ICBNo:MOALF/SDL/RPLRP/12/2015-16...iSectionI.InstructionstoBidders SectionI.InstructionstoBidders...

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REPUBLICOFKENYA

MINISTRYOFAGRICULTURE,LIVESTOCKANDFISHERIES(StateDepartment of Livestock)

Bidding Document for Supply andDelivery of Livestock Vaccines

ICBNo: MOALF/SDL/RPLRP/12/2015-16

PROJECT IDNO: P129408

LOANNO: 53880KE

Regional Pastoral LivelihoodsResilience Project (RPLRP)

Purchaser :MinistryOf Agriculture, Livestock and Fisheries

StateDepartment of Livestock

IssuedOn: 14th April 2016

i Summary Description

Summary DescriptionPART1– BIDDINGPROCEDURES

Sect ion I. Instruct ions to Bidders(ITB)

This Section provides information to help Bidders prepare their bids.Information is also provided on the submission, opening, andevaluation of bids and on the award of Contracts. Section I containsprovisions that are to be usedwithout modification.

Sect ion II. Bidding DataSheet (BDS)

This Section includes provisions that are specific to each procurementand that supplement Section I, Instructions to Bidders.

Sect ion III. Evaluat ionandQualif ication Criteria

This Section specifies the criteria to be used to determine the lowestevaluated bid, and the Bidder ’s qualification requirements to performthecontract.

Sect ion IV. Bidding Forms

ThisSection includes the forms for theBid Submission, Price Schedules,Bid Security, and the Manufacturer’s Authorization to be submit tedwith theBid.

Sect ion V. EligibleCountries

ThisSection contains information regardingeligible countries.

Sect ion VI. Bank Policy -Corrupt and Fraudulent PracticesPART2– SUPPLYREQUIREMENTS

Sect ion VII. Scheduleof Requirements

ThisSection includes theList ofGoodsandRelated Services, theDelivery andCompletion Schedules, theTechnical SpecificationsandtheDrawings that describe theGoodsand Related Services to beprocured.

PART3–CONTRACT

Sect ion VIII. General Condit ionsof Contract (GCC)

This Section includes the general clauses to be applied in all contracts.The text of theclauses in thisSection shall not bemodified.

Sect ion IX. Special Condit ionsof Contract (SCC)

This Section includes clauses specific to each contract that modify orsupplementSection VII, GeneralConditionsof Contract.

Summary Description i

Sect ion X: Contract Forms

This Section includes the form for the Agreement, which, oncecompleted, incorporates corrections or modifications to the acceptedbid that are permit ted under the Instructions to Bidders, the GeneralConditionsof Contract,and theSpecial ConditionsofContract.

The forms for Performance Security and Advance Payment Security,when required, shall only be completed by the successful Bidder aftercontract award.

Attachment: Invitat ion for Bids

An “Invitation for Bids” form is provided at theend of theBiddingDocuments for information.

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Table of Contents

PART1–Bidding Procedures................................................................................................... 1

Section I. Instructions to Bidders............................................................................................ 3Section II. Bid DataSheet (BDS).............................................................................................31Section III. Evaluation andQualification Criteria.................................................................. 35Section IV. Bidding Forms......................................................................................................37Section V. Eligible Countries.................................................................................................. 55Section VI. Bank Policy -Corrupt andFraudulent Practices..................................................57

PART2– Supply Requirements............................................................................................. 61

Section VII. Scheduleof Requirements.................................................................................62

PART3-Contract.....................................................................................................................71

Section VIII. General ConditionsofContract........................................................................ 73Section IX. Special Conditionsof Contract...........................................................................99Section X. Contract Forms................................................................................................... 104

5

PART1– Bidding Procedures

6

Section I. Instructions to Bidders

Table of Clauses

A. General................................................................................................................................5

1............................................................................................................................... Scopeof Bid..............................................................................................................................................5

2.........................................................................................................................Sourceof Funds..............................................................................................................................................5

3............................................................................................Corrupt andFraudulent Practices............................................................................................................................................. 6

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

5........................................................................................ EligibleGoodsandRelated Services............................................................................................................................................. 9

B.Contentsof Bidding Document.......................................................................................... 9

6.................................................................................................Sectionsof Bidding Document............................................................................................................................................. 9

7......................................................................................... Clarification of Bidding Documents............................................................................................................................................10

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

C.Preparat ion of Bids..............................................................................................................11

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

10.......................................................................................................................Languageof Bid.............................................................................................................................................11

11...............................................................................................DocumentsComprising theBid.............................................................................................................................................11

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

13........................................................................................................................AlternativeBids............................................................................................................................................ 12

14......................................................................................................... Bid Pricesand Discounts............................................................................................................................................ 12

15...............................................................................................Currenciesof Bid and Payment............................................................................................................................................15

vSectionI. Instructions to Bidders

16............DocumentsEstablishing theEligibility andConformity of theGoodsandRelatedServices.............................................................................................................................. 15

17.............................DocumentsEstablishing theEligibility andQualificationsof theBidder............................................................................................................................................16

18.........................................................................................................Period of Validity of Bids............................................................................................................................................17

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

20...................................................................................................... Format and Signingof Bid............................................................................................................................................19

D. SubmissionandOpening of Bids......................................................................................20

21....................................................................................................Sealing andMarking of Bids........................................................................................................................................... 20

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

23.................................................................................................................................. LateBids........................................................................................................................................... 20

24.............................................................Withdrawal, Substitution,andModification of Bids............................................................................................................................................ 21

25.............................................................................................................................Bid Opening............................................................................................................................................ 21

E. Evaluat ionand Comparisonof Bids.................................................................................. 22

26.........................................................................................................................Confidentiality............................................................................................................................................22

27................................................................................................................. Clarification of Bids............................................................................................................................................23

28..............................................................................Deviations,Reservations, andOmissions............................................................................................................................................23

29.........................................................................................Determination of Responsiveness............................................................................................................................................23

30..................................................................................Nonconformities, ErrorsandOmissions............................................................................................................................................24

31........................................................................................... Correction of Arithmetical Errors............................................................................................................................................25

32............................................................................................... Conversion to SingleCurrency............................................................................................................................................25

33.............................................................................................................Margin of Preference............................................................................................................................................25

34................................................................................................................... Evaluation of Bids............................................................................................................................................25

35................................................................................................................. ComparisonofBids............................................................................................................................................27

v SectionI. Instructions to Bidders

36..................................................................................................... Qualification of theBidder............................................................................................................................................27

37.....................................Purchaser’sRight to Accept Any Bid, and to Reject Anyor All Bids............................................................................................................................................27

F.Award of Contract..............................................................................................................28

38......................................................................................................................... Award Criteria........................................................................................................................................... 28

39....................................................... Purchaser’sRight to VaryQuantities at Time ofAward........................................................................................................................................... 28

40.............................................................................................................Notification of Award........................................................................................................................................... 28

41..................................................................................................................Signingof Contract........................................................................................................................................... 29

42............................................................................................................. PerformanceSecurity........................................................................................................................................... 29

iSectionI. Instructions to Bidders

Sect ion I. Instructions to BiddersA. General

1. Scopeof Bid 1.1 In connection with the Invitation for Bids, specified in the BidData Sheet (BDS), the Purchaser, asspecified in the BDS, issuesthese Bidding Documents for the supply of Goods and RelatedServices incidental thereto asspecified inSection VII, ScheduleofRequirements. The name, identification and number of lots(contracts) of this International Competitive Bidding (ICB)procurement arespecif ied in theBDS.

1.2 Throughout theseBiddingDocuments:

(a) the term “in writing” means communicated in writ tenform (e.g. by mail, e-mail, fax, telex) with proof ofreceipt;

(b) if the context so requires, “singular” means “plural” andvice versa; and

(c) “day”meanscalendar day.

2. Sourceof Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)specified in the BDS has applied for or received financing(hereinafter called “funds”) from the International Bank forReconstruction and Development or the InternationalDevelopment Association (hereinafter called “the Bank”)in anamount specified in BDS, toward the project named in BDS.TheBorrower intends to apply a portion of the funds to eligiblepayments under the contract for which these BiddingDocumentsare issued.

2.2 Payment by the Bank will be made only at the request of theBorrower and upon approval by the Bank in accordance with thetermsandconditionsof theLoan (or other financing) Agreement.The Loan (or other financing) Agreement prohibitsa withdrawalfrom the Loan (or other financing) account for the purpose ofanypayment to personsor entities, or for any import of goods, ifsuch payment or import, to the knowledge of the Bank, isprohibited by decision of the United Nations Security Council

x SectionI. Instructions to Bidders

taken under Chapter VII of theCharter of theUnited Nations.Noparty other than the Borrower shall derive any rights from theLoan (or other financing) Agreement or have any claim to theproceedsof theLoan(or other financing).

3. Corrupt andFraudulentPract ices

3.1 The Bank requires compliance with its policy in regard tocorrupt and fraudulent practicesasset for th in Section VI.

3.2 In fur ther pursuance of this policy, Bidders shall permit andshall causeitsagents (wheredeclared or not), sub-contractors,sub-consultants, service providers or suppliers and to permittheBank to inspect all accounts, recordsand other documentsrelating to the submission of the application, bid submission(in case prequalified), and contract performance (in the caseof award), and to have themaudited by auditorsappointed bytheBank.

4. EligibleBidders 4.1 A Bidder may be a firm that is a private enti ty, a government-owned entity—subject to ITB 4.5—or any combination of suchentities in the form of a joint venture (JV) under an existingagreement or with the intent to enter into such an agreementsupported by a letter of intent. In the case of a joint venture, allmembersshall be jointly and severally liable for the execution ofthe Contract in accordance with theContract terms. The JVshallnominate a Representative who shall have the authority toconduct all business for and on behalf of any and all themembersof the JVduring the bidding process and, in the eventthe JV is awarded the Contract, during contract execution.Unless specified in the BDS, there is no limit on the number ofmembersinaJV.

4.2 ABidder shall not haveaconflict of interest. Any Bidder found tohave a conflict of interest shall be disqualified. A Bidder may beconsidered to have a conflict of interest for the purpose of thisbiddingprocess, if the Bidder:

(a) directly or indirectly controls, is controlled by or is undercommon control with another Bidder; or

(b) receives or has received any direct or indirect subsidyfrom another Bidder; or

(c) has thesame legal representativeasanother Bidder; or

(d) has a relationship with another Bidder, directly orthrough common third parties, that puts it in a position

xSectionI. Instructions to Bidders

to influence the bid of another Bidder, or influence thedecisionsof thePurchaser regarding thisbidding process;or

(e) participates in more than onebid in this bidding process.Participation by a Bidder in more than one Bid will resultin the disqualification of all Bids in which such Bidder isinvolved. However, this does not limit the inclusion ofthesamesubcontractor in more thanonebid; or

(f) any of its affiliates participated as a consultant in thepreparation of the design or technical specifications oftheworks that are thesubject of thebid; or

(g) any of its affiliates has been hired (or is proposed to behired) by the Purchaser or Borrower for the Contractimplementation; or

(h) would be providing goods, works, or non-consultingservices resulting from or directly related to consultingservices for the preparation or implementation of theproject specified in the BDS ITB 2.1 that it provided orwere provided by any affiliate that directly or indirectlycontrols, is controlled by, or is under common controlwith that firm; or

(i) has a close business or family relationship with aprofessional staff of the Borrower (or of the projectimplementing agency, or of a recipient of a part of theloan) who: (i) are directly or indirectly involved in thepreparation of the bidding documents or specificationsof thecontract, and/or thebid evaluationprocessof suchcontract; or (ii) would be involved in the implementationor supervision of such contract unless the conflictstemming from such relationship has been resolved in amanner acceptable to the Bank throughout theprocurement processand execution of thecontract

4.3 A Bidder may have the nationality of any country, subject to therestrictionspursuant to ITB4.7. ABidder shall bedeemed to havethe nationali ty of a country if the Bidder is consti tuted,incorporated or registered in and operates in conformity withthe provisions of the laws of that country, as evidenced by itsarticles of incorporation (or equivalent documents ofconstitution or association) and its registration documents, asthe case may be. This criterion also shall apply to the


determination of the nationality of proposed sub-contractors orsub-consultants for any part of the Contract including relatedServices.

4.4 A Bidder that has been sanctioned by the Bank in accordancewith the above ITB 3.1, including in accordance with the Bank’sGuidelines on Preventing and Combating Corruption in ProjectsFinanced by IBRD Loans and IDA Credits and Grants (“Anti-Corruption Guidelines”), shall be ineligible to be prequalified for,bid for, or beawardedaBank-financed contract or benefit fromaBank-financed contract, financially or otherwise, during suchperiod of time as the Bank shall have determined. The list ofdebarred firms and individuals is available at the electronicaddressspecified in theBDS.

4.5 Bidders that areGovernment-ownedenterprisesor institutions inthePurchaser’sCountrymayparticipateonly if they can establishthat they (i) are legally and financially autonomous (ii) operateunder commercial law, and (iii) are not dependent agencies ofthePurchaser. To beeligible, agovernment-owned enterpriseorinstitution shall establish to the Bank’s satisfaction, through allrelevant documents, including its Charter and other informationthe Bank may request, that i t: (i) is a legal entity separate fromthe government (ii) does not currently receive substantialsubsidies or budget support; (iii) operates like any commercialenterprise, and, inter alia, isnot obliged to pass on itssurplus tothe government, can acquire rights and liabilities, borrow fundsand be liable for repayment of its debts, and can be declaredbankrupt; and (iv) isnot bidding for acontract to beawarded bythe department or agency of the government which under theirapplicable laws or regulations is the reporting or supervisoryauthorityof the enterprise or has theability to exercise influenceor control over theenterpriseor institution.

4.6 A Bidder shall not be under suspension from bidding by thePurchaser as the result of the operation of a Bid–SecuringDeclaration.

4.7 Firmsand individualsmay be ineligible if so indicated in Section Vand (a) as amatter of law or official regulations, the Borrower’scountry prohibits commercial relations with that country,provided that the Bank is satisfied that such exclusion does notpreclude effective competition for the supply of goods or thecontracting of works or services required; or (b) by an act of


compliance with a decision of the United Nations SecurityCouncil taken under Chapter VII of the Charter of the UnitedNations, theBorrower’scountryprohibitsany import of goodsorcontracting of works or services from that country, or anypayments to anycountry, person, or entity in that country.

4.8 A Bidder shall provide such evidence of eligibility satisfactory tothePurchaser, as thePurchaser shall reasonably request.

5. EligibleGoodsandRelatedServices

5.1 All the Goods and Related Services to be supplied under theContract and financed by the Bank may have their origin in anycountry in accordancewithSection V,EligibleCountries.

5.2 For purposes of this Clause, the term “goods” includescommodities, raw material,machinery, equipment, and industrialplants; and “related services” includesservicessuch as insurance,installation, training, and initial maintenance.

5.3 The term “origin”means the countrywhere the goodshavebeenmined,grown, cultivated, produced,manufacturedor processed;or, through manufacture, processing, or assembly, anothercommercially recognized article results that differs substantiallyin i tsbasiccharacteristics from itscomponents.

B. Contentsof BiddingDocument

6. Sect ionsofBiddingDocument

6.1 TheBidding Documentsconsist of Parts1, 2, and 3,which includeall the Sections indicated below, and should be read inconjunctionwithanyAddenda issued inaccordancewith ITB8.

PART1 Bidding Procedures

Section I. Instructions to Bidders (ITB)

Section II. Bidding DataSheet (BDS)

Section III. Evaluation andQualification Criteria

Section IV. Bidding Forms

Section V. EligibleCountries

Section VI. Bank Policy-Corrupt and FraudulentPractices

PART 2 Supply Requirements

Section VII. Scheduleof Requirements


PART 3 Contract

Section VIII. GeneralConditionsof Contract (GCC)

Section IX. Special Conditionsof Contract (SCC)

Section X.Contract Forms

6.2 The Invitation for Bids issued by the Purchaser is not part of theBiddingDocument.

6.3 Unlessobtaineddirectly from thePurchaser, the Purchaser isnotresponsible for the completenessof the document, responses torequests for clarification, the Minutes of the pre-Bid meeting (ifany), or Addenda to the Bidding Document in accordance withITB8. In case of any contradiction, documents obtained directlyfrom thePurchaser shall prevail.

6.4 TheBidder isexpected to examine all instructions, forms, terms,and specifications in the Bidding Documentsand to furnish withits Bid all information or documentation as is required by theBiddingDocuments.

7. Clarif icat ionofBiddingDocuments

7.1 ABidder requiring anyclari ficationof theBiddingDocument shallcontact the Purchaser in writing at the Purchaser’s addressspecif ied in theBDS.The Purchaser will respond in writing to anyrequest for clarification, provided that such request is receivedprior to the deadline for submission of bids within a periodspecif ied in the BDS. The Purchaser shall forward copies of itsresponse to all Bidders who have acquired the BiddingDocuments in accordance with ITB6.3, including adescription ofthe inquiry but without identifying its source. If so specified inthe BDS, the Purchaser shall also promptly publish its responseat the web page ident ified in the BDS. Should the clari ficationresult in changes to the essential elements of the BiddingDocuments, the Purchaser shall amend the Bidding Documentsfollowing theprocedureunder ITB8 and ITB22.2.

8. Amendment ofBiddingDocument

8.1 At any time prior to the deadline for submission of bids, thePurchaser may amend the Bidding Documents by issuingaddenda.

8.2 Any addendum issued shall be part of the Bidding Documentsand shall be communicated in writing to all who have obtained


the Bidding Documents from the Purchaser in accordance withITB6.3.ThePurchaser shall also promptly publish the addendumon thePurchaser’sweb page inaccordancewith ITB7.1.

8.3 To give prospective Bidders reasonable time in which to take anaddendum into account in preparing their bids, the Purchasermay, at its discretion, extend the deadline for the submission ofbids, pursuant to ITB22.2.

C. Preparat ion of Bids

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparationand submission of its bid, and the Purchaser shall not beresponsible or liable for thosecosts, regardlessof the conduct oroutcomeof thebidding process.

10. Languageof Bid 10.1 TheBid, aswell asall correspondenceand documents relating tothe bid exchanged by the Bidder and the Purchaser, shall bewritten in the language specified in the BDS. Supportingdocumentsand printed literature that are part of the Bidmaybein another language provided they are accompanied by anaccurate translation of the relevant passages into the languagespecified in the BDS, in which case, for purposes ofinterpretationof theBid, such translationshall govern.

