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1-5 Section 1 - Instructions To Bidders

This document provides instructions to bidders for a contract. It states that bidders can submit jointly as a joint venture, with all partners being jointly and severally liable. It also outlines eligibility criteria for bidders, including requiring bidders and partners to be from an eligible country, and not have any conflicts of interest, such as common owners or receiving subsidies from other bidders. Bidders are also not allowed to participate if affiliated with any firm suspended or debarred by the Asian Development Bank.

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Babin Saseendran
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54 views1 page

1-5 Section 1 - Instructions To Bidders

This document provides instructions to bidders for a contract. It states that bidders can submit jointly as a joint venture, with all partners being jointly and severally liable. It also outlines eligibility criteria for bidders, including requiring bidders and partners to be from an eligible country, and not have any conflicts of interest, such as common owners or receiving subsidies from other bidders. Bidders are also not allowed to participate if affiliated with any firm suspended or debarred by the Asian Development Bank.

Uploaded by

Babin Saseendran
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Section 1 -Instructions to Bidders 1-5

form of a Joint Venture. In the case of a Joint Venture,

.' (a) all partners shall be jointly and severally liable, and


(b) the Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
partners of the Joint Venture during the bidding process and, in the
event the Joint Venture is awarded the Contract, during contract
execution.

4.2 A Bidder, and all partners constituting the Bidder, shall have the nationality
of an eligible country, in accordance with Section 5 (Eligible Countries). 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 a
conflict of interest shall be disqualified. A Bidder may be considered to be


in a conflict of interest with one or more parties in this bidding process if
any of, including but not limited to, the following apply:

(a) they have controlling shareholders in common; or


(b) 'they receive or have received any direct or indirect subsidy from any of
them; or

(c) they have the same legal representative for purposes' of this bid; or
(d) they have a relationship with each other, directly or througj'l common

third parties, that puts them in a position to have access to material


information about or improperly influence the bid of another Bidder, or

influence the decisions of the Employer regarding thi~ bidding process;


or

(e) a Bidder participates in more than one bid in this bidding process,
either individually or as a partner in a joint venture, except for

alternative offers permitted under ITB 13. This will result in the
disqualification of all Bids in which it is involved. However, subject to

any finding of a conflict of interest in terms of ITB 4.3 (a) - (d) above,
this does not limit the participation of a Bidder as a subcontractor in

another Bid or of a firm as a subcontractor in more than one Bid; or


(f) a Bidder or any affiliated entity, participated as a consultant in. the

,
I
preparation of the design or technical specifications of the plant and
serVices that are the subject of the Bid; or -

(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer or Borrower as Project
, Manager for the Contract.

4.4 A firm shall not be eligible to participate in any procurement activities under
an ADB-financed, administered, or supported project while under
~ temporary suspension or debarment by ADB pursuant to its Anticorruption
Policy (see ITB 3), whether such debarment was directly imposed by ADB,
or enforced by ADB pursuant to the Agreement for Mutual Enforcement of
Debarment Decisions .. A bid from a temporary suspended or debarred firm
will be rejected.
~

~
Bidding Document for _ Procurement of Plant Sin~le,Staqe: Two-Envelope

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