MINISTRY OF INFRASTRUCTURE, HOUSING AND …gov.tc/images/Tenders/TR_16-70_ITT.pdfMINISTRY OF...

MINISTRY OF INFRASTRUCTURE, HOUSING AND

PLANNING

Public Works Department South Base

Grand Turk Tel. (649) 338-2510 Turks & Caicos Islands Fax. (649) 946-2900 British West Indies

Wednesday, 1 February 2017

The Turks and Caicos Islands Ports Authority invites open tenders from contractors with

a valid contractor license for the project:

SUPPLY AND ERECTION OF MOBILE CONTAINER OFFICE – PORT

AUTHORITY, PROVIDENCIALES

Tender Reference Number TR 16/70

Bidders should be in possession of a valid business license or receipt of payment for

same.

Further information and tender documents are available upon request in electronic format

from Mr. Andy Robinson, Director, Turks and Caicos Islands Ports Authority, at e-mail

[email protected] or from the Turks and Caicos Islands Government’s website at

https://www.gov.tc/government-tenders.

Tenders are to be submitted by 9:00 am on Wednesday, 1 March 2017 to the Secretary

to the Procurement Board.

mailto:[email protected]

https://www.gov.tc/government-tenders

B – INSTRUCTIONS TO TENDERERS: Tender Reference Number: TR 16/70

1. The Turks and Caicos Islands Ports Authority invites open tenders from qualified

Contractors for the project:

SUPPLY AND ERECTION OF MOBILE CONTAINER OFFICE – PORT

AUTHORITY, PROVIDENCIALES

in accordance with the Conditions of Participation, Tender Documents, Specifications

and Drawings.

2. The full set of Tender Documents will consist of the following.

a. Tender Notice

b. Instructions to Tenderers

c. FIDIC 1999 Green Book Draft Contract

d. Certificate of Non Collusion

e. Scope of Works

f. Bill of Quantities

g. Contract Drawings

h. Tender Evaluation Criteria

i. Tender Envelope Label

3. Tenders in conformity with all elements of Section 5 below should be enclosed in a

sealed envelope with the Tender Envelope Label attached firmly to the front.

The sealed envelope should not carry any identification mark indicating the sender

of the envelope. This may result in immediate disqualification.

4. Tenders must be received at the address shown on the address label on or before

9am Turks & Caicos Islands time on Wednesday, 1 March 2017. Tenders will be

opened publicly at the meeting of the Procurement Board on that date.

It is the Tenderer's responsibility to ensure that a tender which is not delivered by their

hand is received on or before the time stated for closing of tenders. Tenders delivered

after the deadline will be returned unopened. Late tenders delivered by courier or

messenger will be returned unopened to the addressee on the courier receipt. If no return

address is provided late tenders may be opened to determine a return address.

5. The Tenderer shall submit a Tender Package consisting of:

a. A signed and initialled Evaluation Criteria form, which includes the following

i. A completed and signed Non-Collusion Certificate (1 Original)

ii. A copy of current valid business license or receipt of payment for this

year’s business license (1 Copy)

iii. Certificate of Good Standing (if a limited Company) or copy of Certificate

of Registration (for other entities). (1 Copy)

iv. Copy of letter from bank no older than 6 months as evidence of good

financial standing. (1 Copy)

v. Copy of letter from NIB as evidence of good standing. (1 Copy)

vi. Copy of letter from NHIB as evidence of good standing. (1 Copy)

vii. Statement of declaration of no conflict of interest. (1 Copy)

viii. Statement of declaration of any contracts cancelled for non-performance

in the last 5 years. (1 Copy)

ix. Statement of declaration that no bankruptcy or insolvency proceedings are

held against the Company or its Principals. (1 Copy)

x. Statement of declaration of no litigation against the Company or its

Principals. (1 Copy)

xi. A list of all sub-contractors proposed with similar information in (i) to (iii)

and (v) to (x) above supplied by each subcontractor. (5 copies of the list

and one copy each of i to iii and v to x for each sub-contractor)

xii. Any comments on the Draft Contract (if no comments are received it is

assumed that the bidder will be content to agree the Contract without

amendments.) (1 Copy)

xiii. Suggestions, recommendations and suitable solutions to problems with

carrying out the contracted Works (1 Copy)

xiv. Any other supporting information that will justify your tender prices. (1

Copy)

b. Five (5) copies of the signed Agreement and Offer (page 3) and the Attestation

Clauses (page 22) of the FIDIC Green Book, complete with schedules as listed

below which will form part of the Contract.

c. The following information which will be evaluated according to the Evaluation

Criteria.

