treated as non-responsive and
rejected.
14.8 In the case of Adjustable Price, prices quoted by the Bidder
shall be subject to adjustment during performance of the contract
to reflect changes in the cost elements such as labor, material,
transport and contractors equipment in accordance with the
procedures specified in the corresponding Appendix to the
Contract Agreement. A bid submitted with a fixed price
quotation will not be rejected, but the price adjustment will be
treated as zero. Bidders are required to indicate the source of
labor and material indices in the corresponding Form in Section
IV, Bidding Forms.
14.9 If so indicated in ITB 1.1, bids are being invited for individual
lots (contracts) or for any combination of lots (packages).
Bidders wishing to offer any price reduction (discount) for the
award of more than one Contract shall specify in their Letter of
Bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package, and the
manner in which the price reductions will apply.
14.10 Bidders wishing to offer any unconditional discount shall
specify in their Letter of Bid the offered discounts and the
manner in which price discounts will apply.

15

15. Currencies
of Bid and
Payment
16. Documents
Establishing
the
Qualification
s of the
Bidder

17. Documents
Establishing
the
Eligibility of
Plant and
Installation
Services
18. Period of
Validity of
Bids

15.1 The currency(ies) of the bid and the currency(ies) for payment
shall be as specified in the BDS.
16.1 To establish its qualifications to perform the Contract the Bidder
shall provide the information requested in Section IV, Bidding
Forms.

16.2 If so required in the BDS, a Bidder shall submit the

Manufacturers Authorization, using the form included in
Section IV, Bidding Forms where the Bidder does not
manufacture or produce the Goods it offers to supply.
16.3 If so required in the BDS, a Bidder shall submit evidence that it
will be represented by an Agent in the country, equipped and
able to carry out the Contractors maintenance, repair and spare
parts-stocking obligations prescribed in the Conditions of
Contract and Requirements, where a Bidder does not conduct
business within the Employers Country.
17.1 To establish the eligibility of the Plant and Installation Services
in accordance with ITB Clause 5, Bidders shall complete the
forms included in Section IV, Bidding Forms.

18.1 Bids shall remain valid for the period specified in the BDS after
the bid submission deadline date prescribed by the Employer,
pursuant to ITB 22. A bid valid for a shorter period shall be
rejected by the Employer as non-responsive.
18.2 In exceptional circumstances, prior to the expiration of the bid
validity period, the Employer 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, the Bidder granting the request shall
also extend the bid security for twenty-eight (28) days beyond
the deadline of the extended validity 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 In the case of fixed price contracts, if the award is delayed by a
period exceeding fifty-six (56) days beyond the expiry of the
initial bid validity, the Contract price shall be adjusted as
specified in the request for extension. Bid evaluation shall be
16

19. Bid Security

based on the Bid Price without taking into consideration the

above correction.
19.1 The Bidder shall furnish as part of its bid, at the option of the
Employer, and as stipulated in the BDS, the original of either a
Bid-Securing Declaration or a bid security using the relevant
form included in Section IV, Bidding Forms. In the case of a bid
security, the bid security amount and currency shall be as
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 Bidders option:
(a) an unconditional guarantee issued by a bank or surety;
(b) an irrevocable letter of credit; or
(c) a cashiers or certified check;
from a reputable source from an eligible country. If the
unconditional guarantee is issued by an insurance company or a
bonding company located outside the Employers Country, the
issuer shall have a correspondent financial institution located in
the Employers Country to make it enforceable. 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 Employer
prior to bid submission. In either case, the form must include the
complete name of the Bidder. The bid security shall be valid for
twenty-eight days (28) beyond the original validity period of the
bid, or beyond any period of extension if requested under ITB
18.2.
19.4 Pursuant to the option stipulated at ITB 19.1, any bid not
accompanied by a substantially responsive bid security or BidSecuring Declaration shall be rejected by the Employer as nonresponsive.
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 Bidders furnishing of the
performance security pursuant to ITB 38.
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 or the Bid-Securing
Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder in the Letter of Bid or
(b)

if the successful Bidder fails to:

17

(i)
(ii)