11. DocumentsComprising theBid

11.1 TheBid shall comprise the following:

(a) Letter of Bid in accordancewith ITB12;

(b) completedschedules, in accordance with ITB12and 14

(c) Bid Security or Bid-Securing Declaration, in accordancewith ITB19.1;

(d) alternativebids, if permissible, in accordancewith ITB13;

(e) writ ten confirmation authorizing the signatoryof the Bidto commit theBidder, in accordancewith ITB20.2;

(f) documentary evidence in accordance with ITB 17establishing the Bidder’s qualifications to perform thecontract if itsbid is accepted;

(g) documentary evidence in accordance with ITB 17establishing theBidder’seligibility to bid;


(h) documentary evidence in accordance with ITB 16, thatthe Goods and Related Services to be supplied by theBidder areof eligible origin;

(i) documentary evidence in accordance with ITB 16 and 30,that the Goods and Related Services conform to theBidding Documents;

(j) anyother document required in theBDS.

11.2 In addition to the requirements under ITB 11.1, bids submit tedby a JV shall include a copy of the Joint Venture Agreemententered into by all members. Alternatively, a let ter of intent toexecute a Joint Venture Agreement in the event of asuccessful bid shall be signed by all members and submit tedwith thebid, togetherwith acopy of theproposed Agreement.

11.3 The Bidder shall furnish in the Letter of Bid information oncommissionsand gratuities, if any, paid or to be paid to agentsor anyother party relating to thisBid.

12. Letter of BidandPriceSchedules

12.1. TheLetter of Bid and Price Schedulesshall beprepared using therelevant forms furnished in Section IV, Bidding Forms. The formsmust be completed without any alterations to the text, and nosubstitutesshall be accepted except asprovided under ITB20.2.All blankspacesshall be filled inwith the information requested.

13. Alternat iveBids 13.1. Unless otherwise specified in the BDS, alternative bids shall notbeconsidered.

14. BidPricesandDiscounts

14.1 The prices and discounts quoted by the Bidder in the Letter ofBid and in thePrice Schedulesshall conform to the requirementsspecifiedbelow.

14.2 All lots (contracts) and itemsmust be listed andpriced separatelyin thePriceSchedules.

14.3 Theprice tobequoted in theLetter of Bid inaccordancewith ITB12.1shall be the total price of the bid, excluding any discountsoffered.

14.4 The Bidder shall quote any discounts and indicate themethodology for their application in the Letter of Bid, inaccordancewith ITB12.1.

14.5 Prices quoted by the Bidder shall be fixed during the Bidder’s


performance of the Contract and not subject to variation on anyaccount, unless otherwise specif ied in the BDSA bid submittedwith an adjustable price quotation shall be treated asnonresponsive and shall be rejected, pursuant to ITB 29.However, i f in accordance with the BDS, prices quoted by theBidder shall be subject to adjustment during the performance ofthe Contract, a bid submitted with a fixed price quotation shallnot be rejected, but thepriceadjustment shall be treated aszero.

14.6 I f so specified in ITB 1.1, bids are being invited for individual lots(contracts) or for any combination of lots (packages). Unlessotherwise specif ied in the BDS, prices quoted shall correspondto 100 %of the items specified for each lot and to 100%of thequantities specified for each item of a lot. Bidders wishing tooffer discounts for the award of more than one Contract shallspecify in their bid the price reductions applicable to eachpackage, or alternatively, to individual Contracts within thepackage. Discounts shall be submitted in accordance with ITB14.4 provided the bids for all lots (contracts) are opened at thesame time.

14.7 The termsEXW,CIP, and other similar termsshall begovernedbythe rules prescribed in the current edition of Incoterms,published by The International Chamber of Commerce, asspecified in theBDS.

14.8 Prices shall be quoted as specified in each Price Scheduleincluded in Section IV, Bidding Forms. The dis-aggregation ofpricecomponents isrequired solely for thepurpose of facilitatingthe comparison of bids by the Purchaser. This shall not in anyway limit the Purchaser’s right to contract on any of the termsoffered. In quoting prices, the Bidder shall be free to usetransportation throughcarriers registered in any eligiblecountry,in accordance with Section V, Eligible Countries. Similarly, theBidder may obtain insurance services fromanyeligible country inaccordance with Section V, Eligible Countries. Prices shall beentered in the followingmanner:

(a) For Goodsmanufactured in thePurchaser’sCountry:

(i) the price of the Goodsquoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs dutiesand sales and other taxes already paid or payableon the components and raw material used in the


manufactureor assemblyof theGoods;

(ii) any Purchaser’s Country sales tax and other taxeswhich will be payableon theGoods if the contractis awarded to theBidder; and

(iii) the price for inland transportation, insurance, andother local services required to convey theGoods totheir final destination (Project Site) specif ied in theBDS.

(b) For Goods manufactured outside the Purchaser’sCountry, to be imported:

(i) the price of the Goods, quoted CIP named placeof destination, in the Purchaser’s Country, asspecif ied in theBDS;

(ii) the price for inland transportation, insurance,and other local services required to convey theGoods from the named place of destination totheir final destination (Project Site) specif ied intheBDS;

(c) For Goods manufactured outside the Purchaser’sCountry, already imported:

(i) the price of the Goods, including the originalimport value of the Goods; plusanymark-up (orrebate); plus any other related local cost, andcustom duties and other import taxes alreadypaid or to be paid on the Goods alreadyimported.

(ii) the custom duties and other import taxesalready paid (need to be supported withdocumentary evidence) or to be paid on theGoodsalready imported;

(iii) the price of the Goods, obtained as thedifference between (i) and (ii) above;

(iv) any Purchaser’s Country sales and other taxeswhich will be payable on the Goods if thecontract is awarded to theBidder; and

(v) the price for inland transportation, insurance,


and other local services required to convey theGoods from the named place of destination totheir final destination (Project Site) specif ied intheBDS.

(d) for Related Services, other than inland transportationand other services required to convey the Goods totheir final destination, whenever such RelatedServices are specified in the Schedule ofRequirements:

(i) the price of each item comprising the RelatedServices (inclusiveof anyapplicable taxes).

15. CurrenciesofBidandPayment

15.1 The currency(ies) of the bid and the currency(ies) of paymentsshall be as specif ied in the BDS.The Bidder shall quote in thecurrency of the Purchaser’s Country the portion of the bid pricethat corresponds to expenditures incurred in the currency of thePurchaser’scountry, unlessotherwisespecified in theBDS.

15.2 The Bidder may express the bid price in any currency. If theBidder wishes to be paid in a combination of amounts indifferent currencies, it may quote its price accordingly but shalluse no more than three foreign currencies in addition to thecurrencyof thePurchaser’sCountry.

16. DocumentsEstablishing theEligibility andConformityoftheGoodsandRelated Services

16.1 To establish the eligibility of the Goods and Related Services inaccordance with ITB 5, Bidders shall complete the country oforigin declarations in the Price Schedule Forms, included inSection IV,Bidding Forms.

16.2 To establish theconformity of theGoodsand Related Services tothe Bidding Documents, the Bidder shall furnish aspart of i tsBidthe documentary evidence that the Goods conform to thetechnical specifications and standards specified in Section VII,Scheduleof Requirements.

16.3 The documentary evidence may be in the form of literature,drawings or data, and shall consist of a detailed item by itemdescription of the essential technical and performancecharacteristicsof theGoodsand Related Services, demonstratingsubstantial responsivenessof the Goodsand Related Services tothe technical specification, and if applicable, a statement ofdeviations and exceptions to the provisions of the Section VII,Scheduleof Requirements.


16.4 TheBidder shall also furnish a list giving full par ticulars, includingavailable sources and current pricesof spare parts, special tools,etc., necessary for the proper and continuing functioning of theGoods during the period specified in the BDS followingcommencement of theuseof thegoodsby the Purchaser.

16.5 Standards for workmanship, process, material, and equipment,as well as references to brand names or catalogue numbersspecified by the Purchaser in the Schedule of Requirements, areintended to be descriptive only and not restrictive. The Biddermay offer other standards of quali ty, brand names, and/orcatalogue numbers, provided that it demonstrates, to thePurchaser’ssatisfaction, that thesubstitutionsensure substantialequivalence or are superior to those specified in the Section VII,Scheduleof Requirements.

17. DocumentsEstablishing theEligibility andQualif icationsoftheBidder

17.1 To establish Bidder’s their eligibility in accordance with ITB 4,Bidders shall complete the Letter of Bid, included in Section IV,Bidding Forms.

17.2 The documentary evidence of the Bidder’s qualifications toperform the contract if its bid is accepted shall establish to thePurchaser’ssatisfaction:

(a) that, if required in the BDS, a Bidder that does notmanufacture or produce theGoods it offers to supply shallsubmit the Manufacturer’s Authorization using the formincluded inSection IV, BiddingForms to demonstrate that i thasbeen duly authorized by themanufacturer or producerof the Goods to supply these Goods in the Purchaser’sCountry;

(b) that, if required in the BDS, in case of a Bidder not doingbusiness within the Purchaser’s Country, the Bidder is orwill be (if awarded the contract) represented by an Agentin thecountryequipped and able to carryout theSupplier’smaintenance, repair and spare parts-stocking obligationsprescribed in the Conditions of Contract and/or TechnicalSpecifications; and

(c) that the Bidder meets each of the qualification criterionspecified in Section III, EvaluationandQuali ficationCriteria.

18. Period ofValidityof Bids

18.1. Bids shall remain valid for the period specif ied in the BDSafterthe bid submission deadline date prescribed by the Purchaser inaccordance with ITB22.1. A bid valid for a shorter period shall be


rejectedby thePurchaser asnonresponsive.

18.2. In exceptional circumstances, prior to the expiration of the bidvalidity period, the Purchaser may request bidders to extend theperiod of validity of their bids. The request and the responsesshall be made in writing. If a Bid Security is requested inaccordance with ITB Clause 19, it shall also be extended for acorresponding period. A Bidder may refuse the request withoutforfeiting itsBid Security. ABidder granting the request shall notbe required or permitted to modify itsbid, except as provided inITB18.3.

18.3. I f the award is delayed by a period exceeding fi fty-six (56) daysbeyond the expiry of the initial bid validity, the Contract priceshall bedetermined as follows:

(a) In the case of fixed price contracts, the Contract priceshall be the bid price adjusted by the factor specif ied intheBDS.

(b) In the case of adjustable price contracts, no adjustmentshall bemade.

(c) In any case, bid evaluation shall be based on the bid pricewithout taking into consideration the applicablecorrection from those indicated above.

19. BidSecurity 19.1. The Bidder shall furnish as part of i ts bid, either a Bid-SecuringDeclaration or a bid security, as specif ied in the BDS, in originalform and, in the case of a bid security. In the amount andcurrencyspecif ied in theBDS.

19.2. A Bid Securing Declaration shall use the form included in SectionIV, BiddingForms.

19.3. I f abid security isspecifiedpursuant to ITB19.1, thebid securityshall beademand guarantee inanyof the following formsat theBidder’soption :

(a) an unconditional guarantee issued by a bank or financialinstitution (such as an insurance, bonding or suretycompany);

(b) an irrevocable let ter of credit;

(c) acashier’sor certified check; or


(d) another securityspecif ied in theBDS, froma reputablesourcefrom an eligible country. If the unconditional guarantee isissued by a financial institution located outside thePurchaser’sCountry, the issuing financial institution shall have acorrespondent financial institution located in the Purchaser’sCountry to make it enforceable. In the case of a bankguarantee, the bid security shall be submit ted either using theBid Security Form included in Section IV, Bidding Forms, or inanother substantially similar format approved by thePurchaser prior to bid submission. The bid security shall bevalid for twenty-eight (28) days beyond the original validityperiod of the bid, or beyond any period of extension ifrequested under ITB18.2.

19.4. I f a Bid Security is specified pursuant to ITB 19.1, any bid notaccompanied by a substantially responsive Bid Security shall berejected by thePurchaser asnon-responsive.

19.5. I f aBid Security is specified pursuant to ITB19.1, the Bid Securityof unsuccessful Biddersshall be returned aspromptly aspossibleupon the successful Bidder’s signing the contract and furnishingthePerformanceSecuritypursuant to ITB42.

19.6. The Bid Security of the successful Bidder shall be returned aspromptly as possible once the successful Bidder has signed thecontract and furnished the requiredperformancesecurity.

19.7. TheBid Security may be for feited or theBid Securing Declarationexecuted:

(a) if a Bidder withdraws its bid during the period of bidvalidity specified by the Bidder on the Letter of Bid, oranyextension thereto providedby theBidder ; or

(b) if thesuccessful Bidder fails to:

(i) sign theContract inaccordancewith ITB41; or

(ii) furnish a performance security in accordance with ITB42.

19.8. The bid security or Bid- Securing Declaration of a JVmust be inthe name of the JV that submits the bid. If the JVhas not beenlegally constituted into a legally enforceable JV at the time ofbidding, the bid security or Bid-Securing Declaration shall be inthe names of all futuremembers asnamed in the letter of intent


referred to in ITB4.1and ITB11.2.

19.9. I f a bid security is not required in the BDS, pursuant to ITB19.1,and

(a) if aBidder withdraws itsbid during theperiod of bid validityspecified by theBidder on theLetter of Bid, or

(b) if the successful Bidder fails to: sign the Contract inaccordance with ITB41; or furnish a performancesecurityin accordancewith ITB42;

the Borrower may, if provided for in the BDS, declare theBidder ineligible to be awarded a contract by the Purchaserfor aperiod of time asstated in theBDS.

20. Format andSigningof Bid

20.1 The Bidder shall prepare one original of the documentscomprising the bid as described in ITB 11and clearly mark it “ORIGINAL.”Alternativebids, if permit ted inaccordancewith ITB13,shall be clearly marked “ALTERNATIVE.” In addition, the Bidder shallsubmit copies of thebid, in the number specified in the BDSandclearly mark them “COPY.” In the event of any discrepancybetween theoriginal and thecopies, theoriginal shall prevail.

20.2 The original and all copies of the bid shall be typed or writ ten inindelible ink and shall be signed by a person duly authorized tosign on behalf of the Bidder. Thisauthorization shall consist of awrit ten confirmation as specif ied in the BDS and shall beattached to thebid. The name and position held byeach personsigning the authorization must be typed or printed below thesignature. All pages of the bid where entries or amendmentshavebeenmade shall besigned or initialed by theperson signingthebid.

20.3 Incase theBidder isaJV, theBid shall besigned by an authorizedrepresentative of the JV on behalf of the JV, and so as to belegally binding on all the members as evidenced by a power ofat torney signedby their legallyauthorized representatives.

20.4 Any inter-lineation, erasures, or overwriting shall be valid only ifthey aresignedor initialedby thepersonsigning thebid.

D. Submission and Opening of Bids

21. Sealing and 21.1. The Bidder shall enclose the original and all copies of the bid,including alternative bids, if permitted in accordance with ITB13,


Markingof Bids in separate sealed envelopes, duly marking the envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.” These envelopes containingthe original and the copies shall then be enclosed in one singleenvelope.

21.2. The inner andouter envelopesshall:

(a) bear thenameandaddressof theBidder;

(b) be addressed to the Purchaser in accordance with ITB24.1;

(c) bear the specific identification of this bidding processindicated in ITB1.1; and

(d) bear a warningnot to open before the time and date forbid opening.

21.3. I f all envelopes are not sealed and marked as required, thePurchaser will assume no responsibility for themisplacement orprematureopeningof thebid.

22. Deadline forSubmissionofBids

22.1. Bids must be received by the Purchaser at the address and nolater than the date and time specif ied in the BDS. When sospecified in the BDS; biddersshall have the option of submit tingtheir bids electronically. Bidders submitting bids electronicallyshall follow theelectronic bid submissionproceduresspecified intheBDS.

22.2. The Purchaser may, at its discretion, extend the deadline for thesubmission of bids by amending the Bidding Documents inaccordance with ITB8, in which caseall rights and obligationsofthe Purchaser and Bidders previously subject to the deadlineshall thereafter besubject to thedeadlineasextended.

23. LateBids 23.1. The Purchaser shall not consider any bid that arrives after thedeadline for submission of bids, in accordance with ITB22. Anybid received by the Purchaser after the deadline for submissionof bids shall be declared late, rejected, and returned unopenedto the Bidder.

24. Withdrawal,Subst itut ion,andModif icat ionof

24.1. A Bidder maywithdraw, substi tute, or modify its Bid after it hasbeen submitted by sending a written notice, duly signed by anauthorized representative, and shall include a copy of theauthorization (the power of at torney) in accordance with ITB20.2, (except that withdrawal noticesdonot requirecopies ). The


Bids corresponding substitution or modification of the bid mustaccompany the respectivewrit ten notice. All noticesmust be:

(a) prepared andsubmit ted in accordancewith ITB20 and21(except that withdrawal notices do not require copies),and in addition, the respective envelopes shall be clearlymarked “WITHDRAWAL,” “SUBSTITUTION,”or “MODIFICATION;” and

(b) received by the Purchaser prior to the deadlineprescribed for submission of bids, in accordance with ITB22.

24.2. Bids requested to be withdrawn in accordancewith ITB24.1shallbe returnedunopened to theBidders.

24.3. No bid may be withdrawn, substituted, or modified in theinterval between the deadline for submission of bids and theexpiration of theperiod of bid validityspecified by the Bidder ontheLetter of Bid or anyextension thereof.

25. BidOpening 25.1. Except as in the cases specified in ITB 23 and 24, the Purchasershall publicly open and read out in accordance with ITB25.3 allbids received by the deadline at the date, time and placespecif ied in the BDS in the presence of Bidders’ designatedrepresentativesand anyone who choose to attend. Any specificelectronic bid opening procedures required if electronic biddingis permitted in accordance with ITB22.1, shall be as specified intheBDS.

25.2. First, envelopesmarked “WITHDRAWAL” shall be opened and readout and the envelope with the corresponding bid shall not beopened, but returned to the Bidder. If the withdrawal envelopedoes not contain a copy of the “power of attorney” confirmingthesignature asaperson duly authorized tosign onbehalf of theBidder, the corresponding bid will beopened.No bid withdrawalshall be permitted unless the corresponding withdrawal noticecontains a valid authorization to request the withdrawal and isread out at bid opening. Next, envelopesmarked “SUBSTITUTION”shall be opened and read out and exchanged with thecorresponding Bid being substi tuted, and the substi tuted Bidshall not be opened, but returned to the Bidder. No Bidsubstitution shall be permitted unless the correspondingsubstitution notice contains a valid authorization to request thesubstitution and is read out at bid opening. Envelopesmarked “MODIFICATION” shall be opened and read out with the


corresponding Bid. No Bidmodificationshall be permitted unlessthe corresponding modification notice contains a validauthorization to request the modification and is read out at Bidopening. Only bids that are opened and read out at Bid openingshall beconsidered fur ther.