Submit a list of proposed equipment and other resources that will be used

on the project including their ownership and availability. The serial

number and overall condition of each piece of major equipment should be

given with evidence of ownership. (5 copies)

Submit a list of similar projects that were successfully completed showing

your and/or your company’s experience in this field, including month and

year completed and the value of works (5 Copies)

Proposed work program and schedule for the works showing completion

of the Works in the contracted timeframe (5 copies)

A method statement demonstrating that you understand the scope of the

work. (5 copies)

d. Five (5) printed copies of the completed Bill of Quantities.

e. One (1) electronic copy of the completed Bill of Quantities (in Microsoft

Excel format).

f. One (1) electronic copy of the full set of tender documents and all supporting

documents (pdf).

Electronic copies are required and must be submitted on CD, memory stick or any

other appropriate portable storage device.

6. Tenders that do not fully comply with the conditions set out in the above instructions may

not be considered by the Employer for evaluation. If necessary clarifications will be

sought from the bidders prior to final evaluation. A contract will be negotiated with the

preferred bidder.

7. Telegraphic Tenders, Tenders by Telex, Tenders by fax or by email will not be accepted.

Tenderers may revise their Tender subsequent to its submission, the revision being in

writing and stating that it supersedes the previous submission, provided such revision is

received at the offices stated above before the date and time stipulated. Revisions must

state the revised Work Item by number and description, the original and revised Unit

Price and Total Amount for the Item, and the original and revised Total Amount of

Tender. Such revisions shall be marked and addressed as stated above and identified as

"Revisions to Tender". Revisions will not be accepted after the time and date of receipt of

Tenders. No Tender may be altered or amended after having been opened.

8. Tenders shall be typed or printed in block letters, and must be legible in all respects. If

the Tender is corrected, changed erased or altered in any way, each and every such

correction, change, erasure or alteration must be dated and initialed.

9. Tenders shall be in the English Language.

10. In case of an arithmetical error in the Bill of Quantities, the tendered unit prices shall

govern and adjustments will be made to the total amount to suit.

11. Tenders shall be valid for a period of ninety (90) calendar days from the date stated for

the opening of Tenders.

12. The successful Tenderer shall be required to submit a Performance Guarantee, Advance

Payment Bond, Certificate of Insurance and other Documents as specified in the Contract

Documents.

13. Tenders shall be submitted based on the exact details and materials shown or specified in

the Tender Documents.

14. Tenderers shall have no interest in any Tender other than their own, and they shall have

no connection with any person, firm or corporation making a Tender for the same Works.

15. Tenderers shall at their own expense visit, inspect and consider the Works Site, its

surroundings and climatic conditions and obtain for themselves at their own

responsibility all information, including the Tender Documents, Bill of Quantities and

Drawings that may be necessary for making a Tender and entering into a Contract.

Failure of the successful Tenderer to carry out the requirements of this Clause shall in no

way exonerate him from his responsibilities for successfully performing the Works and

carrying out his obligations under the Contract. Information derived from maps, plans,

Specifications, profiles, reports or Drawings or from the Engineer or his assistants, or the

Employer shall not relieve the Tenderer of the responsibility of making his own

assessment of conditions and difficulties that will attend the execution of the Work. The

interpretation of the data disclosed by borings or other preliminary investigations is not

guaranteed by the Engineer or Employer. The successful Tenderer shall not at any time

after the execution of the Construction Contract be entitled to payment for any claim

whatsoever based on incorrectly assumed conditions and any misunderstanding in regard

to the nature, conditions or character of the Works to be done under this Contract.

16. Any Tender which in the opinion of the Evaluation Panel is so unbalanced between the

various Contract Items as to be detrimental to the interest of the Employer may be

rejected.

An unbalanced Tender is defined as a Tender whose various items may consist of one or

both of the following:

a. Unusually high mobilization amount when compared to other Tenders and the

Engineer's Estimate.

b. Unusually higher or lower unit price amounts when compared to other

Tenders and the Engineer's Estimate, resulting in a perceived element of

prepayment to the Contractor.

17. Tenderers shall also note that:

a. Incomplete Tenders and those that do not comply essentially with the

Specifications or do not entirely conform to the Tender Documents may be

rejected and may not be considered.

b. The Employer may declare tendering void when none of the Tenders comply

with the Tender Documents or Specifications or when it is evident that there

has been a lack of competition and/or that there has been collusion amongst

Tenderers or other participants.

c. All Tenders at the sole discretion of the Employer may be rejected if they are

higher than the official budget established by the Employer by an amount

sufficient to provide reasonable justification for such action.

d. Tenders will be rejected if an original tender is not submitted with an

alternative Tender

e. Tenders will be rejected if improperly executed and documented.

f. NO TENDER WILL BE CONSIDERED UNLESS A COMPLETED

AND SIGNED NON COLLUSION CERTIFICATE IS ATTACHED .