20. Format and

Signing of
Bid

sign the Contract in accordance with ITB 37; or

furnish a performance security in accordance with
ITB 38.
19.8 The Bid Security or the Bid Securing Declaration of a JVCA
shall be in the name of the JVCA that submits the bid. If the
JVCA has not been legally constituted into a legally enforceable
JVCA at the time of bidding, the Bid Security or the Bid
Securing Declaration shall be in the names of all future partners
as named in the letter of intent referred to in ITB 4.1.
19.9 If a Bid-Securing Declaration is executed in accordance with ITB
19.7, the Employer will declare the Bidder ineligible to be
awarded a contract by the Employer for the period of time stated
in the Form of Bid-Securing Declaration.
20.1 The Bidder shall prepare one original of the documents
comprising the bid as described in ITB 11 and clearly mark it
ORIGINAL. 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 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 have been made
shall be signed or initialed by the person signing the bid.
20.3 A bid submitted by a JVCA shall comply with the following
requirements:
(a) Unless not required in accordance with ITB 4.1 (a), be signed so as
to be legally binding on all partners and
(b) Include the Representatives authorization referred to in ITB 4.1
(b), consisting of a power of attorney signed by those legally
authorized to sign on behalf of the JVCA.
20.4 Any amendments, interlineations, 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

18

21. Submission,
Sealing and
Marking of
Bids

21.1 Bidders may always submit their bids by mail or by hand. If so

specified in the BDS, bidders shall have the option of submitting
their bids electronically. Procedures for submission, sealing and
marking are as follows:
(a) Bidders submitting bids by mail or by hand shall enclose the
original and copies of the Bid in separate sealed envelopes. If
so permitted in accordance with ITB 13 alternative proposals,
and copies thereof, shall also be placed in separate envelopes.
The envelopes shall be duly marked as ORIGINAL,
ALTERNATIVE,
ORIGINAL
COPY,
and
ALTERNATIVE COPY These envelopes shall then be
enclosed in one single package. The rest of the procedure
shall be in accordance with ITB 21.2 and 21.3.
(b) Bidders submitting bids electronically shall follow the
electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
22.1;
(c) bear the specific identification of this bidding process
pursuant to ITB 1.1; and
(d) bear a warning not to open before the time and date for bid
opening
21.3 If envelopes and packages are not sealed and marked as required,
the Employer will assume no responsibility for the misplacement
or premature opening of the bid.

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22. Deadline for

Submission
of Bids

23. Late Bids

24. Withdrawal,
Substitution,
and
Modification
of Bids

25. Bid Opening

22.1 Bids must be received by the Employer at the address and no

later than the date and time indicated in the BDS.
22.2 The Employer 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 Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
23.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 22. Any
bid received by the Employer after the deadline for submission
of bids shall be declared late, rejected, and returned unopened to
the Bidder.
24.1 A Bidder may withdraw, substitute, or modify its bid after it has
been submitted by sending a written notice, duly signed by an
authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.2, (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
ITB 21 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly
marked
Withdrawal,
Substitution,
Modification; and
(b)
received by the Employer 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.
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.
25.1 The Employer shall conduct the bid opening in public, in the
presence of Bidders` designated representatives and anyone who
choose to attend, and at the address, date and time specified in
the BDS. Any specific electronic bid opening procedures
required if electronic bidding is permitted in accordance with
ITB 21.1, 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. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at
bid opening. Next, envelopes marked Substitution shall be
opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but
20

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. Envelopes marked Modification shall be opened and
read out with the corresponding bid. No bid modification shall be
permitted unless the corresponding modification notice contains
a valid authorization to request the modification and is read out
at bid opening. Only bids that are opened and read out at bid
opening shall be considered further.
25.3 The Employer shall open all other envelopes one at a time and
read out: the name of the Bidder, the Bid Price(s), any discounts
and their application methodology, alternative bids, the presence
or absence of a bid security or Bid-Securing Declaration; and any
other details as the Employer may consider appropriate. Only
discounts and alternative bids read out at bid opening shall be
considered for evaluation. No bid shall be rejected at bid opening
except for late bids, in accordance with ITB 23.1.
25.4 The Employer shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, substitution, or modification; the Bid Price, per
lot if applicable, including any discounts and alternative
proposals; and the presence or absence of a bid security or a BidSecuring Declaration. The Bidders representatives who are
present shall be requested to sign the record. The omission of a
Bidders 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 who submitted bids in time, and posted online
when electronic bidding is permitted.