25.3. All other envelopes shall be opened one at a time, reading out:the name of the Bidder and whether there isamodification; thetotal Bid Prices, per lot (contract) if applicable, including anydiscounts and alternative bids; the presence or absence of a BidSecurity, if required; and any other detailsas the Purchaser mayconsider appropriate. Only discounts and alternative bids readout at Bid opening shall be considered for evaluation. TheLetterof Bid and the Price Schedules are to be initialed byrepresentatives of the Purchaser attending bid opening in themanner specified in theBDS.The Purchaser shall neither discussthe merits of any bid nor reject any bid (except for late bids, inaccordancewith ITB25.1).

25.4. ThePurchaser shall preparea recordof thebid opening that shallinclude, as a minimum: the name of the Bidder and whetherthere isawithdrawal, substitution, or modification; theBid Price,per lot (contract) if applicable, including any discounts, andalternative bids; and thepresenceor absenceof aBid Security, ifone wasrequired. The Bidders’ representativeswho are presentshall be requested to sign the record. The omission of aBidder’ssignature on the record shall not invalidate the contents andeffect of the record. Acopy of the record shall be distributed toall Bidders.

E. Evaluation andComparison of Bids

26. Conf ident iality 26.1 Information relating to the evaluation of bids andrecommendation of contract award, shall not be disclosed tobidders or any other persons not officially concerned with thebidding process until information on Contract Award iscommunication to all Biddersin accordance with ITB40.

26.2 Any effort by a Bidder to influence the Purchaser in theevaluationor contract awarddecisionsmay result in the rejectionof i tsBid.

26.3 Notwithstanding ITB 26.2, from the time of bid opening to thetime of Contract Award, if any Bidder wishes to contact thePurchaser on anymatter related to thebidding process, i t should


do so in writing.

27. Clarif icat ionofBids

27.1 To assist in the examination, evaluation, comparison of the bids,and qualification of the Bidders, the Purchaser may, at itsdiscretion, ask any Bidder for a clarification of its Bid. Anyclarification submitted by aBidder in respect to itsBid and that isnot in response to a request by the Purchaser shall not beconsidered. The Purchaser’s request for clarification and theresponse shall be in writing. No change, including any voluntaryincrease or decrease, in the prices or substance of the Bid shallbe sought, offered, or permit ted, except to confirm thecorrection of arithmetic errors discovered by the Purchaser intheEvaluationof thebids, in accordancewith ITB31.

27.2 If a Bidder does not provide clari fications of its bid by the dateand time set in the Purchaser’s request for clari fication, its bidmayberejected.

28. Deviat ions,Reservat ions,andOmissions

28.1 During theevaluation of bids, the following definitionsapply:

(a)“Deviation” is a departure from the requirements specifiedin theBidding Documents;

(b) “Reservation” is the setting of limiting conditions orwithholding from complete acceptance of therequirementsspecified in theBidding Documents;and

(c)“Omission” is the failure to submit part or all of theinformation or documentation required in the BiddingDocuments

29. Determinat ionofResponsiveness

29.1 The Purchaser’s determination of a bid’s responsiveness is to bebased on thecontentsof thebid itself, asdefined in ITB11.

29.2 A substantially responsive Bid is one that meets therequirements of the Bidding Documents without materialdeviation, reservation, or omission. A material deviation,reservation, or omission isone that:

(a) if accepted, would

(i) affect in any substantial way the scope, quality, orperformance of the Goods and Related Servicesspecified in theContract; or


(ii) limit in any substantial way, inconsistent with theBidding Documents, the Purchaser’s rights or theBidder’sobligationsunder theContract; or

(b) if rectified,would unfairlyaffect thecompetitive positionof other bidderspresenting substantially responsivebids.

29.3 The Purchaser shall examine the technical aspects of the bidsubmitted in accordance with ITB 16 and ITB 17, in particular, toconfirm that all requirements of Section VII, Schedule ofRequirements have been met without any material deviation orreservation, or omission.

29.4 If a bid is not substantially responsive to the requirements ofBidding Documents, it shall be rejected by thePurchaser andmaynot subsequently be made responsive by correction of thematerial deviation, reservation, or omission.

30. Nonconformities,ErrorsandOmissions

30.1 Provided that aBid issubstantially responsive, thePurchaser maywaive any nonconformity in theBid.

30.2 Provided that abid issubstantially responsive, thePurchaser mayrequest that the Bidder submit the necessary information ordocumentation, within a reasonable period of time, to rectifynonmaterial nonconformities or omissions in the bid related todocumentation requirements. Such omissionshall not be relatedto any aspect of the price of the Bid. Failure of the Bidder tocomplywith the request mayresult in the rejection of itsBid.

30.3 Provided that a bid is substantially responsive, the Purchasershall rectify quantifiable nonmaterial nonconformities related tothe Bid Price. To this effect, the Bid Price shall be adjusted, forcomparison purposes only, to reflect the price of a missing ornon-conforming itemor component.

31. Correct ionofArithmeticalErrors

31.1Provided that theBid issubstantially responsive, thePurchaser shallcorrect arithmetical errorson the following basis:

(a) if there is a discrepancy between the unit price and theline item total that is obtained by multiplying the unitprice by the quantity, the unit price shall prevail and theline item total shall be corrected, unless in theopinion ofthe Purchaser there is an obvious misplacement of thedecimal point in theunit price, in which case the line itemtotal as quoted shall govern and the unit price shall be


corrected;

(b) if there is an error in a total corresponding to theaddition or subtraction of subtotals, the subtotals shallprevail and the total shall be corrected;and

(c) if there is a discrepancy between wordsand figures, theamount in words shall prevail, unless the amountexpressed in words is related to an arithmetic error, inwhich case the amount in figures shall prevail subject to(a) and (b) above.

31.2 Bidders shall be requested to accept correction of arithmeticalerrors. Failure to accept the correction in accordance with ITB31.1, shall result in the rejection of theBid.

32. Conversion toSingleCurrency

32.1 For evaluation and comparison purposes, the currency(ies) oftheBid shall be converted in a single currency asspecified in theBDS.

33. MarginofPreference

33.1 Unless otherwise specif ied in the BDS, a margin of preferenceshall not apply.

34. Evaluat ionofBids

34.1 The Purchaser shall use the criteria and methodologies listed inthis Clause. No other evaluation criteria or methodologies shallbepermitted.

34.2 To evaluateaBid, thePurchaser shall consider the following:

(a) evaluation will be done for Items or Lots (contracts), asspecif ied in the BDS; and the Bid Price as quoted inaccordance with clause14;

(b) price adjustment for correction of arithmetic errors inaccordance with ITB31.1;

(c) price adjustment due to discountsoffered in accordancewith ITB14.3;

(d) converting the amount resulting from applying (a) to (c)above, if relevant, to a single currency in accordancewith ITB32;

(e) price adjustment due to quantifiable nonmaterialnonconformities in accordance with ITB30.3;


(f) the additional evaluation factors are specified in SectionIII, EvaluationandQualification Criteria;

34.3 The estimated effect of the price adjustment provisions of theConditions of Contract, applied over the period of execution oftheContract, shall not be taken into account in bidevaluation.

34.4 I f these Bidding Documents allows Bidders to quote separateprices for different lots (contracts), the methodology todetermine the lowest evaluated price of the lot (contract)combinations, including anydiscountsoffered in theLetter of BidForm, is specified in Section III, Evaluation and Quali ficationCriteria

34.5 ThePurchaser’sevaluationof abid will exclude and not take intoaccount:

(a) in the case of Goods manufactured in the Purchaser’sCountry, sales and other similar taxes, which will bepayable on the goods if a contract is awarded to theBidder;

(b) in the case of Goods manufactured outside thePurchaser’sCountry, already imported or to be imported,customs duties and other import taxes levied on theimported Good, salesand other similar taxes,which willbe payable on the Goods if the contract is awarded totheBidder;

(c) any allowance for price adjustment during the period ofexecution of thecontract, if provided in thebid.

34.6 The Purchaser’s evaluation of a bid may require theconsiderationof other factors, inaddition to theBid Pricequotedin accordance with ITB 14. These factors may be related to thecharacteristics, performance, and terms and conditions ofpurchase of the Goods and Related Services. The effect of thefactorsselected, if any, shall be expressed in monetary terms tofacilitate comparison of bids, unless otherwise specif ied in theBDS from amongst those set out in Section III, Evaluation andQualification Criteria. The criteria andmethodologies to be usedshall beasspecified in ITB34.2(f).

35. ComparisonofBids

35.1 The Purchaser shall compare the evaluated prices of allsubstantially responsive bids established in accordance with ITB34.2to determine the lowest evaluated bid. Thecomparison shall


be on the basis of CIP (place of final destination) prices forimported goods and EXW prices, plus cost of inlandtransportation and insurance to place of destination, for goodsmanufactured within the Borrower’s country, together withprices for any required installation, training, commissioning andother services. The evaluation of prices shall not take intoaccount customdutiesandother taxeslevied on imported goodsquoted CIPand sales and similar taxes levied in connection withthesaleor delivery of goods.

36. Qualif icationoftheBidder

36.1 The Purchaser shall determine to its satisfaction whether theBidder that is selected ashaving submit ted the lowest evaluatedand substantially responsive bid meets the qualifying cri teriaspecified inSection III, EvaluationandQualificationCriteria.

36.2 The determination shall be based upon an examination of thedocumentary evidence of the Bidder’s qualifications submittedby theBidder, pursuant to ITB17.

36.3 An affirmativedetermination shall be aprerequisite for award ofthe Contract to theBidder. Anegative determination shall resultin disqualification of the bid, in which event the Purchaser shallproceed to the next lowest evaluated bid to make a similardetermination of that Bidder’s quali fications to performsatisfactorily.

37. Purchaser’sRight to AcceptAny Bid,and toReject Any orAll Bids

37.1 The Purchaser reserves the right to accept or reject any bid, andto annul the bidding process and reject all bids at any time priorto contract award, without thereby incurring any liability toBidders. In caseof annulment, all bidssubmitted and specifically,bid securities, shall bepromptly returned to theBidders.

F. Award of Contract

38. AwardCriteria 38.1 Subject to ITB37.1, the Purchaser shall award theContract to theBidder whose bid has been determined to be the lowestevaluated bid and is substantially responsive to the BiddingDocuments, provided further that theBidder isdetermined tobequalified toperform theContract satisfactorily.

39. Purchaser’sRight to Vary

39.1 At the time the Contract isawarded, the Purchaser reserves theright to increase or decrease the quantity of Goodsand Related


Quantit iesatTime of Award

Services originally specified in Section VII, Schedule ofRequirements, provided this does not exceed the percentagesspecified in theBDS, andwithout anychange in theunit pricesorother terms and conditions of the bid and the BiddingDocuments.

40.Not ificat ionofAward

40.1 Prior to theexpiration of theperiod of bid validity, thePurchasershall notify thesuccessful Bidder, in writing, that i tsBid hasbeenaccepted. The notification letter (hereinafter and in theConditions of Contract and Contract Forms called the “Letter ofAcceptance”) shall specify the sum that the Purchaser will paytheSupplier in consideration of thesupply of Goods(hereinafterand in the Conditionsof Contract and Contract Formscalled “theContract Price”). At the same time, the Purchaser shall alsonotify all other Bidders of the results of the bidding and shallpublish in UNDB online the results identi fying the bid and lot(contract) numbersand the following information:

(i) nameof each Bidderwho submit ted aBid;

(ii) bid pricesasread out at Bid Opening;

(iii) nameandevaluatedpricesof eachBid thatwasevaluated;

(iv) name of bidders whose bids were rejected and the reasonsfor their rejection; and

(v) name of the successful Bidder, and the Price it offered, aswell as the duration and summary scope of the contractawarded.

40.2 Until a formalContract ispreparedand executed, thenoti ficationof award shall consti tuteabindingContract.

40.3 The Purchaser shall promptly respond in writing to anyunsuccessful Bidder who, after notification of award inaccordance with ITB 40.1, requests in writing the grounds onwhich itsbidwasnot selected.

41. SigningofContract

41.1 Promptly after notification, the Purchaser shall send thesuccessful Bidder theContract Agreement.

41.2 Within twenty-eight (28) days of receipt of the ContractAgreement, thesuccessful Bidder shall sign, date, and return it tothePurchaser.


41.3 Notwithstanding ITB 41.2 above, in case signing of the ContractAgreement is prevented by any export restrictions attributableto the Purchaser, to the country of the Purchaser, or to the useof theproducts/goods, systemsor services to besupplied,wheresuch export restrictions arise from trade regulations from acountry supplying those products/goods, systems or services,the Bidder shall not be bound by its bid, always providedhowever, that the Bidder can demonstrate to the satisfaction ofthe Purchaser and of the Bank that signing of the ContactAgreement has not been prevented by any lack of diligence onthe part of the Bidder in completing any formalities, includingapplying for permits, authorizations and licenses necessary forthe export of the products/goods, systemsor servicesunder thetermsof theContract.

42. PerformanceSecurity

42.1 Within twenty eight (28) days of the receipt of notification ofaward from the Purchaser, the successful Bidder, if required,shall furnish the Performance Security in accordance with theGCC, subject to ITB34.5, using for that purpose the PerformanceSecurity Form included in Section X, Contract Forms, or anotherForm acceptable to the Purchaser. If the Performance Securityfurnished by thesuccessful Bidder isin the formof abond, it shallbe issued by a bonding or insurance company that has beendetermined by the successful Bidder to be acceptable to thePurchaser. A foreign institution providing a bond shall have acorrespondent financial institution located in the Purchaser’sCountry.

42.2 Failure of the successful Bidder to submit the above-mentionedPerformance Security or sign the Contract shall constitutesufficient grounds for theannulment of theaward and for feitureof the Bid Security. In that event the Purchaser may award theContract to the next lowest evaluated Bidder, whose bid issubstantially responsive and is determined by the Purchaser tobequalified to perform theContract satisfactorily.

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Section II. Bid DataSheet (BDS)The following specific data for thegoods to be procured shall complement, supplement,or amendthe provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisionsherein shall prevail over those in ITB.

ITBClauseReference

A.General

ITB1.1 Thereferencenumber of the Invitation for Bids is : Revised ProcurementPlandated19 thNovember 2015 ItemNo.6 under procurement of goods

ITB1.1 ThePurchaser is: Ministry of Agriculture, Livestock and Fisheries

ITB1.1 Thenameof the ICB is: Supply of Livestock Vaccines

The identification number of the ICB is:MOALF/SDL/RPLRP/12/2015-16

Thenumber and identification of lots comprising this ICBis: Four(4)

Lot 1:Supply anddelivery of Foot andMouthDisease(FMD) Vaccine

Lot 2:Supply and delivery of ContagiousBovinePleuropneumonia

(CBPP)Vaccine

Lot 3: Supply and delivery of ContagiousCaprinePleuropneumonia

(CCPP)Vaccine

Lot 4:PesteDesPet itsRuminants(PPR) Vaccine

ITB2.1 TheBorrower is:Government of Kenya

ITB2.1 Loanor FinancingAgreement amount:USD77Million

ITB2.1 Thenameof theProject is: Regional Pastoral LivelihoodResilience Project

ITB4.1 Maximumnumber ofmembers in theJVshall be:N/A

IITB 4.4 The electronic address of firms and individuals debarred by the Bank is:ht tp://www.worldbank.org/debarr.

B. Contentsof BiddingDocument s

ITB7.1 ForClarif icat ion of bid purposesonly, thePurchaser’saddressis:

Regional Pastoral LivelihoodsResilience Project

P.O.BOX34188-00100,NAIROBI

Hill Plaza, 10th Floor,Ngong Road


City: Nairobi

Telephone: 0202099167

Email: [email protected]

Requests for clarification should be received by theEmployer not later than: 14days.

ITB7.1 Web page:[email protected]

ITB7.2 Asitevisit will not be conducted by thePurchaser

C. Preparat ion of Bids

ITB10.1 The languageof thebid is: English

All correspondenceexchangeshall be inEnglish language.

Language for translationof supportingdocumentsandprinted literature isEnglish.

ITB11.1(j) TheBidder shall submit the followingadditional documents in itsbid: Pan AfricanVaccine Centre (PANVAC) Certi fication or equivalent internationally recognizedcertification, samples, quality analysisdataand literatureof theproduct.

ITB13.1 AlternativeBids shall not beconsidered.

ITB14.5 Thepricesquoted by theBidder shall not be subject to adjustment during theperformanceof theContract.

ITB14.6 Pricesquoted for each lot (contract) shall correspondat least to 100 percent oftheitems specified for each lot (contract).

Prices quoted for each item of a lot shall correspond at least to 100 percent of thequantitiesspecified for this itemof a lot.

ITB14.7 The Incotermsedition is: 2010.

ITB14.8 (b) (i)and (c) (v)

Place of Destination: CIP; Regional Pastoral Livelihoods Resilience Project Offices HillPlaza Building, Off Ngong Road, Nairobi Kenya.

ITB14.8 (a)(iii);(b)(ii) and(c)(v)

“Finaldestination (Project Site)”: Hill Plaza Building, Off Ngong Road, Nairobi Kenya.

ITB14.8 (b) (iii) In addition to theCIPprice specified in ITB14.8 (b)(i), theprice of theGoodsmanufacturedoutside thePurchaser’sCountryshall be quoted:N/A

ITB15.1 Thepricesshall bequoted by thebidder in: KenyaShillingsor in freely


convert iblecurrency.

TheBidder is required to quote in thecurrency of thePurchaser’sCountry theportionof thebid price that corresponds to expenditures incurred in thatcurrency.

ITB16.4 Period of time theGoodsareexpected to be functioning (for thepurposeofexpiry date):Not less than12months from the t ime of delivery

ITB17.2 (a) Manufacturer’sauthorization is required

ITB17.2(b)

After salesservice is not required

ITB18.1 The bid validity period shall be 120 days.

ITB18.3 (a) Thebid price shall beadjusted by the following factor(s):N/A

ITB19.1 ABid Security in the formof abank guaranteeshall be required.

Theamount of thebid securityshall beasshownbelow andmust be in localcurrencyor a freely convertible currency.

ITB19.3 (d) Other typesof acceptablesecurities:None

ITB19.9 N/A

ITB20.1 In addition to theoriginal of thebid, thenumber of copies is:ONE(1)

ITB20.2 Thewrit ten confirmation of authorization to sign on behalf of theBidder shallconsist of Power of Attorneywith aSeal.

Lot Item Descript ion Required BidSecurity (Kshs).

Lot 1: Foot andMouth Disease(FMD)Vaccine 1,300,000

Lot 2: ContagiousBovinePleuropneumonia

(CBPP)Vaccine

450,000

Lot 3: ContagiousCaprinePleuropneumonia(CCPP)Vaccine

450,000

Lot 4: PesteDesPetitsRuminants(PPR) Vaccine 600,000


D. Submission andOpening of Bids

ITB22.1 Purchaser’saddress is:

KILIMOHOUSE

CATHEDRALROAD

P.O. BOX34188-00100

CITY: NAIROBI

The deadline for bid submission is:

Date: 27thMay 2016

Time: 10.00 a.m.Biddersshall not have theoption of submit ting their bidselectronically.

