MINISTRY OF INFRASTRUCTURE, HOUSING AND PLANNING Public ... · MINISTRY OF INFRASTRUCTURE, HOUSING...

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

December 29th 2015

Tender Notice

The Permanent Secretary of the Ministry of Infrastructure, Housing and Planning invites

further open tenders from contractors with a valid contractor license for the project:

FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES FOR TCIG

CAPITAL PROJECTS

Tender Reference Number TR 15/5

In particular Tenders are sought from Architectural companies and should be in

possession of a valid business license or receipt of payment for same in this category.

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

from Norman A Watts at email address [email protected] . Documents could also be

uplifted from the PWD office in Grand Turk and Providenciales as well as District

Commissioner’s Office in the family islands or from the Turks and Caicos Islands

Government’s website at http://www.gov.tc.

Tenders are to be submitted by 9am on Tuesday 26 January, 2016, to the Secretary to

the Procurement Board.

mailto:%[email protected]

http://www.gov.tc/

TENDER FOR FRAMEWORK AGREEMENT FOR CONSULTANCY FOR TCIG

CAPITAL PROJECTS

Instructions to Tenderers

Tender Reference Number TR 15/5

Contract Number PWD 15/6C

1. Tenders are invited from Consultants for the purpose of inclusion in a Framework

Agreement of Consultants for the Turks and Caicos Islands Government according

to the tender document provided. This is an open tender for all suitably qualified

Consultants.

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

a. Tender Notice

b. Instructions to Tenderers

c. FIDIC White Book Contract Dated 1998

d. Particular Conditions of Contract

e. Certificate of Non Collusion

f. Form 1 - Specific Experience

g. Form 1 - Annex A - Charge out rates for Consultancy Tender

h. Evaluation Criteria

i. Tender Envelope Label

3. Submitted Tenders must be enclosed in a sealed envelope, which must be clearly

marked: Tender for: FRAMEWORK AGREEMENT FOR CONSULTANCY

FOR TCIG CAPITAL PROJECTS

and to be addressed to:

Secretary to the Procurement Board

Central Purchasing Unit

White Sands Road

Grand Turk

Turks & Caicos Islands

Note: A label is provided for the envelope; he sealed envelope should not carry any

identification mark indicating the sender of the envelope. This may result in

immediate disqualification.

Tenders must be received at the above address on or before 9am Turks &

Caicos Islands time on Tuesday 26 January 2016. Tenders will be opened

publicly on that date immediately after the closing of the Tender at the

Procurement Board meeting.

It is the Tenderer's responsibility to ensure that Tenders are received on or before

the time stated for closing of Tenders. Tenders received after the stated time of

receipt of Tenders may be returned unopened.

4. The Tender Package submitted should consist of five hard copies and one electronic

copy (in Microsoft Word or Excel as appropriate) on CD, memory stick or any

other appropriate media and must include the following documents:

(a) A signed copy of the attached Non Collusion Certificate. (Note that

Tenders cannot be considered further if this certificate is not

completed properly and signed by the Company’s authorizing

officer).

(b) Copy of Bank Letter no older than 6 months as evidence of good financial

standing.

(c) Copy of letter from NHIB confirming that payments are up to date.

(d) Copy of letter from NIB confirming that all payments are up to date.

(e) Business Category of Company and a copy of a valid 2015-2016 Business

License or receipt of payment for same. (If more than one include all.)

(f) Copy of Certificate of Good Standing (if a Limited Company) or copy of

Certificate of Registration (for other entities).

(g) Copy of Certificate of Company Insurance.

(h) Declaration that the entity or any of its Principals or Directors have no conflict

of interest within this tender

(i) Declaration of any Bankruptcy Proceedings against the Company or any of its

Directors.

(j) Declaration of any Legal or Financial Proceedings against the Company or any

of its Directors.

(k) Declaration that no contracts with the company have been cancelled for non-

performance in the last 5 years

(l) Comments on the Draft Contract (if no comments are received it is assumed

that the Tenderer will be content to agree the Contract without amendments).

(m) Company Health and Safety Policy Statement which demonstrates that the

Company has a positive attitude to Health and Safety.

(n) Field of service, e.g. Quantity Surveying Services, Structural Design

Services, MEP Design Services etc.

(o) List of projects undertaken and completed in the TCI in the past 3 years

including dates, value of services performed and value of works if known.

(p) List of names of technical staff with position in Company and qualifications

including membership of professional bodies and registration with recognized

international affiliations or groups pertinent to the category of service.

(q) Copies of certification of membership or other certification should be

submitted with the tender, however if they are not readily available they may

be submitted later.

(r) Charge out rates for proposed members of staff.

The Consultant’s Tender will be evaluated on all of the above items according

to the Tender Evaluation Criteria.

5. Tenders shall be in the English Language, 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.

6. The Client may request additional information from the Tenderers with respect to

their Tender.

7. Tenders that do not fully comply with the conditions set out in these instructions

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

be sought from the Tenderers prior to final evaluation. Contracts will be negotiated

with the preferred bidders.

8. Telegraphic Tenders, Tenders by Telex, Tenders by fax or e-mail 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.

9. 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.

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

for the opening of Tenders.

11. The preferred bidder shall be required to submit a Performance Guarantee, Advance

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

Contract Documents.

12. Tenders shall be submitted based on the exact details and materials shown or

specified in the Tender Documents.