18. Should there be any doubt or obscurity as to the meaning of the Tender Documents or as

to anything to be done or not to be done by the Contractor, or as to these Instructions, or

as to any other matter or thing, the Tenderer shall set forth in writing a request for

clarification and submit the same to the Employer not later than ten days before the date

of Tender receipt. A response will be provided by the Engineer within three days in the

form of an Addendum, and sent to all Tenderers and be incorporated in the Tender

Documents.

19. All addenda issued by the Engineer prior to the Tender date shall be attached to and shall

form part of the Tender.

20. All moneys referred to in the Tender Documents are in the currency of the United States

of America ($U.S.) unless otherwise stated.

AP/asb 17.11.2004 FIDIC Green Book Std 1

GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

SHORT FORM OF CONTRACT FOR CONSTRUCTION

DATE: 2017

CONTRACTOR:

WORKS: SUPPLY AND ERECTION OF MOBILE CONTAINER OFFICE –

PORT AUTHORITY, PROVIDENCIALES

CONTRACT No.: PA 16/02 C

TENDER REFERENCE No. TR 16/70

ATTORNEY GENERAL’S CHAMBERS

WATERLOO ROAD

GRAND TURK

TURKS AND CAICOS ISLANDS

BRITISH WEST INDIES


CONTENTS

Page

Agreement 3

Offer 3

Acceptance 4

Appendix 5

Particular Conditions 9

Advance Payment Guarantee 14

Attestation Clauses of Short Form of Contract for Construction 16


GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

SHORT FORM OF CONTRACT FOR CONSTRUCTION

AGREEMENT

The Employer is TURKS AND CAICOS ISLANDS PORTS AUTHORTY of South Dock,

Providenciales, Turks and Caicos Islands, British West Indies.

The Contractor is of , TURKS AND CAICOS ISLANDS The Employer desires the execution of certain Works known as SUPPLY AND ERECTION

OF MOBILE CONTAINERIZED – PORT AUTHORITY, PROVIDENCIALES

OFFER

The Contractor has examined the documents listed in the Appendix which forms part of this Agreement, and offers to execute the Works in conformity with the Contract for the sum of

(US$ ) or such other sum as may be ascertained under the Contract.

This offer, of which the Contractor has submitted 5 (Five) signed originals, may be accepted by the Employer by signing and returning one original of this document to the Contractor before 30

May 2017. The Contractor understands that the Employer is not bound to accept the lowest or any offer

received for the Works.

That the Contractor understands and agrees that their name, the Island on which the work is to be carried out, the project details, the start and completion date of the project and the contract amount will appear in the Gazette in accordance with the Tendering process for this project.

The Contractor warrants that it has paid up to date all National Insurance Board

and National Health Insurance Contributions. The Contractor understands and

agrees that failure to pay the aforementioned will result in the payments for works

done being withheld until proof of payment is supplied to the Director of

Public Works Department or can alternatively result in the termination

of the Agreement.

Signature: Date: 2017

Name: Authorised to sign on behalf of:

Capacity:


ACCEPTANCE

The Employer has, by signing below, accepted the Contractor’s offer and agrees that in consideration of the execution of the Works by the Contractor, the Employer shall pay the Contractor in accordance with the Contract. This Agreement comes into effect on the date when the Contractor receives one original of this document signed by the Employer.

Signature: Date: 2017

Name: Authorized to sign on behalf of: Capacity: THE TURKS AND CAICOS ISLANDS

PORTS AUTHORITY


APPENDIX

This Appendix forms part of the Agreement.

[NOTE: with the exception of the items for which the Employer’s requirements have been inserted, the Contractor shall complete the following information before submitting his offer.]

Item Sub-Clause Data

Documents forming the Contract listed in the order of priority

(all of which are either annexed or have been

signed in triplicate for identification purposes on behalf of the parties): 1.1.1

Document (delete if not applicable) Document Identification

(a) The Agreement Annexed.

(b) Particular Conditions Annexed.

(c) General Conditions The General Conditions of the Fédération Internationale des Ingénieurs- Conseils (“FIDIC”)

Short Form of Contract, First Edition 1999 ISBN 2-88432-024-5.