ITB25.1 Thebid opening shall takeplaceat:

KILIMOHOUSE,6TH FLOORBOARDROOM

CATHEDRALROAD

CITY:NAIROBI

DATE: 27thMay 2016

TIME: 10.00 A.M.

ITB25.3 TheLetter of Bid and PriceSchedulesshall be initialed by four (4) representativesof thePurchaser conductingBid opening. The lot prices shall be read aloud andbidders’ representat ives shall be required to sign thebid opening register

E. Evaluat ion andComparison of Bids

ITB32.1 Thecurrency that shall be used for bid evaluation andcomparison purposes toconvert all bid pricesexpressed in variouscurrencies into asinglecurrency is:KenyaShillings

Thesourceof exchange rateshall beCentral Bank of Kenya

Thedate for theexchangerateshall be: dateof bid submissiondeadline

ITB33.1 Amarginof domesticpreference shall not apply.

ITB34.2(a) Evaluationwill bedone for lots

ITB34.6 Theadjustmentsshall be determinedusing the followingcriteria, fromamongst those set out in Section III, EvaluationandQualification Criteria: N/A

F.Award of Contract

ITB39.1 Themaximumpercentageby which quantitiesmaybe increased is: 20%


Themaximumpercentage bywhich quantitiesmaybe decreased is: 15%

3

Section III. Evaluation and Qualification Criteria

ThisSection containsall thecriteria that thePurchaser shall use to evaluateabid andqualify theBidders. in accordancewith ITB34 and ITB36, no other factors,methodsorcriteriashall be used.

[ThePurchaser shall select thecriteriadeemed appropriatefor theprocurementprocess, insert theappropriatewording using thesamplesbelow or other acceptablewording, and delete the text in italics]

Contents

1. Marginof Preference (ITB 33)............................................................................................36

2. Evaluat ion (ITB 34)............................................................................................................. 36

3. Qualif ication (ITB 36)..........................................................................................................36


1. Marginof Preference (ITB 33) N/A

2.Evaluat ion (ITB 34)

2.1. Evaluat ion Criteria (ITB 34.6) N/A

2.2. Mult ipleContracts (ITB 34.4)

The Purchaser shall award multiple contracts to the Bidder that offers the lowestevaluated combination of bids (one contract per bid) and meets the post-qualificationcriteria ( thisSection III, Sub-Section ITB36.1Post-Qualification Requirements)

ThePurchaser shall:

(a) evaluate only lots or contracts that include at least the percentages of itemsper lot andquantityper itemasspecified in ITB14.8

(b) take into account:

(i) the lowest-evaluated bid for each lot and

(ii) the price reduction per lot and the methodology for its application asoffered by theBidder in itsbid”

2.3. Alternat iveBids (ITB 13.1)N/A

3. Qualif ication (ITB 36)

3.1Post-qualif ication Requirements (ITB 36.1)

After determining the lowest-evaluated bid in accordance with ITB 35.1, the Purchasershall carry out the post-qualification of the Bidder in accordance with ITB 36, using onlythe requirements specified. Requirements not included in the text below shall not beused in theevaluationof theBidder’squalifications.

(a) FinancialCapability

The Bidder shall furnish documentary evidence that it meets the followingfinancial requirement(s): Bank statements/Annual accounts indicating anannual turnover/cashflowsof Kshs.20Million/USD0.2Million.

(b) Experience andTechnical Capacity

The Bidder shall furnish documentary evidence to demonstrate that it meetsthe following experience requirement(s): provide proof of supply of the sameitems; provide proof that the product comply with International Standard onVaccinesset byOIE

4

Section IV. Bidding Forms

Table of Forms

Letter of Bid............................................................................................................................38

Bidder Informat ion Form.......................................................................................................41

Bidder’sJVMembers InformationForm..............................................................................42

Price Schedule:GoodsManufacturedOutside thePurchaser’sCountry, to be Imported44

Price Schedule:GoodsManufacturedOutside thePurchaser’sCountry, alreadyimported*.................................................................................................................................45

Price Schedule:GoodsManufactured in thePurchaser’sCountry.....................................46

Price andComplet ion Schedule -Related Services..............................................................47

Formof Bid Security.............................................................................................................. 48

Formof Bid Security (Bid Bond)........................................................................................... 50

Formof Bid-Securing Declarat ion.........................................................................................52

Manufacturer’sAuthorizat ion...............................................................................................54


Letter of Bid

TheBidder must prepare theLetter of Bid on stationery with its let terhead clearlyshowing theBidder’scompletenameand address.

Note: All italicized text is for usein preparing theseform andshall be deleted fromthe f inal products.

Date: [ insert date (asday,month andyear) of Bid Submission]ICBNo.: [ insert number of bidding process]Invitation for Bid No.: [ insert ident if icat ion]AlternativeNo.:N/A

To: [insert complete nameof Purchaser]

(a) Wehaveexamined and havenoreservations to theBidding Documents, includingAddenda issued in accordancewith Instructions to Bidders (ITB8) ;

(b) Wemeet theeligibility requirementsand haveno conflict of interest in accordancewith ITB4;

(c) Wehavenot been suspendednor declared ineligible by thePurchaser based onexecution of aBid SecuringDeclaration in thePurchaser’scountry in accordance withITB4.6

(d) Weoffer to supply in conformity with theBidding Documentsand in accordancewiththeDeliverySchedulesspecified in theScheduleof Requirements the followingGoods:[ insert abrief descript ionof theGoodsand Related Services];

(e) The total price of our Bid, excludinganydiscountsoffered in item (f) below is:

In caseof onlyone lot, total priceof theBid [ insert the total price of thebid inwordsand f igures, indicat ing thevariousamountsand the respect ivecurrencies];

In caseof multiple lots, total price of each lot [ insert the total price of each lot inwordsand f igures, indicat ing thevariousamountsand the respect ivecurrencies];

In caseof multiple lots, total price of all lots(sumof all lots) [insert the total priceofall lots in wordsand f igures, indicat ing thevariousamountsand the respect ivecurrencies];

( f) Thediscountsoffered and themethodology for their application are:

(i) Thediscountsoffered are: [Specify in detail each discount offered.]


(ii) The exact methodof calculations to determine thenet priceafter application ofdiscounts is shownbelow: [Specify in detail themethod that shall beused toapply thediscounts];

(g) Our bid shall bevalid for aperiod of [specify thenumber of calendar days] daysfrom thedate fixed for thebid submission deadline in accordance with theBiddingDocuments,and it shall remain binding uponusandmay beaccepted at any timebefore theexpiration of that period;

(h) If our bid isaccepted, wecommit to obtain aperformancesecurity in accordancewith theBidding Documents;

(i) Wearenot participating,asaBidder or asasubcontractor, in more thanonebid inthisbiddingprocess in accordance with ITB4.2(e), other thanalternativebidssubmit ted in accordance with ITB 13;

(j) We, including anyof our subcontractorsor suppliers for anypart of thecontract,havenot been declared ineligibleby theBank,under theEmployer’scountry lawsorofficial regulationsor by an act of compliance with adecision of theUnited NationsSecurityCouncil;

(k) Wearenot agovernment owned entity/We areagovernment owned entitybutmeet the requirementsof ITB4.5;1

(l) Wehavepaid, or will pay the followingcommissions, gratuities, or fees with respectto thebiddingprocessor execution of theContract: [ insert completename of eachRecipient, its full address, the reason for which each commission or gratuity waspaid and theamount and currency of each suchcommission or gratuity]

NameofRecipient Address Reason Amount

(If nonehasbeen paid or is to bepaid, indicate “none.”)

(m) Weunderstand that thisbid, together with your writ tenacceptance thereof includedin your notification of award, shall constitute abindingcontract between us,until aformal contract isprepared and executed; and

(n) Weunderstand that you arenot bound to accept the lowest evaluatedbid or anyother bid that youmay receive.

(o) Wehereby certify thatwe have taken steps to ensure that no personacting for usoron our behalf will engage in any type of fraud andcorruption

1 Bidder to use as appropriate


Nameof theBidder* [insert complete nameof person signing theBid]

Nameof thepersonduly authorized to sign theBid on behalf of theBidder** [ insertcomplete nameof person dulyauthorized to sign theBid]

Title of thepersonsigning theBid [ insert complete t it le of theperson signing theBid]

Signatureof thepersonnamedabove [insert signatureof person whosename andcapacity areshown above]

Datesigned _[ insert dateof signing] dayof [ insert month], [ insert year]*: In thecaseof theBid submit ted by joint venturespecify thenameof theJoint VentureasBidder

**: Person signing theBid shall have thepower of at torneygiven by theBidder to beattached with theBid Schedules.


Bidder Informat ion Form

[The Bidder shall fill in thisForm in accordance with the instructions indicated below. Noalterations to its format shall be permit ted andno substitutionsshall beaccepted.]

Date: [insert date(asday,monthand year) of Bid Submission]ICBNo.: [inser t number of bidding process]

AlternativeNo.: [inser t identification No if this isaBid for analternative]

Page________of_ ______pages

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal nameof eachmember : [insert legal nameof eachmember in JV]

3. Bidder’sactual or intended countryof registration: [insert actual or intended countryof registration]

4. Bidder’syear of registration: [insert Bidder’syear of registration]

5. Bidder’s Address in country of registration: [insert Bidder’slegal address in country of registration]

6. Bidder’sAuthorized Representative Information

Name: [insert Authorized Representative’sname]

Address: [insert AuthorizedRepresentative’sAddress]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

Email Address: [insert Authorized Representative’semail address]

7. Attached arecopiesof original documentsof [check thebox(es) of theattached originaldocuments]

Articlesof Incorporation (or equivalent documentsof consti tution or association), and/ordocumentsof registrationof thelegal entitynamedabove, inaccordancewith ITB4.3.

Incaseof JV, let ter of intent to formJVor JVagreement, in accordance with ITB4.1.

IncaseofGovernment-owned enterpriseor institution, inaccordancewith ITB4.5documentsestablishing:

Legal and financial autonomy Operation under commercial law


Establishing that theBidder isnot dependent agency of the Employer

2. Included are theorganizational chart, a list of Board of Directors, and thebeneficial ownership.


Bidder ’sJVMembers Information Form

[TheBidder shall fill in thisForm in accordancewith the instructions indicated below. Thefollowing tableshall be filled in for theBidder and for eachmember of aJoint Venture]].



Page________of_ ______pages

1. Bidder’sName: [insert Bidder’s legal name]

2. Bidder’sJVMember’s name: [insert JV’sMember legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country ofregistration]

4. Bidder’sJVMember’s year of registration: [insert JV’sMember year of registration]

5. Bidder’s JVMember’s legal address in country of registration: [insert JV’sMemberlegal address in countryof registration]

6. Bidder’sJVMember’s authorized representativeinformation

Name: [insert nameof JV’sMember authorized representative]

Address: [insert addressof JV’sMember authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorizedrepresentative]

Email Address: [insert email addressof JV’sMember authorized representative]

7. Attached arecopiesof original documentsof [check thebox(es) of theattachedoriginal documents]

Articlesof Incorporation (or equivalent documentsof constitution or association),and/orregistration documentsof the legalentitynamedabove, inaccordancewith ITB4.3.

In case of aGovernment-owned enterpriseor institution, documentsestablishing legal andfinancial autonomy, operation in accordancewithcommercial law,and absenceofdependent status, in accordancewith ITB4.5.

2. Included are theorganizational chart,a list of Board of Directors, and thebeneficial ownership.


PriceScheduleForms

[The Bidder shall fill in these Price Schedule Forms in accordance with the instructionsindicated. The list of line items in column 1of the Price Schedulesshall coincide with theList of Goods and Related Services specified by the Purchaser in the Schedule ofRequirements.]

Section IV Bidding Forms 4

Price Schedule: GoodsManufacturedOutside thePurchaser’sCountry, to beImported

(Group Cbids, goods to be imported)

Currencies in accordancewith ITB15

Date:_________________________ICBNo: _____________________

AlternativeNo: ________________Page N______ of ______

1 2 3 4 5 6 7 8 9LineItemN

Description of Goods CountryofOrigin

DeliveryDate asdefined byIncoterms

Quantityandphysical unit

Unit priceCIP [ insert place ofdestination]

in accordancewith ITB14.8(b)(i)

CIPPriceper lineitem

(Col. 5x6)

Priceper line item forinland transportationandother services required inthePurchaser’scountryto convey theGoodstotheir f inal destinationspecif ied in BDS

Total Priceper Lineitem(Col. 7+8)

[insertnumberof theitem]

[insert nameof good] [ insertcountryoforigin of theGood]

[ insertquotedDeliveryDate]

[ insert numberof unitsto besupplied andnameof thephysical unit]

[ insert unit priceCIPper unit]

[ insert total CIPpriceper line item]

[insert thecorrespondingpriceper line item]

[insert total priceof thelineitem]

Total Price

Nameof Bidder [inser t complete name of Bidder ] Signatureof Bidder [signatureof person signing theBid] Date [Insert Date]

5 Section IV Bidding Forms

* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goodsdeclared to customsandshall includeanyrebateor mark-up of the local agent or representativeandall local costsexcept importdutiesand taxes,which havebeen and/or have to be paid by thePurchaser. For clarity thebidders are asked to quote the price

PriceSchedule: GoodsManufactured Outsidethe Purchaser’sCountry, already imported*

(Group Cbids,Goodsalready imported)

Currencies in accordance with ITB15

Date:_________________________ICBNo: _____________________AlternativeNo: ________________Page N______ of ______

1 2 3 4 5 6 7 8 9 10 11 12Line ItemN

Description ofGoods

CountryofOrigin

DeliveryDate asdefined byIncoterms

Quantityandphysicalunit

Unit priceincluding

CustomDutiesand ImportTaxespaid, inaccordancewith ITB14.8(c)(i)

CustomDutiesand Import Taxespaid per unit inaccordancewithITB14.8(c)(ii) , [ tobe supported bydocuments]

Unit Price netof customdutiesandimport taxes,in accordancewith ITB148 (c)

(iii)(Col. 6minusCol.7)

Price per lineitem net ofCustomDutiesand ImportTaxespaid, inaccordancewithITB14.8(c)(i)(Col. 58)

Priceper line itemfor inland

transportationandotherservicesrequired in thePurchaser ’s

countryto conveythegoodsto theirf inal destination,asspecif ied in BDSin accordancewithITB14.8 (c)(v)

Salesand othertaxes paid orpayable peritem if Contractisawarded (inaccordancewithITB14.8(c)(iv)

TotalPrice per lineitem

(Col. 9+10)


[insert nameofGoods]

[ insertcountryoforigin oftheGood]

[ insertquotedDeliveryDate]

[ insertnumber ofunitsto besuppliedand nameof thephysicalunit]

[ insert unitpriceper unit]

[ insert customdutiesand taxespaid per unit]

[ insert unitprice net ofcustom dutiesand importtaxes]

[ insert priceper line item netof customdutiesandimport taxes]

[ insert price perline item for inlandtransportationandother servicesrequired in thePurchaser’scountry]

[ insert salesand other taxespayable peritem if Contractisawarded]

[ insert total priceperline item]

Total BidPrice

Nameof Bidder [inser t complete nameof Bidder ] Signatureof Bidder [signatureof person signing the Bid] Date [inser t date]

5Section IV Bidding Forms 5

including import duties, and additionally to provide the import dutiesand theprice net of import duties which is the differenceof thosevalues.]


Price Schedule: GoodsManufactured in thePurchaser’sCountry

Purchaser’sCountry

KENYA

(Group Aand Bbids)

Currencies in accordance with ITB 15

Date:_________________________ICBNo: _____________________AlternativeNo: ________________Page N______ of ______

1 2 3 4 5 6 7 8 9 10LineItemN

Description of Goods DeliveryDateasdefined byIncoterms

Quantityandphysicalunit

Unit priceEXW

Total EXWprice per lineitem

(Col. 45)

Priceper line item forinland transportationandother services required inthePurchaser ’sCountryto convey theGoodstotheir f inal destination

Cost of local labor,rawmaterials andcomponentsfromwith origin in thePurchaser ’sCountry

%of Col. 5

Salesand other taxespayable per line item ifContract isawarded (inaccordancewith ITB

14.8(a)(ii)

Total Priceperline item(Col. 6+7)


[insert nameofGood] [ insertquotedDeliveryDate]

[ insertnumberof unitsto besuppliedand nameof thephysicalunit]

[ insert EXWunit price]

[ insert totalEXWpriceperline item]

[insert thecorrespondingpriceper line item]

[Insert cost of locallabor, rawmaterialand componentsfromwithin thePurchase’scountryasa%of theEXWpriceper line item]

[insert salesand other taxespayable per line item ifContract isawarded]

[inser t totalprice peritem]

Total Price



Price and Complet ion Schedule -Related Services

Currencies in accordance with ITB 15Date:_________________________ICBNo: _____________________AlternativeNo: ________________Page N______ of ______

1 2 3 4 5 6 7ServiceN

Description of Services(excludes inlandtransportation and other services required in thePurchaser ’scountryto convey thegoodsto their

f inal destination)

CountryofOrigin

Delivery Dateat placeof Final destination

Quantityand physical unit Unit price Total Price per Service(Col. 5*6 or estimate)

[ insertnumberof theService ]

[ insert nameof Services] [ insert countryof origin of theServices]

[ insert delivery dateatplace of f inaldestination per Service]

[ insert number of units to besupplied andnameof thephysical unit]

[ insert unit priceperitem]

[insert total priceperitem]

TotalBid Price


Section IV Bidding Forms 5

Form of Bid Security

(BankGuarantee)

[Thebankshall fill in thisBankGuaranteeForm in accordance with the instructionsindicated.]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Purchaser to insert its name and address]

IFB No.: [Purchaser to insert reference number for the Invitation for Bids]

Alternative No.: [Insert identification No if this is a Bid for an alternative]

Date: [Insert date of issue]

BID GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the

letterhead]

We have been informed that ______ [insert name of the Bidder, which in the case of

a joint venture shall be the name of the joint venture (whether legally constituted or

prospective) or the names of all members thereof] (hereinafter called "the Applicant")

has submitted or will submit to the Beneficiary its bid (hereinafter called "the Bid") for

the execution of ________________ under Invitation for Bids No. ___________ (“the

IFB”).