E. Examination of Bids
26. Confidentiali 26.1 Information relating to the evaluation of bids shall not be
disclosed to Bidders or any other persons not officially
ty
concerned with such process until information on Contract award
is communicated to all Bidders.
26.2 Any attempt by a Bidder to influence improperly the Employer
in the evaluation of the bids or Contract award decisions may
result in the rejection of its bid.
26.3 Notwithstanding ITB 26.1, 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 bidding process, it should
do so in writing.

21

27.1 To assist in the examination, evaluation, and comparison of the

bids and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid, allowing a
reasonable time for response. Any clarification submitted by a
Bidder that is not in response to a request by the Employer shall
not be considered. The Employers request for clarification and
the response shall be in writing. No change 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
Employer in the evaluation of the bids, in accordance with ITB
29.
27.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Employers request for clarification, its bid
may be rejected.
28. Determinatio 28.1 The Employers determination of a bids responsiveness is to be
based on the contents of the bid itself, as defined in ITB 11.
n of
Responsiven
ess
28.2 A substantially responsive bid is one that meets the requirements
of the Bidding Document without material deviation, reservation,
or omission.
(a) Deviation is a departure from the requirements specified in
the Bidding Document;
27. Clarification
of Bids

(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.
28.3 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 Requirements as specified in Section VI;
or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employers rights or the Bidders obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
28.4 The Employer shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section VI have
22

28.5

28.6

28.7

28.8

been met without any material deviation, reservation, or

omission.
If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the
material deviation, reservation, or omission.
Provided that a bid is substantially responsive, the Employer may
waive any quantifiable nonconformities in the bid that do not
constitute a material deviation, reservation or omission.
Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.
Provided that a bid is substantially responsive, the Employer
shall rectify quantifiable nonmaterial nonconformities related to
the Bid Price. To this effect, the Bid Price shall be adjusted, for
comparison purposes only, to reflect the price of the nonconforming item or component. The adjustment shall be made
using the methodology indicated in Section III, Evaluation and
Qualification Criteria.

F. Bid Evaluation and Comparison

29. Correction
of
Arithmetical
Errors

30. Conversion
to Single
Currency
31. Bid
Adjustments

29.1 The Employer shall use the criteria and methodologies indicated
in Section III, Evaluation and Qualification Criteria. No other
evaluation criteria or methodologies shall be permitted.
29.2 Provided that the bid is substantially responsive, the Employer
shall correct arithmetical errors as indicated in Section III,
Evaluation and Qualification Criteria.
29.3 If a Bidder does not accept the correction of errors, its bid shall
be declared non-responsive and its Bid Security shall be forfeited
or the Bid Securing Declaration executed.
30.1 For evaluation and comparison purposes, the currency (ies) of
the bid shall be converted into a single currency as specified in
Section III, Evaluation and Qualification Criteria.
31.1 For the evaluation and comparison purposes the Employer shall
adjust the bid prices using the criteria and methodology specified
in Section III, Evaluation and Qualification Criteria.
31.2 Unless otherwise specified in the BDS, no margin of domestic or
regional preference shall apply. If a margin of preference applies,
the application methodology shall be as specified in Section III,
23