(d) Scope of Works Schedule 1

(e) The Bill of Quantities Schedule 2

(f) The Specification N/A

Time for Completion 1.1.9 Within 60 days from the Commencement date.

Law of the Contract 1.4 Law of the Country.

Language 1.5 English.


Provision of Site 2.1 On the Commencement Date

Authorised person 3.1 The Director

Ports Authority South Dock Providenciales

Turks and Caicos Islands British West Indies. *

Name and address of 3.2 Ditto. Employer’s representative

Performance security (if any):

Amount 4.4 Not Applicable.*

Form 4.4 Annexed

Contractor’s ultimate parent 4.4 company (if any) Not Applicable

Requirements for Contractor’s 5.1 design (if any) Not Applicable

Programme:

Time for submission 7.2 Not Applicable

Form of programme 7.2 MS Project

Amount payable due to failure to 7.4 US $100 (One Hundred

complete within contract time United States dollars) per day up to a maximum of 10% (ten per cent.)* of the sum stated in the

Agreement.

Period for notifying defects 9.1 & 11.5 90 (ninety) days * calculated from the date stated in the notice under Sub-Clause 8.2.

Variation procedure:


Daywork rates 10.2 Not Applicable

Valuation of the Works:

Lump sum Price 11.1

Lump sum price with 11.1

schedules of rates

Lump sum price with bill of quantitities 11.1

Remeasurement with tender bill of quantities 11.1 Applicable

Cost reimbursable 11.1

Total advance payment 11.1A Not Applicable

Advance Payment guarantee 11.1A Not Applicable Number and timing of installments 11.1A Not Applicable

of Advance payment

Repayment amortization of 11.1A Not Applicable Advance payment

Percentage of value 11.2 Materials: Not Applicable

Materials and Plant Plant: Not Applicable

Percentage of retention 11.4 10% (Ten per cent.).* One Half will be issued within fourteen

(14) days of issuing the Take Over Certificate.

Currency of payment 11.7 United States dollars.

Rate of interest 11.8 3% (Three per cent.) above the base rate of Scotia Bank.

Insurances: 14.1 To be provided by the contractor within 7 (Seven) days of

receiving the signed copy of this contract.


Type of cover* Amount of cover* Exclusions*

The Works, Materials, Plant The sum stated in the and fees Agreement plus 15%

(fifteen per cent.). Contractor’s Equipment None.

Third Party injury to persons US $250,000.00

and damage to property (Two Hundred and Fifty Thousand United States dollars).

Workers US $250,000.00 (Two Hundred and Fifty Thousand United States

dollars). Other cover*

Arbitration:

Rules 15.3 UNCITRAL

Arbitration Rules as in force on

the Commencement Date.

Appointing authority 15.3 President of FIDIC or his nominee.

Place of Arbitration 15.3 Grand Turk.

* Employer to amend as appropriate.


PARTICULAR CONDITIONS

Sub – Clause 1.1 – Definitions

Sub – Clause 1.1.4 shall be deleted, and the following substituted:

“1.1.4 “Employer” means the person named in the Agreement and the legal successors in

the title to this person, and his permitted assignees.”

Sub – Clause 2.5 – Assignment

Add the following Sub – Clause 2.5 after Sub – Clause 2.4:

“The Employer may, without the consent of the Contractor, assign the benefit of the Contract

after either the expiry of the period stated in the Appendix, or the remedying of notified defects,

or the completion of outstanding work, all as referred to in Sub – Clause 9.1, whichever is the

later, or the termination of the Contract.’’

Sub – Clause 4.4 – Performance Security

Sub – Clause 4.4 shall be deleted, and the following substituted:

“If stated in the Appendix, the Contractor shall deliver to the Employer within 14 (fourteen) days

of the Commencement Date a performance security in a form and from a third party approved by

the Employer, and a parent company guarantee from the Contractor’s ultimate parent company

(if any) identified in the Appendix. In return for a suitable abatement in price, the Employer may

in his sole discretion accept a parent company guarantee alone. The forms of performance

security and parent company guarantee annexed shall be used, with such modifications as may

be necessary properly to bind the guarantors and benefit the Employer.”

Sub – Clause 7.4 – Late Completion


Sub – Clause 7.4 shall be deleted, and the following substituted:

“If the Contractor fails to complete the Works within the Time for Completion, the Contractor’s

only liability to the Employer for such failure shall be to pay the amount stated in the Appendix

for each day for which he fails to complete the Works, but if the maximum of such amount (if

any) stated in the Appendix is reached, the Employer may by notice terminate the Contract

immediately. The Contractor shall then demobilize from the Site, leaving behind Materials and

Plant and any Contractor’s Equipment which the Employer instructs in the notice is to be used

until the completion of the Works.”