Furthermore, we understand that, according to the Beneficiary’s conditions, bids

must be supported by a bid guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to

pay the Beneficiary any sum or sums not exceeding in total an amount of

___________ (____________) upon receipt by us of the Beneficiary’s complying

demand, supported by the Beneficiary’s statement, whether in the demand itself or a

separate signed document accompanying or identifying the demand, stating that

either the Applicant:

(a) has withdrawn its Bid during the period of bid validity set forth in the Applicant’s

Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the

Applicant; or

(b) having been notified of the acceptance of its Bid by the Beneficiary during the


Bid Validity Period or any extension thereto provided by the Applicant, (i) has

failed to execute the contract agreement, or (ii) has failed to furnish the

performance security, in accordance with the Instructions to Bidders (“ITB”) of

the Beneficiary’s bidding document.

This guarantee will expire: (a) if the Applicant is the successful bidder, upon our

receipt of copies of the contract agreement signed by the Applicant and the

performance security issued to the Beneficiary in relation to such contract agreement;

or (b) if the Applicant is not the successful bidder, upon the earlier of (i) our receipt of

a copy of the Beneficiary’s notification to the Applicant of the results of the bidding

process; or (ii) twenty-eight days after the end of the Bid Validity Period.

Consequently, any demand for payment under this guarantee must be received by

us at the office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG)

2010 Revision, ICC Publication No. 758.

_____________________________

[Signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the f inal product .


Form of Bid Security (Bid Bond)

[TheSuretyshall fill in thisBid Bond Form in accordance with the instructions indicated.]

BONDNO. ______________________

BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and[name, legal title, and address of surety], authorized to transact business in [name ofcountry of Purchaser], as Surety (hereinafter called “the Surety”), are held and firmlybound unto [name of Purchaser] as Obligee (hereinafter called “the Purchaser”) in thesum of [amount of Bond]2 [amount in words], for the payment of which sum, well andtruly to be made, we, the said Principal and Surety, bind ourselves, our successors andassigns, jointlyand severally, firmly by thesepresents.

WHEREAS the Principal hassubmit ted or will submit awrit ten Bid to the Purchaser datedthe ___ day of ______, 20__, for thesupply of [name of Contract] (hereinafter called the“Bid”).

NOW,THEREFORE, THECONDITION OFTHISOBLIGATION is such that if thePrincipal:

(a) has withdrawn its Bid during the period of bid validity set for th in the Principal’sLetter of Bid (“the Bid Validity Period”), or any extension thereto provided by thePrincipal; or

(b) having been notified of theacceptance of its Bid by the Purchaser during the BidValidity Period or any extension thereto provided by the Principal; (i) failed toexecute the contract agreement; or (ii) has failed to furnish the PerformanceSecurity, in accordance with the Instructions to Bidders (“ITB”) of the Purchaser’sbidding document.

then theSuretyundertakes to immediately pay to thePurchaser up to theaboveamountupon receipt of the Purchaser’s first writ ten demand, without the Purchaser having tosubstantiate its demand, provided that in its demand the Purchaser shall state that thedemand arises from theoccurrence of anyof theaboveevents, specifying which event(s)hasoccurred.

The Surety hereby agrees that its obligation will remain in full force and effect up to andincluding thedate 28 daysafter the dateof expiration of the Bid Validity Period set for thin thePrincipal’sLetter of Bid or anyextension theretoprovided by thePrincipal.

IN TESTIMONYWHEREOF, thePrincipal and the Suretyhavecaused these presents to beexecuted in their respectivenamesthis____ dayof ____________ 20__.

2 The amount of the Bond shall be denominated in the currency of the Purchaser’s country or the equivalentamount in a freely convertible currency.


Principal: _______________________ Surety: _____________________________CorporateSeal (where appropriate)

_______________________________ ____________________________________(Signature) (Signature)(Printednameand title) (Printed nameand title)


Form of Bid-Securing Declarat ion

[TheBidder shall fill in thisForm in accordance with the instructionsindicated.]

Date: [date (asday,month andyear) ]Bid No.: [number of bidding process]


To: [completenameof Purchaser]

We, theundersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-

Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding in

any contract with the Purchaser for the period of time of [number of months or years]

starting on [date], if we are in breach of our obligation(s) under the bid conditions,

because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Letter

of Bid; or

(b) having been notified of the acceptance of our Bid by the Purchaser during the

period of bid validity, (i) fail or refuse to execute the Contract; or (ii) fail or

refuse to furnish the Performance Security, if required, in accordance with the

ITB.

We understand this Bid Securing Declaration shall expire if we are not the successful

Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the

successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.

Nameof theBidder*

Nameof thepersonduly authorized to sign theBid on behalf of theBidder** _______

Title of thepersonsigning theBid ______________________


Signatureof thepersonnamedabove ______________________

Datesigned ________________________________ dayof ___________________, _____

*: In thecaseof the Bidsubmit ted by joint venturespecify thename of the Joint Venture asBidder

* *: Person signing theBid shall have the power of at torney given by the Bidder at tached to theBid

[Note: In caseof aJoint Venture, the Bid-SecuringDeclaration must be in the nameof all members to theJoint Venture that submits thebid.]


Manufacturer’sAuthorizat ion

[The Bidder shall require the Manufacturer to fill in this Form in accordance with theinstructions indicated. This let ter of authorization should be on the let terhead of theManufacturer and should be signed by a person with the proper authority to signdocuments that are binding on theManufacturer. The Bidder shall include it in its bid, ifso indicated in theBDS.]



To: [insert completenameof Purchaser]

WHEREAS

We [insert complete name of Manufacturer ], who are official manufacturers of [inserttype of goodsmanufactured], having factories at [insert full address of Manufacturer’sfactories], do hereby authorize [insert complete name of Bidder] to submit a bid thepurpose of which is to provide the following Goods, manufactured by us [insert nameand or brief description of the Goods], and to subsequently negotiate and sign theContract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of theGeneralConditionsof Contract, with respect to theGoodsoffered by theabove firm.

Signed: [insert signature(s) of authorized representative(s) of theManufacturer ]

Name: [insert complete name(s) of authorized representative(s) of theManufacturer ]

Title: [inser t title]

Dated on ____________ dayof __________________, _______ [insert dateof signing]

6

Section V. Eligible Countries

Eligibility for theProvision of Goods,Worksand NonConsult ing Services inBank-Financed Procurement

In reference to ITB 4.7 and 5.1, for the information of the Bidders, at the present timefirms, goods and services from the following countries are excluded from this biddingprocess:

Under ITB4.7(a) and 5.1: [insert alist of thecountries followingapproval by theBank to apply the restrictionor state “none”].

Under ITB4.7(b) and5.1: [insert alist of thecountries followingapproval by theBank to apply the restrictionor state “none”]

6

Section VI. Bank Policy -Corrupt and FraudulentPractices

Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRDLoansand IDACredits& GrantsbyWorld Bank Borrowers,dated January 2011.

“Fraudand Corrupt ion:

1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bankloans), bidders, suppliers, contractors and their agents (whether declared or not),sub-contractors, sub-consultants, service providersor suppliers, and any personnelthereof, observe the highest standard of ethics during the procurement andexecution of Bank-financed contracts.3 In pursuance of thispolicy, theBank:

(a) defines, for the purposes of this provision, the terms set for th below asfollows:

(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directlyor indirectly, of anythingof value to influence improperly theactionsofanother party;4 ;

(ii) “fraudulent practice” is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, or attemptsto mislead, a party to obtain a financial or other benefit or to avoid anobligation;5

(iii) “collusive practice” is an arrangement between two or more partiesdesigned to achieve an improper purpose, including to influenceimproperly theactionsof another party;6

(iv) “coercive practice” is impairing or harming, or threatening to impair orharm, directly or indirectly, any party or the property of the party toinfluence improperly theactionsof aparty;7

3 In this context, any action to influence the procurement process or contract execution for undue advantageis improper.

4 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to theprocurement process or contract execution. In this context, “public official” includes World Bank staff andemployees of other organizations taking or reviewing procurement decisions.

5 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended toinfluence the procurement process or contract execution.

6 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (includingpublic officials) attempting either themselves, or through another person or entity not participating in theprocurement or selection process, to simulate competition or to establish bid prices at artificial, non-


(v) "obstructivepractice" is:

(aa) deliberately destroying, falsifying, altering, or concealing ofevidence material to the investigation or making falsestatements to investigators in order to materially impede aBankinvestigation into allegations of a corrupt, fraudulent, coerciveor collusive practice; and/or threatening, harassing orintimidating any party to prevent it from disclosing itsknowledge of matters relevant to the investigation or frompursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Bank’sinspection and audit rights provided for under paragraph 1.16(e)below.

(b) will reject a proposal for award if it determines that thebidder recommendedfor award, or any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees, has, directlyor indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructivepractices in competing for thecontract in question;

(c) will declaremisprocurement and cancel the portion of the loan allocated to acontract if it determinesat any time that representativesof theBorrower or ofa recipient of any part of the proceeds of the loan engaged in corrupt,fraudulent, collusive, coercive, or obstructive practices during theprocurement or the implementation of the contract in question, without theBorrower having taken timely and appropriate action satisfactory to the Bankto address such practices when they occur, including by failing to inform theBank in a timelymanner at the time theyknew of thepractices;

(d) will sanction a firm or individual, at any time, in accordance with the prevailingBank’s sanctions procedures,8 including by publicly declaring such firm orindividual ineligible, either indefinitely or for a stated period of time: (i) to beawardeda Bank-financedcontract; and (ii) to beanominated9 ;

competitive levels, or are privy to each other’s bid prices or other conditions.7 For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contractexecution.

8 A firm or individual may be declared ineligible to be awarded a Bank financed contract upon: (i)completion of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment as agreed with other International Financial Institutions, including Multilateral DevelopmentBanks, and through the application the World Bank Group corporate administrative procurement sanctionsprocedures for fraud and corruption; and (ii) as a result of temporary suspension or early temporarysuspension in connection with an ongoing sanctions proceeding. See footnote 14 and paragraph 8 ofAppendix 1 of these Guidelines.

9 A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are


(e) will require that a clause be included in bidding documents and in contractsfinanced by aBank loan, requiringbidders, suppliersand contractors, and theirsub-contractors, agents, personnel, consultants, serviceproviders, or suppliers,to permit the Bank to inspect all accounts, records, and other documentsrelating to the submission of bids and contract performance, and to havethemauditedby auditorsappointedby theBank.”

6

PART2 – Supply Requirements

used depending on the particular bidding document) is onewhich has either been: (i) included by the bidderin its pre-qualification application or bid because it brings specific and critical experience and know-howthat allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by theBorrower.

6

Section VII. Schedule of Requirements

Contents

1. List of Goodsand Delivery Schedule.................................................................................63

2. List of Related Services and Complet ion Schedule ......................................................64

3. Technical Specif icat ions...................................................................................................65

4. Drawings...........................................................................................................................69

5. Inspect ionsand Tests.......................................................................................................70

7

1. List of Goods and Delivery Schedule

[ThePurchaser shall fill in this table,with theexception of thecolumn “Bidder ’soffered Deliverydate” to be filled by theBidder]

LineItem

N

Description of Goods Quantity Physicalunit

Final (Project Site)Dest ination asspecified in BDS

Delivery (as per Incoterms) Date

EarliestDelivery Date

Latest DeliveryDate

Bidder’s offeredDelivery date [to beprovided by the bidder]

1 Foot and MouthDisease (FMD)Vaccine

500,000 Doses Hill Plaza,Building,1othfloor,NgongRoad,Nairobi

4weeks 13weeks

2 ContagiousBovinePleuropneumonia(CBPP) Vaccine

2,000,000 Doses Hill Plaza,Building,1othfloor,NgongRoad,Nairobi

4weeks 13weeks

3 ContagiousCaprinePleuropneumonia(CCPP) Vaccine


4weeks 13weeks

4 PesteDesPetitsRuminants(PPR)Vaccine


4weeks 13weeks

2. List of Related Servicesand Complet ion Schedule

Service Description of Service Quantity1 Physical Unit

Placewhere Servicesshall beperformed

Final Complet ionDate(s) of Services

[insertServiceNo]

[insert descript ion of Related Services] [insert quant ityof itemsto besupplied]

[insertphysical unitfor the items]

[insert nameof thePlace] [insert requiredComplet ionDate(s)]

Lot 1 Inspection and testing 500,000 Doses Director of Veterinary 1week after


Services, Kabete,Nairobi delivery

Lot 2 Inspection and testing 2,000,000 Doses Director of VeterinaryServices, Kabete,Nairobi

1week afterdelivery

Lot 3 Inspection and testing 2,000,000 Doses Director of VeterinaryServices, Kabete,Nairobi

1week afterdelivery

Lot 4 Inspection and testing, 3,000,000 Doses Director of VeterinaryServices, Kabete,Nairobi

1week afterdelivery

7

3. Technical Specif icat ions

The purposeof theTechnical Specifications (TS), is to define the technical characteristicsof theGoodsand Related Services required by thePurchaser.ThePurchaser shall preparethedetailed TStake into account that:

The TS constitute the benchmarks against which the Purchaser will verify thetechnical responsivenessof bidsand subsequentlyevaluate thebids. Therefore, well-defined TS will facilitate preparation of responsive bids by bidders, as well asexamination, evaluation,and comparisonof thebidsby thePurchaser.

The TSshall require that all goods andmaterials to be incorporated in the goodsbenew, unused, and of themost recent or current models, and that they incorporateallrecent improvements in design and materials, unless provided for otherwise in thecontract.

The TS shall make use of best practices. Samples of specifications from successfulsimilar procurements in the same country or sector may provide a sound basis fordrafting theTS.

TheBank encourages theuseof metric units.

Standardizing technical specifications may be advantageous, depending on thecomplexity of the goods and the repetitiveness of the type of procurement.Technical Specifications should be broad enough to avoid restrictions onworkmanship, materials, and equipment commonly used in manufacturing similarkindsof goods.

Standards for equipment, materials, and workmanship specified in the BiddingDocuments shall not be restrictive. Recognized international standards should bespecified as much as possible. Reference to brand names, catalogue numbers, orother details that limit any materials or items to a specific manufacturer should beavoided as far as possible. Where unavoidable, such item description should alwaysbe followed by the words “or substantially equivalent.” When other particularstandardsor codes of practiceare referred to in theTS, whether from theBorrower’sor from other eligible countries, a statement should follow other authoritativestandards that ensure at least a substantially equal quality, then the standardsmentioned in theTSwill alsobe acceptable.

Reference to brand names and catalogue numbers should be avoided as far aspossible; where unavoidable the words “or at least equivalent” shall always followsuch references.

Technical Specifications shall be fully descriptive of the requirements in respect of,


but not limited to, the following:

(a) Standards of materials and workmanship required for the production andmanufacturingof theGoods.

(b) Detailed tests required ( typeand number).

(c) Other additional work and/or Related Services required to achieve fulldelivery/completion.

(d) Detailed activities to beperformed by theSupplier, and participation of thePurchaser thereon.

(e) List of detailed functional guarantees covered by the Warranty and thespecification of the liquidated damages to be applied in the event thatsuchguaranteesarenot met.

The TS shall specify all essential technical and performance characteristics andrequirements, including guaranteed or acceptable maximum or minimum values, asappropriate. Whenever necessary, the Purchaser shall include an additional ad-hocbidding form (to be an Attachment to the Bid Submission Sheet), where the Biddershall provide detailed information on such technical performance characteristics inrespect to thecorrespondingacceptableor guaranteed values.

When the Purchaser requests that the Bidder provides in its bid a part or all of theTechnical Specifications, technical schedules, or other technical information, thePurchaser shall specify in detail the nature and extent of the required information andthemanner in which it has to bepresented by theBidder in itsbid.

[If a summary of the Technical Specifications (TS) has to be provided, thePurchaser shallinser t information in the table below. The Bidder shall prepare a similar table to justifycompliancewith therequirements]

“Summary of Technical Specif icat ions. TheGoodsand Related Services shall comply withfollowing Technical Specificationsand Standards:

Vaccinesproducersand suppliersshould complywith theInternational Standardsdescribed in theWorld Organization for Animal Health (OIE) Manual of Diagnostic Testsand Vaccines for Terrestrial Animals20141 , and notably its (i) Chapter 1.1.6.– Principlesof VeterinaryVaccinesproduction, (ii) Chapter 2.1.5.– Foot-and-MouthDiseaseandnotably thesection C.– Requirements for Vaccines, (iii) Chapter 2.4.9.– ContagiousBovinePleuropneumonia andnotably thesection C.– Requirements for Vaccines, (iv)Chapter 2.7.6.–ContagiousCaprinePleuropneumoniaand notably thesection C.–Requirements for Vaccines, and (v)Chapter 2.7.11. –PestedesPetitsRuminantsandnotably thesection C.– Requirements for Vaccines.


Detailed Technical Specif icat ionsand Standards

Item No Nameof GoodsorRelated Service

Technical Specif icat ionsand Standards

Lot No:1 Foot andMouthDisease(FMD)Vaccine

a) Should contain chemically inactivated, tissueculturederived FMDvirusstrainsquadrivalent; -A,O,SAT1and SAT2vaccinematchedwith localfieldstrains in Kenya.

b)Dosageof 3ml per animal in cattleandadministeredsubcutaneously.

c) Packed in 80-dosevials.

d) The vaccineshould besupplied withtemperaturemonitoring stripsand storageshouldbebetween +20Cand+80C(refrigeration).

Lot No:2 ContagiousBovinePleuropneumonia(CBPP) Vaccine

a) Freeze-dried liveattenuated ContagiousBovinePleuropneumoniavaccinepreparedfromMycoplasmamycoidesmycoides strain T1/44 (a naturallymild strain).

b) The vaccineshould beaccompanied bysterilediluent used to re-hydrate the freeze-dried component.

c) Each vaccinal doseuponreconstitutionshouldcontain aminimumof 107viablemycoplasmas.

d) It shouldbe administeredvia thesubcutaneousrouteat the tip of the tail tocattleof at least 6monthsof ageat the rateof0.5ml per animal

e) Packed in 100-dosevialspacked togetherwith thecorrespondingdiluent.

f) Thevaccine shouldbe supplied withtemperaturemonitoring stripsand stored at


minus twentydegreesCelsius(-200C)-Freezer.

Lot No:3 ContagiousCaprinePlearopnemonia(CCPP) Vaccine

a) Inactivated ContagiousCaprinePleuropneumoniavaccineprepared fromMycoplasmacapricolumsubspeciescapripneumoniae (Mccp),originally knownastheF38 biotype.

b) Should be a local isolatepacked in 50 doseor 100 dosevials.

c) Thedosageshould be1ml per goat andadministeredsubcutaneously.

d) The vaccineshould besupplied withtemperaturemonitoring stripsand storageshouldbebetween +20Cand+80C(refrigeration).

