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Standard Bidding Documents

Standard Bidding Documents Procurement of Works FIDIC This electronic document prepared by The World Bank is intended to fulfill the objectives of para. of Guidelines: Procurement under IBRD Loans and IDA Credits, January 1995: Borrowers shall use the appropriate Standard Bidding Documents (SBDs) issued by the Bank with minimum changes, acceptable to the Bank, as necessary to address country and project specific issues. Any such changes shall be introduced only through bid or contract data sheets, or through special conditions of contract, and not by introducing changes in the Standard wording of the Bank s SBDs. Users of this electronic document should ensure the above requirements are complied with. The World Bank January 1995 incorporating the CORRIGENDA dated June 1995 and June 1996 iii Contents Section I.

Conditions of Particular Application, respectively. (d) Except where indicated as mandatory, clauses included in the Conditions of Particular Application are illustrative of the provisions that should be drafted by the Employer for each procurement. These bidding documents are not suitable for lump sum contracts without

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Transcription of Standard Bidding Documents

1 Standard Bidding Documents Procurement of Works FIDIC This electronic document prepared by The World Bank is intended to fulfill the objectives of para. of Guidelines: Procurement under IBRD Loans and IDA Credits, January 1995: Borrowers shall use the appropriate Standard Bidding Documents (SBDs) issued by the Bank with minimum changes, acceptable to the Bank, as necessary to address country and project specific issues. Any such changes shall be introduced only through bid or contract data sheets, or through special conditions of contract, and not by introducing changes in the Standard wording of the Bank s SBDs. Users of this electronic document should ensure the above requirements are complied with. The World Bank January 1995 incorporating the CORRIGENDA dated June 1995 and June 1996 iii Contents Section I.

2 Invitation for Bids (IFB)..3 Notes on the Form of Invitation for Section II. Instructions to Notes on the Instructions to Table of A. B. Bidding C. Preparation of D. Submission of E. Bid Opening and F. Award of Section III. Bidding Notes on the Bidding Section IV. Part 1. General Conditions of Notes on the Conditions of Section V. Part 2: Conditions of Particular Notes on the Conditions of Particular Application (COPA)..40 Section VI. Technical Notes for Preparing Technical Section VII. Form of Bid, Appendix to Bid, and Bid Form of Appendix to Form of Bid Security (Bank Guarantee)..90 Section VIII. Bill of Notes for Preparing a Bill of Section IX. Form of Agreement, Forms of Performance Security, and Bank Guarantee for Advance Form of Forms of Performance Security and Bank Guarantee for Advance Section X.

3 Notes for Preparing the Contents ivSection XI. Explanatory Notes and Additional Clauses to Section Section XII. Invitation for Section XIII. Disputes Resolution Clause 67: Settlement of Disputes: Version Clause 67: Settlement of Disputes: Version Clause 67: Settlement of Disputes: Alternative Arbitration Section XIV. Eligibility for the Provision of Goods, Works, and Services in Bank-Financed 1 Introduction These Standard Bidding Documents for Works (SBDW) has been prepared by the World Bank for use by borrowers in the procurement of admeasurement (unit price or rate) type of works contracts through international competitive Bidding . The procedures and practices presented in this document have been developed through broad international experience.

4 They are mandatory for use in works contracts financed in whole or in part by the World Bank (which includes the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA), hereinafter called the Bank ), which are estimated to cost more than US$10 million (including contingency allowance) unless the Bank agrees to the use of other Bank Standard Bidding Documents on a case-by-case basis. (The Bank has also issued Standard Bidding Documents for smaller works and will issue a French version of the SBDW in 1995.) This edition of the SBDW is based on Part I of the fourth edition of the International Federation of Consulting Engineers (Federation Internationale des Ingenieurs Conseils, or FIDIC) Conditions of Contract for Works of Civil Engineering Construction (1987, reprinted 1992 with amendments), as well as changes to it resulting from the Bank s experience.