Sub – Clause 11.1A – Advance Payment

Add the following Sub – Clause 11.1A after Sub – Clause 11.1:

“The Employer shall make an advance payment, as an interest-free loan for mobilization. If the

Appendix states that an advance payment guarantee is required, the Employer shall not be

required to make any advance payment until the Contractor submits such a guarantee in

accordance with this Sub-Clause. The total advance payment, the number and timing of

installments (if more than one), and the applicable currencies and proportions, shall be as stated

in the Appendix.

Unless and until the Employer receives the advance payment guarantee (if required), or if the

total advance payment is not stated in the Appendix, this Sub-Clause shall not apply.

The Employer shall pay the Contractor the first installment of the advance payment within 21

(twenty-one) days after receiving a statement in respect thereof (which the Contractor shall be

entitled to submit under Sub-Clause 11.2) and after the Employer receives (i) the performance

security and (ii) a guarantee (if required) in amounts and currencies equal to the advance

payment. This guarantee shall be issued by an entity and from within a country (or other

jurisdiction) approved by the Employer, and shall be in the form annexed, with such

modifications as may be necessary properly to bind the guarantor and benefit the Employer, or in

another form approved by the Employer.


The Contractor shall ensure that the guarantee is valid and enforceable until the advance payment

has been repaid, but its amount may be progressively reduced by the amount repaid by the

Contractor. If the terms of the guarantee specify its expiry date, and the advance payment has

not been repaid by the date 28 (twenty-eight) days prior to the expiry date, the Contractor shall

extend the validity of the guarantee until the advance payment has been repaid.

The advance payment shall be repaid through percentage deductions from all gross payments due

to the Contractor, at the percentage stated in the Appendix. If the advance payment has not been

repaid prior to the issue by the Employer of a notice under Sub-Clause 8.2 or prior to termination

under Sub-Clause 12.1 and 12.2 or 12.3 or 13.2 (as the case may be), the whole of the balance

then outstanding shall immediately become due and payable by the Contractor to the Employer.

Payments to the Contractor under Sub-Clauses 11.3, 11.4, 11.5, 11.6 and 11.7 shall be subject to

this Sub – Clause.

Sub – Clause 11.3 – Interim Payments

The second paragraph of Sub-Clause 11.3 shall be deleted, and the following substituted:

“The Employer may withhold interim payments until he receives the performance security and

parent company guarantee under Sub-Clause 4.4 (if any).”

Clause 11.9 – Taxes and Duties

Add the following Sub – Clauses 11.9 after Sub – Clause 11.8:

“No Turks and Caicos Islands Government duties on construction materials relating to this

specific project only (except Turks and Caicos Islands Government National Insurance and

National Health Insurance contributions properly payable) are payable on works undertaken on

behalf of the Turks and Caicos Islands Government.”


Sub – Clause 12.1 – Default by Contractor

Add the following new first paragraph to Sub-Clause 12.1:

“If the Contractor has given (before or after the award of the Contract), or gives, or offers to give

(directly or indirectly) to any person any bribe, gift, gratuity, commission or other thing of value,

as an inducement or reward:

(i) for doing or forbearing to do any action in relation to the Contract and/or its award, or (ii) for showing or forbearing to show favour or disfavour to any person in relation to the

Contract and/or its award,

or if any of the Contractor’s employees, agents or subcontractors has given (before or after the

award of the Contract), or gives, or offers to give (directly or indirectly) to any person any such

inducement or reward (however, lawful inducements and rewards to Contractor’s employees

shall not entitle termination); or has misrepresented facts, or has used collusive practices, in

order to influence the award of the Contract; then the Employer may by notice terminate the

Contract immediately: and shall be entitled (in addition to any other rights of the Employer under

the Contract or otherwise) to recover from the Contractor the amount or value of any such

inducement or reward (if any). Upon the service of such notice, the Contractor shall demobilise

from the Site, leaving behind Materials and Plant and any Contractor’s Equipment which the

Employer instructs in the notice is to be used until the completion of the Works.”