Lot No:4 PesteDesPetitsRuminants(PPR)Vaccine.

a) Freeze-dried liveattenuated PPRvirusvaccineprepared from theNigerianstrain 75/1which is thecirculating local strain in Kenya.

b) It shouldcontain not less than10 2.5TCID50per 1ml dose.

c) The freeze dried vaccineshouldbeaccompanied bysterilediluent used to re-hydrate the freeze-dried component.

d) It shouldbe administeredvia thesubcutaneousroute to goatsand sheep of atleast 4monthsof ageat the rateof 1ml peranimal.

e) Packed in 50-doseand100-dosevialspackedtogetherwith thecorrespondingdiluent.

f) Thevaccine shouldbe supplied withtemperaturemonitoring stripsand stored atminus twentydegreesCelsius(-200C) -Freezer.

a) Samples for each vaccineshould besubmit ted with thebid documentsfortechnical evaluation.b) Thevaccineshould be registered for use in Kenyaor authorised for useinKenyaby theDirector of Veterinary Services Kenya


4. Drawings

TheseBidding Documents includes [insert “the following” or “no”] drawings.

[If documentsshall be included, insert the following List ofDrawings]

List of Drawings

Drawing Nr. Drawing Name Purpose


5. Inspect ionsand Tests

The following inspectionsand testsshall be performed:Aselect committee by theprincipal Secretaryshall inspect thegoodssupplied andconfirm that the livestockvaccinesmeet or exceed the requisitespecifications.Thecommittee shall constitute technical experts in LivestockVaccines

7

PART3-Contract

7

Section VIII. General Conditionsof Contract

Table of Clauses

1. Def init ions.........................................................................................................................75

2. Contract Documents........................................................................................................ 76

3. Fraudand Corrupt ion.......................................................................................................76

4. Interpretat ion...................................................................................................................76

5. Language...........................................................................................................................78

6. Joint Venture,Consortiumor Association..................................................................... 78

7. Eligibility........................................................................................................................... 78

8. Not ices...............................................................................................................................78

9. GoverningLaw..................................................................................................................79

10. Sett lement of Disputes.................................................................................................... 79

11. Inspect ionsand Audit by theBank................................................................................. 80

12. Scope of Supply................................................................................................................80

13. Delivery andDocuments..................................................................................................80

14. Supplier’sResponsibilit ies.............................................................................................. 80

15. Contract Price...................................................................................................................80

16. Terms of Payment............................................................................................................80

17. Taxesand Duties............................................................................................................... 81

18. PerformanceSecurity.......................................................................................................81

3-8 Section VIII – General Conditions of Contract

19. Copyright.......................................................................................................................... 82

20. Conf ident ial Informat ion.................................................................................................82

21. Subcontract ing................................................................................................................. 83

22. Specif icat ionsand Standards.......................................................................................... 83

23. Packing andDocuments.................................................................................................. 84

24. Insurance.......................................................................................................................... 84

25. Transportation and Incidental Services......................................................................... 84

26. Inspect ionsand Tests.......................................................................................................85

27. Liquidated Damages........................................................................................................ 86

28. Warranty........................................................................................................................... 87

29. Patent Indemnity..............................................................................................................87

30. Limitat ionof Liability.......................................................................................................89

31. Change in LawsandRegulat ions.................................................................................... 89

32. ForceMajeure...................................................................................................................89

33. ChangeOrders andContract Amendments................................................................... 90

34. Extensionsof Time........................................................................................................... 91

35. Terminat ion.......................................................................................................................91

36. Assignment.......................................................................................................................93

37. Export Restrict ion............................................................................................................ 93

Section VIII – General Conditions of Contract 3-8

Sect ionVIII. General Condit ionsof Contract

1. Def init ions 1.1 The following words and expressions shall have themeaningshereby assigned to them:

(a) “Bank” means the World Bank and refers to theInternational Bank for Reconstruction andDevelopment (IBRD) or the International DevelopmentAssociation (IDA).

(b) “Contract”means the Contract Agreement entered intobetween thePurchaser and theSupplier, together withthe Contract Documents referred to therein, includingall at tachments, appendices, and all documentsincorporated by reference therein.

(c) “Contract Documents” means the documents listed inthe Contract Agreement, including any amendmentsthereto.

(d) “Contract Price” means the price payable to theSupplier as specified in the Contract Agreement,subject to such additions and adjustments thereto ordeductions therefrom, asmay bemade pursuant to theContract.

(e) “Day”meanscalendar day.

(f) “Completion” means the fulfillment of the RelatedServices by the Supplier in accordance with the termsand conditionsset for th in theContract.

(g) “GCC”means theGeneral Conditionsof Contract.

(h) “Goods” means all of the commodities, raw material,machinery and equipment, and/or other materials thatthe Supplier is required to supply to the Purchaserunder theContract.

(i) “Purchaser’s Country” is the country specified in theSpecial Conditionsof Contract (SCC).

(j) “Purchaser”means theentitypurchasing theGoodsandRelated Services, asspecified in theSCC.

(k) “Related Services”means the services incidental to thesupply of the goods, such as insurance, installation,training and initial maintenance and other suchobligationsof theSupplier under theContract.

(l) “SCC”means theSpecial ConditionsofContract.

(m) “Subcontractor” means any person, private orgovernment entity, or a combination of the above, towhom any part of the Goods to be supplied orexecution of any part of the Related Services issubcontracted by theSupplier.

(n) “Supplier” means the person, private or governmententity, or a combination of the above, whose bid toperform the Contract has been accepted by the

2. ContractDocuments

2.1 Subject to the order of precedence set forth in the ContractAgreement, all documents forming the Contract (and all partsthereof) are intended to be correlative, complementary, andmutually explanatory. TheContract Agreement shall be read asawhole.

3. Corrupt andFraudulentPract ices

3.1 The Bank requires compliance with its policy in regard tocorrupt and fraudulent practices as set for th in Appendix totheGCC.

3.2 The Purchaser requires the Supplier to disclose anycommissions or fees that may have been paid or are to bepaid to agentsor anyother party with respect to thebiddingprocess or execution of the Contract. The informationdisclosed must include at least the name and addressof theagent or other party, the amount and currency, and thepurposeof thecommission, gratuityor fee.

4. Interpretat ion 4.1 If the context so requires it, singular means plural and viceversa.


4.2 Incoterms

(a) Unless inconsistent with any provision of the Contract,the meaning of any trade term and the rights andobligations of parties thereunder shall be asprescribedby Incoterms.

(b) The termsEXW, CIP, FCA, CFRand other similar terms,when used, shall be governed by the rulesprescribed inthe current edition of Incoterms specified in the SCCand published by the International Chamber ofCommerce in Paris, France.

4.3 EntireAgreement

The Contract consti tutes the entire agreement between thePurchaser and the Supplier andsupersedesall communications,negotiations and agreements (whether written or oral) of thepartieswith respect theretomadeprior to thedateofContract.

4.4 Amendment

No amendment or other variation of the Contract shall bevalidunless it is in writing, is dated, expressly refers to theContract,and issigned by a duly authorized representative of each partythereto.

4.5 Nonwaiver

(a) Subject to GCCSub-Clause 4.5(b) below, no relaxation,forbearance, delay, or indulgence by either party inenforcing any of the terms and conditions of theContract or the granting of time by either party to theother shall prejudice, affect, or restrict the rights ofthat party under the Contract, neither shall any waiverby either party of any breach of Contract operate aswaiver of any subsequent or continuing breach ofContract.

(b) Any waiver of a party’s rights, powers, or remediesunder the Contract must be in writing, dated, andsigned by an authorized representative of the partygranting such waiver, and must specify the right andtheextent to which it isbeing waived.

4.6 Severability


I f any provision or condition of the Contract is prohibited orrendered invalid or unenforceable, such prohibition, invalidi tyor unenforceability shall not affect thevalidi ty or enforceabili tyof anyother provisionsand conditionsof theContract.

5. Language 5.1 The Contract as well as all correspondence and documentsrelating to the Contract exchanged by the Supplier and thePurchaser, shall bewritten in the languagespecified in theSCC.Supporting documents and printed literature that are part ofthe Contract may be in another language provided they areaccompanied by an accurate translation of the relevantpassages in the languagespecified, in which case, for purposesof interpretationof theContract, this translationshall govern.

5.2 TheSupplier shall bear all costsof translation to thegoverninglanguage and all risks of the accuracy of such translation, fordocumentsprovidedby theSupplier.

6. Joint Venture,ConsortiumorAssociation

6.1 If the Supplier is a joint venture, consortium, or association, allof the parties shall be jointly and severally liable to thePurchaser for the fulfillment of the provisions of the Contractand shall designate one party to act as a leader with authori tyto bind the joint venture, consortium, or association. Thecomposition or the constitution of the joint venture,consortium, or association shall not be altered without theprior consent of thePurchaser.

7. Eligibility 7.1 TheSupplier and itsSubcontractorsshall have the nationalityofan eligible country. A Supplier or Subcontractor shall bedeemed to have the nationality of a country if i t is a citizen orconstituted, incorporated, or registered, and operates inconformity with theprovisionsof the lawsof that country.

7.2 All Goods and Related Services to be supplied under theContract and financed by the Bank shall have their origin inEligible Countries. For the purpose of this Clause, origin meansthe country where the goods have been grown, mined,cultivated, produced, manufactured, or processed; or throughmanufacture, processing, or assembly, another commerciallyrecognized article results that differs substantially in its basiccharacteristics from itscomponents.

8. Not ices 8.1 Any notice given by one party to the other pursuant to theContract shall be in writing to theaddressspecified in theSCC.


The term “in writing” means communicated in writ ten formwithproof of receipt.

8.2 A notice shall be effective when delivered or on the notice’seffective date,whichever is later.

9. GoverningLaw 9.1 The Contract shall be governed by and interpreted inaccordance with the laws of the Purchaser’s Country, unlessotherwisespecified in theSCC.

9.2 Throughout the execution of the Contract, the Contractorshall comply with the import of goods and servicesprohibitions in theEmployer’scountry when

(a) as a matter of law or official regulations, the Borrower’scountry prohibitscommercial relationswith that country; or

9.2 (b) by an act of compliance with a decision of the UnitedNationsSecurityCouncil takenunder Chapter VII of the Charterof the United Nations, the Borrower’s Country prohibits anyimport of goods from that country or any payments to anycountry,person,or enti ty in that country.

10 Sett lement ofDisputes

10.1 The Purchaser and the Supplier shall make every effort toresolve amicably by direct informal negotiation anydisagreement or dispute arising between them under or inconnection with theContract.

10.2 I f, after twenty-eight (28) days, the parties have failed toresolve their disputeor differencebysuchmutual consultation,then either the Purchaser or the Supplier may give notice tothe other party of its intention to commence arbitration, ashereinafter provided, as to the matter in dispute, and noarbitration in respect of thismatter maybecommenced unlesssuch notice is given. Any dispute or difference in respect ofwhich anotice of intention to commence arbitration hasbeengiven in accordance with this Clause shall be finally settled byarbitration. Arbitration may be commenced prior to or afterdelivery of the Goods under the Contract. Arbitrationproceedingsshall be conducted inaccordancewith the rulesofprocedurespecified in theSCC.

10.3 Notwithstandinganyreference to arbitrationherein,

(a) the parties shall continue to perform their respective


obligations under the Contract unless they otherwiseagree; and

(b) the Purchaser shall pay the Supplier anymonies due theSupplier.

11. Inspect ionsandAudit by theBank

11.1 The Supplier shall keep, andshall make all reasonableefforts tocause its Subcontractors to keep, accurate and systematicaccountsand records in respect of theGoods in such form anddetailsaswill clearly identify relevant timechangesand costs.

11.2 The Supplier shall permit, and shall cause itsSubcontractors topermit, the Bank and/or persons appointed by the Bank toinspect the Supplier’s offices and all accounts and recordsrelating to the performance of the Contract and thesubmission of the bid, and to have such accounts and recordsaudited by auditors appointed by the Bank if requested by theBank. The Supplier’s and its Subcontractors and consultants’attention is drawn to Clause 3 [Fraud and Corruption], whichprovides, inter alia, that actsintended tomaterially impede theexercise of the Bank’s inspection and audit rights provided forunder this Sub-Clause 11.1 constitute a prohibited practicesubject to contract termination (as well as to a determinationof ineligibility pursuant to the Bank’s prevailing sanctionsprocedures)

12. Scopeof Supply 12.1 The Goods and Related Services to be supplied shall be asspecified in theScheduleof Requirements.

13. Delivery andDocuments

13.1 Subject to GCCSub-Clause 33.1, the Delivery of the Goods andCompletion of theRelated Servicesshall be in accordancewiththe Delivery and Completion Schedule specified in theSchedule of Requirements. The details of shipping and otherdocuments to be furnished by theSupplier are specified in theSCC.

14. Supplier’sResponsibilit ies

14.1 The Supplier shall supply all the Goods and Related Servicesincluded in the Scope of Supply in accordance with GCCClause12, and the Delivery and Completion Schedule, as per GCCClause13.

15 Contract Price 15.1 Prices charged by the Supplier for the Goods supplied and the


Related Services performed under the Contract shall not varyfrom the prices quoted by the Supplier in its bid, with theexceptionof anypriceadjustmentsauthorized in theSCC.

16. TermsofPayment

16.1 The Contract Price, including any Advance Payments, ifapplicable, shall bepaidasspecified in theSCC.

16.2 The Supplier’s request for payment shall be made to thePurchaser in writing, accompanied by invoices describing, asappropriate, the Goods delivered and Related Servicesperformed, and by the documents submitted pursuant to GCCClause 13 and upon fulfillment of all other obligationsstipulated in theContract.

16.3 Payments shall bemade promptly by the Purchaser, but in nocase later than sixty (60) daysafter submission of an invoiceorrequest for payment by the Supplier, and after the Purchaserhasaccepted it.

16.4 The currencies in which payments shall be made to theSupplier under this Contract shall be those in which the bidprice isexpressed.

16.5 In the event that the Purchaser fails to pay the Supplier anypayment by its due date or within the period set forth in theSCC, the Purchaser shall pay to the Supplier interest on theamount of such delayed payment at the rateshown in theSCC,for the period of delay until payment has been made in full,whether beforeor after judgment or arbitrageaward.

17. TaxesandDuties

17.1 For goodsmanufactured outside the Purchaser’s Country, theSupplier shall beentirely responsible for all taxes, stamp duties,license fees, and other such levies imposed outside thePurchaser’sCountry.

17.2 For goods Manufactured within the Purchaser’s country, theSupplier shall be entirely responsible for all taxes, duties,license fees, etc., incurred until delivery of the contractedGoods to thePurchaser.

17.3 If any tax exemptions, reductions, allowancesor privilegesmaybe available to the Supplier in the Purchaser’s Country, thePurchaser shall use its best efforts to enable the Supplier tobenefit from any such tax savings to the maximum allowable


extent.

18. PerformanceSecurity

18.1 If required as specified in the SCC, the Supplier shall, withintwenty-eight (28) days of the notification of contract award,provide a performance security for the performance of theContract in theamount specified in theSCC.

18.2 The proceeds of the Performance Security shall be payable tothe Purchaser as compensation for any loss resulting from theSupplier’s failure to complete its obligations under theContract.

18.3 As specified in the SCC, the Performance Security, if required,shall be denominated in the currency(ies) of theContract, or ina freely convertible currency acceptable to the Purchaser; andshall be in one of the format stipulated by the Purchaser in theSCC, or inanother format acceptable to thePurchaser.

18.4 The Performance Securityshall be discharged by thePurchaserand returned to the Supplier not later than twenty-eight (28)days following the date of Completion of the Supplier’sperformance obligations under the Contract, including anywarrantyobligations,unlessspecified otherwise in theSCC.

19. Copyright 19.1 The copyright in all drawings, documents, and other materialscontaining dataand information furnished to the Purchaser bythe Supplier herein shall remain vested in the Supplier, or, ifthey are furnished to the Purchaser directly or through theSupplier byany third party, including suppliersof materials, thecopyright in such materials shall remain vested in such thirdparty

20. Conf ident ialInformat ion

20.1 ThePurchaser and the Supplier shall keep confidential and shallnot, without the writ ten consent of the other party hereto,divulge to any third party any documents, data, or otherinformation furnished directly or indirectly by the other partyhereto in connection with the Contract, whether suchinformation has been furnished prior to, during or followingcompletion or termination of the Contract. Notwithstandingthe above, the Supplier may furnish to its Subcontractor suchdocuments, data, and other information it receives from thePurchaser to the extent required for the Subcontractor toperform its work under the Contract, in which event theSupplier shall obtain from such Subcontractor an undertaking


of confidentialitysimilar to that imposed on theSupplier underGCCClause20.

20.2 The Purchaser shall not use such documents, data, and otherinformation received from the Supplier for any purposesunrelated to the contract. Similarly, the Supplier shall not usesuch documents, data, and other information received fromthe Purchaser for any purpose other than the performance oftheContract.

20.3 The obligation of a party under GCCSub-Clauses 20.1and 20.2above, however,shall not apply to information that:

(a) the Purchaser or Supplier need to share with the Bankor other institutions participating in the financing oftheContract;

(b) now or hereafter enters the public domain through nofault of that party;

(c) can be proven to havebeen possessed by that party atthe time of disclosure and which was not previouslyobtained, directlyor indirectly, from theother party; or

(d) otherwise lawfully becomes available to that partyfrom a third party that has no obligation ofconfidentiality.

20.4 The above provisions of GCCClause 20 shall not in any waymodifyanyundertaking of confidentiality given by either of theparties hereto prior to the date of the Contract in respect oftheSupplyor anypart thereof.

20.5 The provisions of GCC Clause 20 shall survive completion ortermination, for whatever reason,of theContract.

21. Subcontract ing 21.1 The Supplier shall notify the Purchaser in writing of allsubcontracts awarded under the Contract if not alreadyspecified in the bid. Such notification, in theoriginal bid or latershall not relieve the Supplier from any of itsobligations, duties,responsibilities, or liability under theContract.

21.2 Subcontractsshall comply with the provisionsof GCCClauses3and 7.

22. Specif icat ionsandStandards

22.1 Technical SpecificationsandDrawings

(a) The Goods and Related Services supplied under this


Contract shall conform to the technical specificationsand standards mentioned in Section VI, Schedule ofRequirements and, when no applicable standard ismentioned, the standard shall be equivalent orsuperior to the official standards whose application isappropriate to theGoods’ countryof origin.

(b) The Supplier shall be entitled to disclaim responsibilityfor any design, data, drawing, specification or otherdocument, or any modification thereof provided ordesigned by or on behalf of the Purchaser, by giving anotice of such disclaimer to thePurchaser.

(c) Wherever references are made in the Contract tocodes and standards in accordance with which it shallbe executed, the edition or the revised version of suchcodes and standards shall be those specified in theSchedule of Requirements. During Contract execution,any changes in any such codes and standards shall beapplied only after approval by the Purchaser and shallbe treated in accordance with GCCClause33.