5 Section 11, Explanatory Notes, explains the differences between Part II of the Conditions of Contract, as included in this SBDW, and Part II of FIDIC. In order to simplify the preparation of Bidding Documents for each procurement, the SBDW groups the provisions that shall remain unchanged in Section 2, Instructions to Bidders, and in Section 4, Part I General Conditions of Contract. Data and provisions specific to each procurement and contract shall be included in Section 3, Bidding Data, in Section 5, Part II Conditions of Particular Application, and in the Appendix to Bid included in Section 7. The Documents also require Technical Specifications (Section 6), Drawings (Section 10), Bill of Quantities (Section 8), and other materials, which should be incorporated in the appropriate sections.

6 In addition, sample forms to be used are provided where necessary. This SBDW has been prepared for Bidding when prequalification has taken place. The process of prequalification shall follow the procedure indicated in Standard Prequalification Documents : Procurement of Works, issued by the World Bank. Prequalification shall be followed for all major works. Exceptionally, in the absence of prequalification, postqualification shall be followed, with prior agreement by the Bank. Postqualification procedures are covered in Section 12. A major change has been introduced with respect to the quasi-judicial role of the Engineer, as set forth in Subsection of Part I of FIDIC. For contracts estimated to cost more than US$50 million (including contingency allowances), it will be mandatory to refer disputes in the first instance to a three-member Disputes Review Board (DRB) rather than to the Engineer.

7 For contracts estimated to cost less than US$50 million, Employers will have the option of (i) providing for a DRB, (ii) referring disputes to one Disputes Review Expert (rather than to the three-member DRB), or (iii) continuing to provide for the Engineer s Decision under Sub-Clause of FIDIC Part I, the third option being available only if the Engineer is independent from the Employer. 2 Introduction Care should be taken to check the relevance of the SBDW against the requirements of the specifics works to be procured. The following general directions should be observed when using the document : (a) All the notes, except those applying to forms to be filled in by bidders, including notes contained in single-bordered boxes, are intended only as information for the person drafting the Bidding Documents and should not be included in the final Documents .

8 (b) Specific details, such as the name of the Employer or address for Bid submission, should be furnished in the space provided in the Bidding Data, and in the Conditions of Particular Application or Appendix to Bid. The final document should contain neither blank spaces nor options. (c) Amendments, if any, to the Instructions to Bidders and to the General Conditions of Contract, can only be made through the Bidding Data and Conditions of Particular Application, respectively. (d) Except where indicated as mandatory , clauses included in the Conditions of Particular Application are illustrative of the provisions that should be drafted by the Employer for each procurement. These Bidding Documents are not suitable for lump sum contracts without substantial changes to the method of payment and price adjustment, and to the Bill of Quantities, Schedules of Activities, and so forth.

9 3 Section I. Invitation for Bids (IFB) Notes on the Form of Invitation for Bids The Invitation for Bids for contracts, subject to prequalification, is sent only to firms determined by the Borrower to be qualified in accordance with the Borrower s prequalification procedure. This procedure must be reviewed and commented on by IBRD if the potential contract is to be eligible for IBRD financing (see Guidelines: Procurement under IBRD Loans and IDA Credits, hereinafter referred to as IBRD Guidelines for Procurement, Appendix 1, para. 1). Ideally, the Letter of Invitation for Bids is sent to the qualified bidders at the time that the prequalification results are announced. For major works, prequalification shall be used. If, exceptionally, prequalification is not used, refer to Section XII for the appropriate Invitation for Bids and for other changes to the document .

10 4 Section I. Invitation for Bids (IFB) Form of Invitation for Bids [letterhead paper of the Employer]1 [date] To: [name of Contractor] [address] Reference: IBRD Loan No., Contract Name, and Identification No. Dear Sirs: 1. We hereby inform you that you are prequalified for Bidding for the above cited 2. We now invite you and other prequalified bidders to submit sealed bids for the execution and completion of the cited 3. You may obtain further information from, and inspect and acquire the Bidding Documents , at our offices at [mailing address, street address, and cable/telex/facsimile numbers].3 4. A complete set of Bidding Documents may be purchased by you at the above office, and upon payment of a nonrefundable fee of [insert amount and currency].4 5. All bids must be accompanied by a security in the form and amount specified in the Bidding Documents , and must be delivered to [address and exact location] at or before [time and date].


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