At the beginning of the second (formerly first) paragraph of Sub-Clause 12.1, the word “If” shall

be deleted, and the words “Further, if” substituted:

Sub – Clause 12.4 – Payment upon Termination

Sub – Clause 12.4 (c) shall be deleted, and the following substituted:

“(c) if the Employer has terminated under Sub – Clause 7.4 or 12.1 or 12.3, the Employer

shall be entitled to a sum equivalent to 20% (twenty per cent.) of the value of those parts

of the Works not executed at the date of the termination,”


Sub – Clause 15.1 – Adjudication

Add at the end of Sub – Clause 15.1:

“Any Adjudicator’s Agreement shall provide:

(a) that the Agreement shall be governed by the law of the Turks and Caicos Islands, and that

all disputes which may arise under, out of, or in connection with, or in relation to, the

Agreement shall be submitted to the jurisdiction of the courts of the Turks and Caicos

Islands; and

(b) that the language of the Agreement shall be English.”

Sub – Clause 15.3 – Arbitration

Add at the end of Sub – Clause 15.3:

“Subject to this Clause 15, all disputes shall be submitted to the jurisdiction of the courts of the

Turks and Caicos Islands.”


ADVANCE PAYMENT GUARANTEE

To: THE PORT AUTHORITY OF THE TURKS AND CAICOS ISLANDS of

Government Compound, Grand Turk, Turks and Caicos Islands, British West Indies

(hereinafter called “the Employer”).

Re: Contract Name and No: SUPPLY AND ERECTION OF MOBILE CONTAINER –

PORT AUTHORITY, PROVIDENCIALES, PA 16/02 C TENDER REFERENCE

No.: TR 16/70

(“the Contract”).

In accordance with the Conditions of Contract (Sub-Clause 11.1A (Advance Payment)) of the

Contract, of

(“the Contractor”) is required to provide the Employer with a guarantee in amounts and

currencies equal to the advance payment, namely:

US$

We, of ,

unconditionally and irrevocably guarantee to pay (as primary obligor and not as surety merely) to

the Employer on his first demand without any right of objection whatsoever on our part and

without any Employer’s first claim to the Contractor, amounts from time to time so demanded

not exceeding the amount[s] stated above.

We shall be, and continue to be, liable under this guarantee even if the Contract is or becomes

not binding on, or unenforceable against, the Contractor, for any reason whatever. No alterations

in the Contract, or in the Works described therein, and no extension of time, forbearance or

forgiveness, nor any act, matter or thing whatsoever except expiry in accordance with its terms


or an express release by the Employer, shall in any way release or reduce our liability under this

guarantee. References to the Contract in this guarantee shall include all amendments, variations

and additions to it, whether made before or after the date hereof. We hereby waive notice of any

such amendment, variation or addition.

The amount of this guarantee shall be progressively reduced by the amount of the advance

payment repaid by the Contractor in accordance with the Contract.

This guarantee (as so progressively reduced) shall remain valid and in full effect until the

Employer receives full repayment of the amount[s] stated above from the Contractor.

The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all matters

relating hereto shall be determined by the courts of the Turks and Caicos Islands.

IN WITNESS whereof we have caused this guarantee to be executed as a Deed this

day of 2017

THE COMMON SEAL of

was hereunto affixed in the presence of:

Director

Secretary


ATTESTATION CLAUSES OF SHORT FORM OF CONTRACT FOR

CONSTRUCTION

EXECUTED under Seal for and on behalf of

THE TURKS AND CAICOS ISLANDS PORTS AUTHORTY

by

_______________________________

in the presence of:

_______________________________

WITNESS

_______________________________

Print Name

EXECUTED under Seal for and on behalf of

_______________________________

DIRECTOR

_______________________________ Print Name

in the presence of:

_____________________________ ____________________________

WITNESS DIRECTOR/SECRETARY

______________________________ ______________________________

Print Name Print Name

Certificate of Non-Collusion

Tender Reference Number: TR 16/70

TURKS AND CAICOS ISLANDS GOVERNMENT

TENDER SUBMISSION CERTIFICATE OF NON-COLLUSION

I/we certify that this tender is made in good faith, and that we have not fixed or adjusted the

amount of the tender by or under or in accordance with any agreement or arrangement with any

other person. I/we also certify that we have not and i/we undertake that we will not before the

award of any contract for the work:

I. Disclose the tender price or any other figures or other information in connection with the

tender to any other party (including any other company or part of a company forming part

of a group of companies of which i am/we are a part of) nor to any sub-contractor

(whether nominated or domestic) nor supplier (whether nominated or domestic) or any

other person to whom such disclosure could have the effect of preventing or restricting

full competition in this tendering exercise

II. Enter into any agreement or arrangement with any person that they shall refrain from

tendering, that they shall withdraw any tender once offered or vary the amount of any

tender to be submitted

III. Otherwise collude with any person with the intent of preventing or restricting full

competition

Pay, give or offer pay or give any sum of money or other valuable consideration directly or

indirectly to any person for doing or having done or causing or having caused to be done in

relation to another tender or proposed tender for the work any act or thing of the sort described at

i), ii) or iii) above.