23. PackingandDocuments

23.1 The Supplier shall provide such packing of the Goods as isrequired to prevent their damage or deterioration duringtransit to their final destination, as indicated in the Contract.During transit, the packing shall be sufficient to withstand,without limitation, rough handling and exposure to extremetemperatures, salt and precipitation, and open storage.Packing case size and weights shall take into consideration,where appropriate, the remoteness of the goods’ finaldestination and the absence of heavy handling facilities at allpoints in transit.

23.2 The packing, marking, and documentation within and outsidethe packages shall comply strictly with such specialrequirementsasshall beexpresslyprovided for in theContract,including additional requirements, i f any, specified in the SCC,and inanyother instructionsordered by thePurchaser.

24. Insurance 24.1 Unless otherwise specified in the SCC, the Goods suppliedunder the Contract shall be fully insured—in a freelyconvertible currency from an eligible country—against loss ordamage incidental to manufacture or acquisition,transportation, storage, and delivery, in accordance with the


applicable Incotermsor in themanner specified in theSCC.

25. Transportationand IncidentalServices

25.1 Unless otherwise specified in the SCC, responsibility forarranging transportation of the Goods shall be in accordancewith thespecified Incoterms.

25.2 The Supplier may be required to provide any or all of thefollowing services, including additional services, if any,specif ied in SCC:

(a) performance or supervision of on-site assembly and/orstartup of thesupplied Goods;

(b) furnishing of tools required for assembly and/ormaintenance of thesupplied Goods;

(c) furnishing of a detailed operations and maintenancemanual for each appropriateunit of thesupplied Goods;

(d) performance or supervision or maintenance and/orrepair of thesupplied Goods, for aperiod of time agreedby the parties, provided that thisservice shall not relievethe Supplier of any warranty obligations under thisContract; and

(e) training of the Purchaser’s personnel, at the Supplier’splant and/or on-site, in assembly, start-up, operation,maintenance, and/or repair of thesupplied Goods.

25.3 Prices charged by the Supplier for incidental services, if notincluded in the Contract Price for the Goods, shall be agreedupon in advance by the parties and shall not exceed theprevailing rates charged to other parties by the Supplier forsimilar services

26. Inspect ionsandTests

26.1 The Supplier shall at i ts own expense and at no cost to thePurchaser carry out all such tests and/or inspections of theGoodsand Related Servicesasarespecified in theSCC.

26.2 The inspections and testsmay be conducted on the premisesof the Supplier or itsSubcontractor, at point of delivery, and/orat the Goods’ final destination, or in another place in thePurchaser’s Country as specified in the SCC. Subject to GCCSub-Clause 26.3, if conducted on the premises of the Supplieror its Subcontractor, all reasonable facilities and assistance,including access to drawings and production data, shall be


furnished to the inspectorsat nocharge to thePurchaser.

26.3 The Purchaser or itsdesignated representative shall beentitledto attend the tests and/or inspections referred to in GCCSub-Clause 26.2, provided that the Purchaser bear all of its owncosts and expenses incurred in connection with suchattendance including, but not limited to, all traveling andboardand lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test andinspection, i t shall give a reasonable advance notice, includingthe place and time, to the Purchaser. The Supplier shall obtainfrom any relevant third party or manufacturer any necessarypermission or consent to enable the Purchaser or itsdesignated representative toattend the test and/or inspection.

26.5 The Purchaser may require the Supplier to carry out any testand/or inspection not required by the Contract but deemednecessary to verify that the characteristicsand performanceofthe Goods comply with the technical specifications codes andstandards under the Contract, provided that the Supplier’sreasonable costs and expenses incurred in the carrying out ofsuch test and/or inspectionshall beadded to theContract Price.Further, if such test and/or inspection impedes theprogressofmanufacturing and/or the Supplier’s performance of its otherobligationsunder the Contract, due allowance will be made inrespect of the Delivery Dates and Completion Dates and theother obligationsso affected.

26.6 The Supplier shall provide the Purchaser with a report of theresultsof any such test and/or inspection.

26.7 The Purchaser may reject any Goods or any part thereof thatfail to passany test and/or inspectionor do not conform to thespecifications. The Supplier shall either rectify or replace suchrejected Goodsor parts thereof or make alterationsnecessarytomeet thespecificationsat nocost to thePurchaser, and shallrepeat the test and/or inspection, at no cost to the Purchaser,upongivinganoticepursuant to GCCSub-Clause26.4.

26.8 The Supplier agrees that neither the execution of a test and/orinspection of the Goods or any part thereof, nor theattendance by the Purchaser or i ts representative, nor theissue of any report pursuant to GCC Sub-Clause 26.6, shallrelease the Supplier from any warranties or other obligationsunder theContract.


27. LiquidatedDamages

27.1 Except as provided under GCCClause 32, if the Supplier fails todeliver any or all of the Goods by the Date(s) of delivery orperform theRelated Services within the period specified in theContract, the Purchaser may without prejudice to all its otherremedies under the Contract, deduct from the Contract Price,as liquidated damages, a sum equivalent to the percentagespecified in theSCCof thedeliveredpriceof thedelayedGoodsor unperformed Services for each week or part thereof ofdelay until actual delivery or performance, up to a maximumdeduction of the percentage specified in those SCC. Once themaximum is reached, the Purchaser may terminate theContract pursuant to GCCClause35.

28. Warranty 28.1 The Supplier warrants that all theGoodsare new, unused, andof the most recent or current models, and that theyincorporate all recent improvements in design and materials,unlessprovidedotherwise in theContract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier furtherwarrants that theGoodsshall be free fromdefectsarising fromany act or omission of the Supplier or arising from design,materials, and workmanship, under normal use in theconditionsprevailing in thecountryof final destination.

28.3 Unless otherwise specified in the SCC, the warranty shallremain valid for twelve (12) months after the Goods, or anyportion thereof as thecasemaybe, havebeendelivered to andaccepted at the final destination indicated in the SCC, or foreighteen (18) monthsafter thedateof shipment from the portor place of loading in the country of origin, whichever periodconcludesearlier.

28.4 The Purchaser shall give notice to the Supplier stating thenature of any such defects together with all available evidencethereof, promptly following the discovery thereof. ThePurchaser shall afford all reasonable opportunity for theSupplier to inspect such defects.

28.5 Upon receipt of such notice, the Supplier shall, within theperiod specified in the SCC, expeditiously repair or replace thedefectiveGoodsor parts thereof, at no cost to the Purchaser.

28.6 If having been notified, the Supplier fails to remedy the defectwithin the period specified in the SCC, the Purchaser mayproceed to take within a reasonable period such remedial


action asmay be necessary, at the Supplier’s risk and expenseand without prejudice to any other rights which the Purchasermayhaveagainst theSupplier under theContract.

29. PatentIndemnity

29.1 The Supplier shall, subject to the Purchaser’scompliance withGCC Sub-Clause 29.2, indemnify and hold harmless thePurchaser and itsemployeesand officers from and against anyand all suits, actions or administrative proceedings, claims,demands, losses, damages, costs, and expensesof any nature,including attorney’s fees and expenses, which the Purchasermay suffer as a result of any infringement or allegedinfringement of any patent, utility model, registered design,trademark, copyright, or other intellectual property rightregistered or otherwise existing at the date of the Contract byreason of:

(a) the installation of the Goodsby the Supplier or the useof the Goods in the country where the Site is located;and

(b) thesale in anycountry of theproductsproduced by theGoods.

Such indemnity shall not cover any use of the Goodsor anypart thereof other than for thepurpose indicated by or to bereasonably inferred from the Contract, neither anyinfringement resulting from theuseof theGoodsor anypartthereof, or any products produced thereby in association orcombination with any other equipment, plant, or materialsnot supplied by theSupplier, pursuant to theContract.

29.2 If anyproceedingsarebrought or any claim ismadeagainst thePurchaser arising out of the matters referred to in GCC Sub-Clause 29.1, the Purchaser shall promptly give the Supplier anotice thereof, and the Supplier may at itsown expense and inthe Purchaser’s name conduct such proceedings or claim andany negotiations for thesettlement of anysuch proceedingsorclaim.

29.3 If the Supplier fails to notify the Purchaser within twenty-eight(28) daysafter receipt of such notice that i t intends to conductany such proceedingsor claim, then thePurchaser shall be freeto conduct thesameon itsownbehalf.

29.4 The Purchaser shall, at the Supplier’s request, afford allavailable assistance to the Supplier in conducting such


proceedings or claim, and shall be reimbursed by the Supplierfor all reasonableexpenses incurred in so doing.

29.5 The Purchaser shall indemnify and hold harmless the Supplierand its employees, officers, and Subcontractors from andagainst any and all suits, actionsor administrativeproceedings,claims, demands, losses, damages, costs, and expenses of anynature, including attorney’s fees and expenses, which theSupplier may suffer as a result of any infringement or allegedinfringement of any patent, utility model, registered design,trademark, copyright, or other intellectual property rightregistered or otherwise existing at the date of the Contractarising out of or in connection with any design, data, drawing,specification, or other documents or materials provided ordesignedbyor on behalf of thePurchaser.

30 Limitat ionofLiability

30.1 Except in casesof criminal negligenceorwillfulmisconduct,

(a) the Supplier shall not be liable to the Purchaser,whether in contract, tor t, or otherwise, for any indirector consequential loss or damage, loss of use, loss ofproduction, or lossof profits or interest costs, providedthat this exclusion shall not apply to any obligation oftheSupplier to pay liquidated damages to thePurchaserand

(b) the aggregate liability of the Supplier to the Purchaser,whether under the Contract, in tor t or otherwise, shallnot exceed the total Contract Price, provided that thislimitation shall not apply to the cost of repairing orreplacing defective equipment, or to any obligation ofthe supplier to indemnify thepurchaser with respect topatent infringement

31. Change in LawsandRegulat ions

31.1 Unless otherwise specified in the Contract, if after the date of28 days prior to date of Bid submission, any law, regulation,ordinance, order or bylaw having the force of law is enacted,promulgated, abrogated, or changed in the place of thePurchaser’s country where the Site is located (which shall bedeemed to include any change in interpretation or applicationby the competent authorities) that subsequently affects theDelivery Date and/or the Contract Price, then such DeliveryDate and/or Contract Price shall be correspondingly increasedor decreased, to theextent that theSupplier has therebybeenaffected in theperformanceof any of itsobligationsunder the


Contract. Notwithstanding the foregoing, such additional orreduced cost shall not be separately paid or credited if thesame has already been accounted for in the price adjustmentprovisionswhereapplicable, inaccordancewith GCCClause15.

32. ForceMajeure 32.1 The Supplier shall not be liable for for feitureof itsPerformanceSecurity, liquidated damages, or termination for default if andto the extent that i ts delay in performance or other failure toperform its obligations under the Contract is the result of anevent of ForceMajeure.

32.2 For purposesof thisClause, “ForceMajeure”meansan event orsituation beyond the control of the Supplier that is notforeseeable, is unavoidable, and its origin is not due tonegligence or lack of care on the part of the Supplier. Sucheventsmay include, but not be limited to, actsof thePurchaserin its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptlynotify thePurchaser in writing of such condition and the causethereof. Unlessotherwisedirected by thePurchaser in writing,theSupplier shall continue to perform itsobligationsunder theContract as far as is reasonably practical, and shall seek allreasonable alternative means for performance not preventedby theForceMajeureevent.

33. ChangeOrdersandContractAmendments

33.1 The Purchaser may at any time order the Supplier throughnotice in accordanceGCCClause8, to make changeswithin thegeneral scope of the Contract in any one or more of thefollowing:

(a) drawings, designs, or specifications, where Goods tobe furnished under the Contract are to be specificallymanufactured for thePurchaser;

(b) themethod of shipment or packing;

(c) theplaceof delivery; and

(d) theRelated Services to beprovided by theSupplier.

33.2 If any such changecausesan increaseor decrease in thecost of,or the time required for, the Supplier’s performance of anyprovisionsunder theContract, an equitableadjustment shall bemade in the Contract Price or in the Delivery/Completion


Schedule, or both, and the Contract shall accordingly beamended. Anyclaimsby theSupplier for adjustment under thisClause must be asserted within twenty-eight (28) days fromthe date of the Supplier’s receipt of the Purchaser’s changeorder.

33.3 Prices to be charged by the Supplier for any Related Servicesthat might be needed but which were not included in theContract shall be agreed upon in advance by the parties andshall not exceed the prevailing rates charged to other partiesby theSupplier for similar services.

33.4 Subject to the above, no variation in or modification of theterms of the Contract shall be made except by writtenamendment signed by theparties.

34. ExtensionsofTime

34.1 If at any timeduring performance of theContract, the Supplieror its subcontractors should encounter conditions impedingtimely delivery of the Goodsor completion of Related Servicespursuant to GCCClause 13, the Supplier shall promptly notifythe Purchaser in writing of the delay, i ts likely duration, and itscause. As soon as practicable after receipt of the Supplier’snotice, thePurchaser shall evaluate thesituation andmay at itsdiscretionextend theSupplier’s time for performance, inwhichcase the extension shall be ratified by the parties byamendment of theContract.

34.2 Except in case of ForceMajeure, asprovided under GCCClause32, a delay by the Supplier in the performance of its Deliveryand Completion obligations shall render the Supplier liable tothe imposition of liquidated damages pursuant to GCCClause26, unless an extension of time is agreed upon, pursuant toGCCSub-Clause34.1.

35. Terminat ion 35.1 Termination forDefault

(a) The Purchaser, without prejudice to any other remedyfor breach of Contract, by writ ten notice of defaultsent to the Supplier, may terminate the Contract inwholeor in part:

(i) if the Supplier fails to deliver any or all of the Goodswithin theperiod specified in theContract, or withinany extension thereof granted by the Purchaser


pursuant to GCCClause34;

(ii) if the Supplier fails to perform any other obligationunder theContract; or

(iii) if theSupplier, in the judgment of thePurchaser hasengaged in fraud and corruption, as defined in GCCClause 3, in competing for or in executing theContract.

(b) In the event the Purchaser terminates the Contract inwhole or in part, pursuant to GCCClause 35.1(a), thePurchaser may procure, upon such terms and in suchmanner as it deems appropriate, Goods or RelatedServices similar to thoseundelivered or not performed,and theSupplier shall be liable to thePurchaser for anyadditional costs for such similar Goods or RelatedServices. However, the Supplier shall continueperformance of the Contract to the extent notterminated.

35.2 Termination for Insolvency.

(a) The Purchaser may at any time terminate the Contractby giving notice to theSupplier if theSupplier becomesbankrupt or otherwise insolvent. In such event,termination will be without compensation to theSupplier, provided that such termination will notprejudice or affect any right of action or remedy thathasaccruedor will accrue thereafter to thePurchaser

35.3 Termination forConvenience.

(a) The Purchaser, by notice sent to the Supplier, mayterminate theContract, in wholeor in part, at any timefor its convenience. The notice of termination shallspecify that termination is for the Purchaser’sconvenience, the extent to which performance of theSupplier under theContract is terminated,and thedateuponwhich such termination becomeseffective.

(b) The Goods that are complete and ready for shipmentwithin twenty-eight (28) days after the Supplier ’sreceipt of notice of termination shall be accepted bythePurchaser at theContract termsandprices. For theremaining Goods, thePurchaser mayelect:


(i) to have any portion completed and delivered at theContract termsandprices; and/or

(ii) to cancel the remainder and pay to the Supplier anagreed amount for partially completed Goods andRelated Services and for materials and partspreviouslyprocured by theSupplier.

36. Assignment 36.1 Neither the Purchaser nor theSupplier shall assign, in whole orin part, their obligations under thisContract, except with priorwrittenconsent of theother party.

37. ExportRestrict ion

37.1 Notwithstanding any obligation under the Contract tocomplete all export formalities, any export restrictionsattributable to the Purchaser, to the country of thePurchaser, or to the use of the products/goods, systems orservices to be supplied, which arise from trade regulationsfrom a country supplying those products/goods, systems orservices, and which substantially impede the Supplier frommeeting its obligations under the Contract, shall release theSupplier from theobligation to providedeliveries or services,always provided, however, that the Supplier candemonstrate to the satisfaction of the Purchaser and of theBank that it hascompleted all formalities in a timelymanner,including applying for permits, authorizations and licensesnecessary for the export of the products/goods, systems orservicesunder the termsof theContract. Termination of theContract on this basis shall be for the Purchaser’sconveniencepursuant to Sub-Clause35.3.

9

APPENDIXTOGENERALCONDITIONSBank’sPolicy-Corrupt and Fraudulent Pract ices

(text in thisAppendix shall not bemodif ied)

Guidelinesfor Procurement of Goods,Works, andNon-Consult ing Services under IBRDLoansand IDA Credits& GrantsbyWorld Bank Borrowers,dated January2011:

“Fraudand Corrupt ion:

1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bankloans), bidders, suppliers, contractors and their agents (whether declared or not),sub-contractors, sub-consultants, service providersor suppliers, and any personnelthereof, observe the highest standard of ethics during the procurement andexecution of Bank-financed contracts.1 In pursuance of thispolicy, theBank:

(a) defines, for the purposes of this provision, the terms set for th below asfollows:

(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directlyor indirectly, of anythingof value to influence improperly theactionsofanother party;1 ;

1 Invitation for Bids

(ii) “fraudulent practice” is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, or attemptsto mislead, a party to obtain a financial or other benefit or to avoid anobligation;1

(iii) “collusive practice” is an arrangement between two or more partiesdesigned to achieve an improper purpose, including to influenceimproperly theactionsof another party;1


(iv) “coercive practice” is impairing or harming, or threatening to impair orharm, directly or indirectly, any party or the property of the party toinfluence improperly theactionsof aparty;1

(v) "obstructivepractice" is:

(aa) deliberately destroying, falsifying, altering, or concealing ofevidence material to the investigation or making falsestatements to investigators in order to materially impede aBankinvestigation into allegations of a corrupt, fraudulent, coerciveor collusive practice; and/or threatening, harassing orintimidating any party to prevent it from disclosing itsknowledge of matters relevant to the investigation or frompursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Bank’sinspection and audit rights provided for under paragraph 1.16(e)below.

(b) will reject a proposal for award if it determines that thebidder recommendedfor award, or any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees, has, directlyor indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructivepractices in competing for thecontract in question;

(c) will declaremisprocurement and cancel the portion of the loan allocated to acontract if it determinesat any time that representativesof theBorrower or ofa recipient of any part of the proceeds of the loan engaged in corrupt,fraudulent, collusive, coercive, or obstructive practices during theprocurement or the implementation of the contract in question, without theBorrower having taken timely and appropriate action satisfactory to the Bankto address such practices when they occur, including by failing to inform theBank in a timelymanner at the time theyknew of thepractices;

(d) will sanction a firm or individual, at any time, in accordance with the prevailingBank’s sanctions procedures,1 including by publicly declaring such firm or


individual ineligible, either indefinitely or for a stated period of time: (i) to beawardeda Bank-financedcontract; and (ii) to beanominated1 ;

(e) will require that a clause be included in bidding documents and in contractsfinanced by aBank loan, requiringbidders, suppliersand contractors, and theirsub-contractors, agents, personnel, consultants, serviceproviders, or suppliers,to permit the Bank to inspect all accounts, records, and other documentsrelating to the submission of bids and contract performance, and to havethemauditedby auditorsappointedby theBank.”