31.3

32. Qualification
of the Bidder

32.1

32.2

32.3

32.4

Evaluation and Qualification Criteria, and in accordance with the

provisions stipulated in the Banks Rules and Procedures for
Procurement of Goods and Works.
If in the opinion of the Employer the bid which results in the
lowest Evaluated Bid, is seriously unbalanced or front loaded or
substantially below the Employers estimates, the Employer may
require the Bidder to produce detailed price analyses for any or
all items of the Schedules, to demonstrate the internal
consistency of those prices with the methods and schedule
proposed. After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments, the
Employer may require that the amount of the performance
security be increased at the expense of the Bidder to a level
sufficient to protect the Employer against financial loss in the
event of default of the successful Bidder under the Contract.
The Employer shall determine to its satisfaction whether the
Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III, Evaluation and Qualification Criteria.
The determination shall be based upon an examination of the
documentary evidence of the Bidders qualifications submitted
by the Bidder, pursuant to ITB 16.
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 Employer shall
proceed to the next lowest evaluated bid to make a similar
determination of that Bidders qualifications to perform
satisfactorily.
The capabilities of the manufacturers and subcontractors
proposed in its Bid to be used by the lowest evaluated Bidder for
identified major items of the Requirements will also be evaluated
for acceptability in accordance with the criteria and
methodologies defined in Section III, Evaluation and
Qualification Criteria. Their participation should be confirmed
with a letter of intent between the parties, as needed. Should a
manufacturer or subcontractor be determined to be unacceptable,
the Bid will not be rejected, but the Bidder will be required to
substitute an acceptable manufacturer or subcontractor without
any change to the bid price.

24

33. Comparison
of Bids

33.1 Subject to ITB 29, 30 and 31, the Employer shall compare all
substantially responsive bids to determine the lowest evaluated
bid.

34. Employer s
Right to
Accept Any
Bid, and to
Reject Any
or All Bids

34.1 The Employer reserves the right to accept or reject any bid, and
to annul the bidding process and reject all bids at any time prior
to contract award, without thereby incurring any liability to
Bidders. In case of annulment, all bids submitted and
specifically, bid securities, shall be promptly returned to the
Bidders.

G.
35. Award
Criteria

36. Notification
of Award

Award of Contract

35.1 Subject to ITB 34.1, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
36.1 Prior to the expiration of the period of bid validity, the Employer
shall notify the successful Bidder, in writing, that its bid has been
accepted. The notification letter (hereinafter and in the
Conditions of Contract and Contract Forms 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 Plant and Installation Services (hereinafter and in the
Contract Forms called the Contract Price).
36.2 Until a formal contract is prepared and executed, the notification
of award shall constitute a binding Contract.
36.3 At the same time, the Employer shall also notify all other
Bidders of the results of the bidding, and shall publish in UNDB
online and at the Banks website (www.afdb.org), the results
identifying the bid and lot numbers and the following
information: (i) name of each Bidder who submitted a Bid; (ii)
bid prices as read out at bid opening; (iii) name and evaluated
prices of each Bid that was evaluated; (iv) name of bidders
whose bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the price it offered, as well
as the duration and summary scope of the contract awarded.
After publication of the award, unsuccessful bidders may request
in writing to the Employer for a debriefing seeking explanations
on the grounds on which their bids were not selected. The
Employer shall promptly respond in writing to any unsuccessful
Bidder who, after Publication of contract award, requests a
debriefing.

25

37. Signing of
Contract

38. Performance
Security

37.1 Promptly upon notification, the Employer shall send the

successful Bidder the Contract Agreement.
37.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to
the Employer.
37.3 Upon the successful Bidders furnishing of the signed Contract
Agreement and Performance Security pursuant to ITB 38, the
Employer will discharge its Bid Security, pursuant to ITB 19.
37.4 Notwithstanding ITB 37.2 above, in case signing of the Contract
Agreement is prevented by any export restrictions attributable to
the Employer, to the country of the Employer, 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 Employer and
of the Bank that signing of the Contract 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 Agreement.
38.1 Within twenty-eight (28) days of the receipt of notification of
award from the Employer, the successful Bidder shall furnish the
performance security in accordance with the conditions of
contract, subject to ITB 31.3, using for that purpose the
Performance Security Form included in Section IX, Contract
Forms, or another form acceptable to the Employer. 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 Employer. A foreign institution providing a
bond shall have a correspondent financial institution located in
the Employers Country.
38.2 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, or execution of the Bid-Securing Declaration.
In that event the Employer may award the Contract to the next
lowest evaluated Bidder whose offer is substantially responsive
and is determined by the Employer to be qualified to perform the
Contract satisfactorily.

26