I/we further declare that I/we have no knowledge either of any sum quoted or of any other

particulars of any other tender for this contract by any other party.

We further certify that the principles described above have been, or will be, brought to the

attention of all sub-contractors, suppliers and associated companies providing services or

materials connected with the tender and any contract entered into with such sub-contractors,

suppliers or associated companies will be made on the basis of compliance with the above

principles by all parties.

I/we acknowledge that any breach of the foregoing provisions shall lead automatically to this

tender being disqualified and may lead to criminal or civil proceedings.

The Turks and Caicos Islands Government shall treat any tender received in confidence but

reserves the right to make the same available to any other funding organisation or statutory

regulatory authority either having jurisdiction over the works or who may now or at any time in

the future have statutory power to require disclosure of this tender.

In this certificate, the word ‘person’ includes any persons and anybody or association,

incorporated or unincorporated; any agreement or arrangement includes any transactions, formal

or informal and whether legally binding or not; and ‘the work’ means the work in relation to

which this tender is made.

Signature…………………………………. in capacity of ……….……….…….………..…

Print Name: …………………………..………… Date…………………………………....

Duly authorised to sign tenders and acknowledge the contents of the certificate of non-collusion

for and on behalf of:

Name of firm………………………………………………………………………...……………

Full postal address…………………………………………………………………….…………….

…………………………………………………………………………………………..…………..

…………………………………………………….. E-mail…………………………………….…

Telephone no………………………….…….……. Fax no ……………………………………….

SCOPE OF WORKS FOR

SUPPLY AND ERECTION OF MOBILE CONTAINER OFFICE – PORT AUTHORITY,

PROVIDENCIALES

TR 16/70

SPECIFICATIONS

GENERAL

Supply of mobile/container office with the following dimensions: 28’ long by 8’ wide 1. The mobile/container office should include a general open office space, an enclosed

office, kitchen, and separate male and female bathrooms

2. The mobile office should be supplied with air conditioning and include plumbing and

electrical installations

3. The successful bidder will be responsible for removing and erecting the new mobile

office on its existing base

4. The successful bidder will be responsible for connection of plumbing and electricity

The Contractor shall provide all labor, materials, equipment, and incidentals necessary to perform

the installation of the mobile/container office as specified.

All debris, solids or semi-solids returning from the construction operations shall be removed from

the site and disposed of at a legally permitted site for that purpose. At a minimum all materials

shall be removed from the site at the end of each work day. Under no circumstances will the

Contractor be allowed to accumulate debris etc., on the site of work beyond the stated time.

MATERIALS AND PROCEDURES

All materials will be at the Contractors expense to Supply and install mobile/ container office at

Port Authority in Providenciales.

TIME TO COMPLETE

The Contractor shall complete the work within 60 days of the issuance of commencement.

ITEM Description Unit Rate Measurment Total

DESIGN AND CONSULTANCY COSTS

1 Design Cost Item 1Production of drawings including As-Built Item 1

Procure and Ship Containerized office Item 1

2 CONSTRUCTION

Site Clearance Item 1

Erect Containerized office Iten 1

Connect plumbing Item 1

Connect electricity Item 1

Grand Total -$

Tender Evaluation Criteria – TR 16/70

The Contractor is required to sign this Section which contains all the criteria that the employer will use to evaluate Tenders and qualify Tenderers. Bidders shall provide all the information

requested within the bidding document to be considered for evaluation. Omission of required

information may result in being disqualified or not being considered further as appropriate.

Part 1 – Qualification to be considered.

1. Non-collusion certificate (attached), completed with original signature. (PLEASE ENSURE IT IS COMPLETED AND SIGNED)

Required

2. Copy of Current Business License in the appropriate class of business or

receipt of payment.

Required

3. Copy of Certificate of Good Standing (if a Limited Company) or copy of Certificate of Registration (for other entities).

Required

4. Copy of letter from bank no older than 6 months in the name of the

company, as evidence of good financial standing

Required

5. Copy of letter from NIB in the name of the company if a registered company, as evidence of good standing.

Required

6. Copy of letter from NHIB in the name of the company if a registered

company, as evidence of good standing.