.

1

Section IX. Special Conditionsof ContractThe following Special Conditionsof Contract (SCC) shall supplement and / or amend theGeneralConditionsof Contract (GCC). Whenever there is aconflict, theprovisionsherein shall prevail over those in theGCC.

GCC1.1(i) ThePurchaser’scountry is: Kenya

GCC1.1(j) ThePurchaser is: Ministry of Agriculture, Livestock and Fisheries

GCC1.1(o) TheProject Site(s)/FinalDestination(s) is Hill Plaza, 10th f loor, NgongRoad,Nairobi applicable to theprice of goodsdelivered late.

GCC4.2 (a) Themeaningof the trade termsshall beasprescribed by Incoterms. Ifthemeaning of any trade termand the rightsandobligationsof theparties thereunder shall not beasprescribed by Incoterms, they shallbeasprescribed byN/A

GCC4.2 (b) Theversionedition of Incotermsshall be2010

GCC5.1 The languageshall be: English

GCC8.1 For not ices, thePurchaser’saddressshall be:

Project Coordinator

RegionalPastoral LivelihoodsResilienceProject

Box 34188-00100, Nairobi

Off Ngong Road

City:Nairobi

Zip Code: 00100

Country:Kenya

Telephone:0202099167

Email:[email protected]

GCC9.1 Thegoverning law shall be thelaw of Kenya

GCC10.2 The rules of procedure for arbitration proceedings pursuant toGCCClause10.2shall beas follows:

(a) Contract with foreign Supplier:


[For contracts entered into with foreign suppliers,International commercial arbitration may have practicaladvantages over other dispute settlement methods. TheWorld Bank should not be named asarbitrator, nor should itbe asked to name an arbitrator. Among the rules to governthe arbitration proceedings, the Purchaser may wish toconsider the United Nations Commission on InternationalTrade Law (UNCITRAL) Arbitration Rules of 1976, the Rulesof Conciliation and Arbitration of the International Chamberof Commerce (ICC), the Rules of the London Court ofInternational Arbitration or theRules of Arbitration Instituteof theStockholmChamber of Commerce.]

GCC10.2 (a)—Any dispute, controversy or claim arising outof or relating to this Contract, or breach, termination orinvalidity thereof, shall be settled by arbitration inaccordance with the UNCITRAL Arbitration Rules as atpresent in force.

(b) Contractswith Supplier nat ional of thePurchaser’scountry:

In the case of a dispute between the Purchaser and aSupplier who is a national of the Purchaser’s country, thedispute shall be referred to adjudication or arbitration inaccordance with the lawsof thePurchaser’scountry.

GCC13.1 Detailsof Shipping and otherDocuments to be furnished by theSupplier are:

For goodsto be imported:CIPterms

GCC10.3–Uponshipment, thesupplier shall notify thepurchaser andthe insuranceby fax or electronicmail of the full detailsof shipments,including thecontract number, description of thegoods, quantity, thevessel, thebill of lading number anddate, port of loading, dateof

Shipment,por t of dischargeetc. The supplier shall mail the following tothepurchaser,with acopy to the insurancecompany:

i. Copies of theSuppliers invoiceshowingGoods’ description,quantity, unit price, and total price.

ii. Original and copiesof thenegotiable, clean, on-board bill ofladingmarked “freight prepaid” and copiesnon-negotiable billof lading;


iii. Copies of parking list identifying thecontentsof each package;

iv. Insurancecertificate;

v. Manufacturersor supplierswarrantycertificate;

vi. Inspection certificate, issuedby thenominated inspectionagency, and thesuppliers’ factory inspection report; and

vii. Certificate of origin

Theabovedocumentsshall be received by thePurchaser before arrivalof theGoodsand, if not received, theSupplier will be responsible foranyconsequent expenses.For Goodsto be supplied from within thePurchaser country:

EXW term

GCC10.3–Upon deliveryof thegoods to the transporter, thesupplier

shall notify thepurchaser and email thedocuments to thepurchaser:

i. Copies of theSupplier’s invoiceshowingGoods’ description,quantity, unit price, and total amount.

ii. Delivery note, railwayreceipt or truck receipt;

iii. Manufacturersor supplierswarrantycertificate;

iv. The Supplier’s factory inspection report;

v. Certificate of origin

Theabovedocumentsshall be received by thePurchaser before arrivalof theGoodsand, if not received, theSupplier will be responsible foranyconsequent expenses.

GCC15.1 Thepricescharged for theGoodssupplied and the related Servicesperformed shall not be adjustable.

GCC16.1 GCC16.1—The method and conditions of payment to be made to theSupplier under thisContract shall be as follows:

Payment for Goodssupplied from abroad:

Payment shall bemade in shall bemade in KESas follows:


On Shipment: Ninety (90) percent of the Contract Price for Goodsshipped shall be paid through an irrevocable documentary Letter ofCredit (L/C) opened in favor of the Supplier in a bank in its countryupon submission of the documents specified in GCC Clause 13. Insupport of the L/C, the Purchaser will apply to the World Bank for itsissueof aSpecial Commitment (S/C).

On Acceptance: therewill beTen(10) percent of theContract Price forGoodsPayment of local currencyportion: There is no local currency portion tobe paid as thecontract doesnot includeany payment for local servicesto be provided by the supplier in Connection with testing andacceptance. If the Supplier fails to provide the services in question inagreement with the contract, the Purchaser will deduct thecorresponding amount from theperformancesecurity.

Payment for Goods(andServices) supplied fromwithin thePurchaser’scountry:Payment for Goods and Services supplied from within the Purchaser’scountry shall bemade in KES, as follows:OnDelivery: Ninety (90) percent of the Contract Price shall be paid onreceipt of the Goodsand upon submission of the documents specifiedin GCCClause13.

On Acceptance: The remaining ten (10) percent of the Contract Priceshall bepaid to theSupplier within for ty five (45) daysafter thedateofthe acceptance certificate for the respective delivery issued by thePurchaser.

GCC16.5 Thepayment-delay period after which thePurchaser shall pay interestto thesupplier shall be 45days. The interest rate that shall beapplied istheprevailing interest rateasprovidedby theCentral Bankof Kenya.

GCC18.1 APerformanceSecurityshall be required. The PerformanceSecurityshall be ten percent (10%) of theContract amount to be reduced to five(5%) percent uponacceptanceof goods.

GCC18.3 ThePerformanceSecurityshall be in the formof BankGuarantee inlocal currency or in a freely convertible currency

GCC18.4 Thedischargeof thePerformanceSecurity shall takeplaceupon theexpiry of theSupplier’swarrantyobligations.

GCC23.2 Thepacking,marking anddocumentation within and outside thepackagesshall be: N/A


GCC24.1 The insurancecoverageshall beasspecified in the Incoterms.

GCC25.1 Responsibility for transportationof theGoodsshall beasspecified intheIncoterms.

GCC26.1 The inspectionsand testsshall beat thepoint of deliveryat theexpenseof thesupplier.

GCC26.2 The Inspectionsand testsshall beconducted at: thepoint of deliveryatthepoint of deliveryor at the final destination

GCC27.1 The liquidateddamage shall be0. 5%per week of late delivery

GCC27.1 Themaximumamount of liquidateddamagesshall be: 10%applicable totheprice of goodsdelivered late.

GCC28.3 Theperiod of validityof theWarrantyshall be: 365days

For purposesof theWarranty, theplace(s) of final destination(s) shallbe:Nairobi

GCC28.5 Theperiod for repair or replacement shall be: 15 days.


Section X. Contract Forms

This Section contains formswhich, once completed, will form part of the Contract. Theforms for PerformanceSecurityand Advance Payment Security, when required, shall onlybecompleted by thesuccessful Bidder after contract award.

Table of Forms

Letter of Acceptance............................................................................................................ 105

1. Contract Agreement..........................................................................................................106

2.PerformanceSecurity.......................................................................................................108

3. AdvancePayment Security............................................................................................... 110


Letter of Acceptance

[let terheadpaper of thePurchaser]

[date]To: [nameand addressof theSupplier ]

Subject: Not ificat ion of Award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . .. . . . . . . .[insert name of thecontract and ident if icat ion number, asgiven in theSCC]. . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . .[ insert amount innumbers and words and name of currency], as corrected and modified inaccordance with the Instructions to Bidders is herebyaccepted by our Agency.

You are requested to furnish thePerformance Security within 28 days in accordancewith the Conditions of Contract, using for that purpose the of the PerformanceSecurity Formincluded in Section X,Contract Forms,of theBidding Document.

Authorized Signature:Nameand Titleof Signatory:Nameof Agency:

Attachment: Contract Agreement


Contract Agreement

[Thesuccessful Bidder shall fill in this form in accordancewith theinstructions indicated]

THIS AGREEMENTmade

the [ insert: number ] dayof [ insert: month ], [ insert: year ].

BETWEEN

(1) [ insert complete nameof Purchaser ], a [ insert description of typeof legalentity, for example, anagencyof theMinistryof .... of theGovernment of{ insert nameof Countryof Purchaser }, or corporation incorporated underthe lawsof { insert nameof Countryof Purchaser } ] andhaving itsprincipal placeof businessat [ insert addressof Purchaser ] (hereinaftercalled “thePurchaser”), of theonepart, and

(2) [ insert nameof Supplier ], acorporation incorporated under the lawsof[ insert: countryof Supplier ] andhaving itsprincipal placeof businessat[ insert: addressof Supplier ] (hereinafter called “theSupplier”), of theother part :

WHEREAS thePurchaser invited bids for cer tain Goodsand ancillary services, viz., [inser tbrief description of Goods and Services] and has accepted a Bid by the Supplier for thesupplyof thoseGoodsandServices

ThePurchaser and theSupplier agreeas follows:

1. In this Agreement words and expressions shall have the same meanings as arerespectivelyassigned to them in theContract documents referred to.

2. The following documents shall be deemed to form and be read and construed aspart of this Agreement. This Agreement shall prevail over all other contractdocuments.

(a) theLetter of Acceptance

(b) theLetter of Bid

(c) theAddendaNos._____(if any)

(d) Special ConditionsofContract

(e) GeneralConditionsof Contract


( f) theSpecification (includingScheduleofRequirementsand TechnicalSpecifications)

(g) thecompleted Schedules(including PriceSchedules)

(h) anyother document listed in GCCas forming part of theContract

3. In consideration of the payments to be made by the Purchaser to the Supplier asspecified in this Agreement, the Supplier hereby covenants with the Purchaser toprovide the Goods and Services and to remedy defects therein in conformity in allrespectswith theprovisionsof theContract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of theprovision of the Goods and Services and the remedying of defects therein, theContract Price or such other sum asmay become payable under the provisions oftheContract at the times and in themanner prescribed by theContract.

INWITNESSwhereof theparties heretohavecaused thisAgreement to beexecuted inaccordance with the lawsof [insert thenameof theContract governing law country] ontheday,monthand year indicated above.

For andon behalf of thePurchaser

Signed: [insert signature]in thecapacity of [ insert titleor other appropriatedesignation ]in thepresenceof [insert identification of official witness]

For andon behalf of theSupplier

Signed: [insert signature of authorized representative(s) of theSupplier ]in thecapacity of [ insert titleor other appropriatedesignation ]in thepresenceof [ insert identification of official witness]


Performance Security

(Bank Guarantee)

[

Thebank, asrequested by thesuccessful Bidder, shall fill in this form in accordancewiththe instructionsindicated]

[Guarantor let terhead or SWIFT identifier code]Beneficiary: [insert name and Address of Purchaser ]

Date: _ [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]


letterhead]

We have been informed that _ [insert name of Supplier, which in the case of a joint

venture shall be the name of the joint venture] (hereinafter called "the Applicant") has

entered into Contract No. [insert reference number of the contract] dated [insert date]

with the Beneficiary, for the supply of _ [insert name of contract and brief description

of Goods and related Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to

pay the Beneficiary any sum or sums not exceeding in total an amount of [insert

amount in figures]

( ) [insert amount in words],1 1 such sum being payable in the types and

proportions of currencies in which the Contract Price is payable, upon receipt by us

of the Beneficiary’s complying demand supported by the Beneficiary’s statement,

whether in the demand itself or in a separate signed document accompanying or

identifying the demand, stating that the Applicant is in breach of its obligation(s)

under the Contract, without the Beneficiary needing to prove or to show grounds for

your demand or the sum specified therein.


This guarantee shall expire, no later than the …. Day of ……, 2…1 2, and any demand


for payment under it must be received by us at this office indicated above on or

before that date.


2010 Revision, ICC Publication No. 758, except that the supporting statement under

Article 15(a) is hereby excluded.

_____________________[signature(s) ]

Note: All italicized text (including footnotes) is for usein preparing this formand shallbedeleted from the f inal product.


Advance Payment Security

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Purchaser]

Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]


letterhead]

We have been informed that [insert name of Supplier, which in the case of a joint

venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has

entered into Contract No. [insert reference number of the contract] dated [insert date]

with the Beneficiary, for the execution of [insert name of contract and brief

description of Goods and related Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an

advance payment in the sum [insert amount in figures] () [insert amount in words] is

to be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to

pay the Beneficiary any sum or sums not exceeding in total an amount of [insert

amount in figures]

( ) [insert amount in words]2 1 upon receipt by us of the Beneficiary’s

complying demand supported by the Beneficiary’s statement, whether in the demand

itself or in a separate signed document accompanying or identifying the demand,

stating either that the Applicant:

(a) has used the advance payment for purposes other than toward delivery ofGoods;or

(b) has failed to repay the advance payment in accordance with the Contract


conditions,specifying theamount which theApplicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the

Guarantor of a certificate from the Beneficiary’s bank stating that the advance

payment referred to above has been credited to the Applicant on its account number

[insert number] at [insert name and address of Applicant’s bank].

The maximum amount of this guarantee shall be progressively reduced by the

amount of the advance payment repaid by the Applicant as specified 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 ninety (90) percent of the Accepted Contract

Amount, has been certified for payment, or on the [insert day] day of [insert month],

2 [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.


2010 Revision, ICC Publication No.758, except that the supporting statement under

Article 15(a) is hereby excluded.

.

____________________[signature(s) ]

Note: All italicized text (including footnotes) is for usein preparing this formand shallbedeleted from the f inal product.


INVITATIONFORBIDS

NAMEOFPROJECT: RegionalPastoral LivelihoodsResilienceProject

CREDITNO: IDA53880

CONTRACTTITLE: Supplyand Delivery of LivestockVaccines

Reference No:Revised Procurement Planof 19 thNovember 2015 Item. No.10underprocurement of goods.

1. TheGovernment of Kenyahasreceived financing from theWorld Bank toward thecost of the Regional Pastoral Livelihood ResilienceProject, and intends to applypart of theproceeds toward paymentsunder thecontract for Supply and Deliveryof Livestock Vaccines.

2. TheMinistryof Agriculture, Livestock and Fisheriesnow invitessealed bids fromeligiblebidders for supply and deliveryof Livestock Vaccines to bedelivered inNairobiwithin 90 days from thedate of contract signing as follows:

Biddershave theopt ion to bid for any oneor more lots. Bidswill beevaluated andcontract(s) awardedon a lot by lot basis.

3. Biddingwill beconducted through the International CompetitiveBidding (ICB)proceduresasspecified in theWorld Bank’sGuidelines: Procurement ofGoods,Worksand Non-Consulting Servicesunder IBRDLoansand IDACredits& GrantsbyWorld Bank Borrowers (January2011;Revised July 2014) Guidelinesedition asperlegal agreement] (“ProcurementGuidelines”), and isopen to all eligiblebiddersasdefined in theProcurement Guidelines. In addition, please refer to paragraphs1.6and 1.7setting for th theWorld Bank’sPolicyon conflict of interest.

4. Interested eligiblebiddersmay obtain fur ther information and inspect thebiddingdocumentsat theRegional Pastoral LivelihoodsResilienceProject Procurement

Lot Item Descript ion QtyLot 1: Foot andMouth Disease(FMD)Vaccine 500,000 doses


(CBPP)Vaccine

2,000,000 doses


2,000,000 doses

Lot 4: PesteDesPetitsRuminants(PPR) Vaccine 3,000,000 doses


Off icesituated atHill Plaza, 10th Floor,Room1006,Ngong Road,Nairobi betweenfrom Monday to Fridayexcluding weekendsand public holidays from9.00 am to4.00 pm.

5. Acomplete set of bidding documents in Englishmay bepurchased by interestedeligiblebiddersupon the submissionof awrit tenapplication to theaddressbelowand uponpayment of anon-refundable feeofKES1000/= in cash or BankersChequein favour of thePrincipal Secretary, StateDepartment of Livestock at the cashofficesituated at Kilimo House, Lower ground f loor; Cathedral road,Nairobi. Thebidding documentsmayalso bedownloaded from the project website:www.resilience.go.ke.

6. Bidsmust bedelivered to theaddressbelow or addressed to thePrincipalSecretary, StateDepartment of Livestock; P.O.Box 34188-00100Nairobi on orbefore 27thMay 2016 at 10.00 a.m East African Time.Electronicbidding will not bepermit ted. Late bidswill be rejected. Bidswill be publiclyopened in the presenceofthebidders’ designated representativesand anyone who choose to attend ataddressbelow.

7. All bidsmust beaccompaniedby a “Bid Security” in the formof aBankGuaranteeofanamount shown below or an equivalent ina freelyconvertiblecurrency. Thebidsecurity must bevalid for 28 daysbeyond thevalidityof the tender.

8. The address(es) referred to above:Principal SecretaryMinistry of Agriculture, Livestock and FisheriesStateDepartment of Livestock

Kilimo HouseMain recept ion;Ground floor

Cathedral road,Nairobi.Tel:0202099167Email: [email protected]

Lot Item Descript ion Required Bid Security(Kshs).

Lot 1: Foot andMouth Disease(FMD)Vaccine 1,300,000


(CBPP)Vaccine

450,000


450,000

Lot 4: PesteDesPetitsRuminants(PPR) Vaccine 600,000

ICBNo:MOALF/SDL/RPLRP/12/2015-16...iSectionI.InstructionstoBidders SectionI.InstructionstoBidders...

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Transcript of ICBNo:MOALF/SDL/RPLRP/12/2015-16...iSectionI.InstructionstoBidders SectionI.InstructionstoBidders...