Required

7. I certify that neither I nor any of the other Directors or Principals of the Company have a Conflict of Interest within this tender

Required

Initial here

8. I certify that no contracts with the Company have been cancelled for non-performance in the last 5 years

Required

Initial here 9. I declare that no bankruptcy or insolvency proceedings are held against

the Company or its Principals Required

Initial here 10. I declare that there is no litigation against the company or the Principals Required

Initial here

11. A list of sub-contractors proposed is attached including information in 1 to 3 and 5 to 10 above for each sub-contractor.

Only if Sub-contractors proposed

12. Comments on the Draft Contract (if no comments attached it is assumed that the bidder will be content to agree the Contract without amendments.)

Optional

13. Suggestions, recommendations and suitable solutions to problems with carrying out the contracted Works

Optional

14. Any other supporting information that will justify your tender prices Optional

I certify that I have read the whole of the tender documentation and that the above

information is correct.

Signature of Principal of Company: _______________________Date: __________________

Print Name:__________________________ in the Capacity of: _______________________

Telephone Number: _________________ Email address: __________________________

Part 2 Evaluation

2.1 Points for Quality (A)

Description Maximum points (A)

Experience, Technical Capacity and Resources

Measure Submit a list of proposed equipment and other

resources that will be used on the project including

their ownership and availability. The serial

number and overall condition of each piece of

major equipment should be given with evidence of

ownership.

2 Requirement Evaluation will be based on the suitability of the

equipment to be able to carry out the Works.

Measure Submit a list of similar projects that were

successfully completed showing your and/or your

company’s experience in this field, including

month and year completed and the value of works

5

Requirement Consideration will be given to recent projects that

are similar to this project that have been completed

successfully

Measure Proposed work program and schedule for the

works showing completion of the Works in the

contracted timeframe (detailed schedule showing

works proposed to be completed within the

contract schedule time will receive the maximum

points)

5

Requirement Give duration and sequence of activities as they relate to this project

Show all aspects/sections of the works represented in the schedule

Give procurement plan, duration of procurement activities and delivery

schedule

Give sequence and timing for inspections

testing and approval of materials

Show resources equipment and labour

needed for each activity

Give overall duration of the project

Measure A method statement demonstrating that you

understand the scope of the work (attach a methodology explaining how you intend to execute the works and the process in doing so).

8

Requirement Sequence of activities as you would

undertake to execute the project

Details of how each activity will be

undertaken

Site accessibility and control

User/Owner accessibility of the property

Traffic Control schedule and details

Health and Safety plan

Waste disposal, noise control and consideration to the Environment

Quality Assurance Plan

Total Points for Section A 20

For Bidders to be considered for the Evaluation of Price they have to achieve 15 points or

more in the Evaluation of Quality A. Bidders attaining less than 15 points may not be

considered further.

2.2 Evaluation of Price

2.21 Each tender will also be corrected for arithmetical errors. In case of an arithmetical error

in the Bill of Quantities, the tendered unit prices shall govern and adjustments will be made to

the total amount to suit.

2.22 If a bid exceeds the budgeted amount without any good reason it may not be considered

further.

2.23 Tender prices that the Evaluation Panel deem to be unrealistically, low without any

justification from the bidder, may not be considered further.

2.24 Tenders will be considered as to whether they are unbalanced in their pricing. If it is

deemed that they are, they may not be considered further.

2.25 Points for Price

Points for price will be calculated based on the following formula:

Lowest Corrected Bid X 80 = Number of points for Price (B)

Corrected Bid Price

Tender evaluation table

The total number of points for each contractor will be calculated by adding Points for Quality

(A) and to Points for Price (B) to give a total score (out of 100).

Preference Bidder No.1 Bidder No.2 Bidder No.3 Bidder No.4

Total Quality (A)

Price (B)

Overall Total (Quality & Price)

The ‘preferred bidder’ is the company submitting the tender with the highest combined scores for

Quality (A) and Price (B).

If an agreement cannot be reached with the ‘preferred bidder’ the bidder with the next highest

points will be nominated as the ‘preferred bidder’. Negotiations will be undertaken with the

preferred bidder and each subsequent ‘preferred bidder’ until contractual agreement is reached.

TENDER ENVELOPE LABEL

Tender for: SUPPLY AND ERECTION OF MOBILE

CONTAINER OFFICE – PORT AUTHORITY,

PROVIDENCIALES

To be returned by: 9am on Wednesday, 1 March 2017

Contract No: PA 16/02 C

Tender Reference No: TR 16/70

To: Secretary to the Procurement Board

Office of the Deputy Governor

Waterloo Plaza (upstairs Scotiabank)

Waterloo Road

Grand Turk

Turks and Caicos Islands

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