13. 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) 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.

(c) The Client 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.

(d) All Tenders at the sole discretion of the Client may be rejected if they are

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

sufficient to provide reasonable justification for such action.

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

(f) No tender will be considered unless a completed signed copy of the Non

Collusion Certificate is attached.

14. 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 Consultant, 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 Client 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.

15. All addenda issued prior to the date of Tender receipt shall be attached to and shall

form part of the Tender.

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

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

White Book – Framework Agreement Consultants for PWD 1

GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

CLIENT/CONSULTANT SERVICES FRAMEWORK AGREEMENT

DATE: 2016

PROJECT: FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES


CONSULTANT:

SERVICES: Provision of Technical Documentation, Consultancy Services and

Support:

Engineering Drawing

Architectural Drawing and Review

Engineering Design

Quantity Surveying

Site Supervision

Project Management

Tender Number: TR 15/5

Project Number: PWD 15/06 C

ATTORNEY GENERAL’S CHAMBERS

WATERLOO ROAD

GRAND TURK

TURKS AND CAICOS ISLANDS

BRITISH WEST INDIES


CONTENTS

Page

Client/Consultant Services Agreement

Conditions of the Client/Consultant Services Agreement

Parent Company Guarantee

Attestation Clauses of Client/Consultant Services Agreement

Appendices:

A Scope of Services

B Personnel, Equipment, Facilities and Services of Others to be

Provided by the Client

C Remuneration and Payment


GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

CLIENT/CONSULTANT SERVICES AGREEMENT

PROJECT: FRAMEWORK AGREEMENT FOR CONSULTANCY SERVICES


THIS AGREEMENT is made the day of

Two Thousand and Sixteen.

BETWEEN THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS, of

Government Compound, Grand Turk, Turks and Caicos Islands (hereinafter called “the

Client”) of the one part and

of (hereinafter called “the Consultant”) of the other part.

WHEREAS the Client desires that certain Services should be performed by the

Consultant, namely:

Provision of Technical Documentation, Consultancy Services and Support:

Engineering Drawing

Architectural Drawing and reviews

Engineering Design and reviews

Quantity Surveying

Site Supervision

Project Management

for various capital projects for the Turks and Caicos Islands Government

and has accepted a proposal by the Consultant for the performance of such Services.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Client/Consultant Services

Agreement hereinafter referred to.


2. The following documents (which, except the General Conditions, are either

annexed hereto or have been signed in quintuplicate on behalf of the parties for

identification purposes) shall be deemed to form and be read and construed as part

of the Agreement, namely:

(a) The Letter of Acceptance;

(b) The following Conditions of the Client/Consultant Services Agreement

(General Conditions and Particular Conditions);

(c) The Appendices, namely:

Appendix A – Scope of Services;

Appendix A1 – Draft RFP form;

Appendix B – Personnel, Equipment, Facilities & Services of Others to

Provided by the Client; and

Appendix C – Remuneration and Payment.

(d) The Consultant’s Proposal no …………. dated …………. (the

Consultant’s Proposal)

3. In consideration of the payments to be made by the Client to the Consultant as hereinafter

mentioned the Consultant hereby agrees with the Client to perform the Services in

conformity with the provisions of the Agreement.

4. The Client hereby agrees to pay the Consultant in consideration of performance of the

Services such amounts as may become payable under the provisions of the Agreement at the

times and in the manner prescribed by the Agreement.


IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

quintuplicate as a Deed the day and year first before written in accordance with their respective

laws.

EXECUTED under Seal for and on behalf of

THE GOVERNMENT OF THE

TURKS AND CAICOS ISLANDS by

MR PETER BECKINGHAM,

in the presence of:

______________________ _____________________________

WITNESS PETER BECKINGHAM

HE THE GOVERNOR

Name: …………………………..

EXECUTED as a Seal

for and on behalf of .......................................................................................

in the presence of:

____________________________

DIRECTOR

Name: …………………………………….

________________________ ___________________________ WITNESS DIRECTOR/SECRETARY

Name: ……………………………. Name:…….……………………


CONDITIONS OF THE CLIENT/CONSULTANT SERVICES AGREEMENT

GENERAL CONDITIONS

This Agreement incorporates the General Conditions of the International Federation of

Consulting Engineers’ (“FIDIC”) Client/Consultant Model Services Agreement, Third Edition

1998, ISBN 2-88432-014-8.

PARTICULAR CONDITIONS

A. REFERENCES FROM CLAUSES IN THE GENERAL CONDITIONS

1. Definitions

(i) The Project is: CONSULTANCY FOR TCIG CAPITAL PROJECTS

Provision of Technical Documentation, Consultancy Services

and Support:

Engineering Drawing

Architectural Drawing and Reviews

Engineering Design and Reviews

Quantity Surveying

Site Supervision

Project Management

17. Duration of Liability: Five (5) years

Reckoned from: 1 April 2015

18.1 Limit of Compensation: US$500,000 (Five hundred Thousand United States

Dollars)

19. Amount of professional indemnity insurance required:

US$500,000 (Five hundred Thousand United States Dollars)

Duration of professional indemnity insurance required:

Five (5) years after completion of the Services


Reckoned from: Completion Date.

Amount of public/third party liability insurance required:

US$ 500,000 (Five hundred Thousand United States Dollars)

22. Commencement: 7 (seven) days after the receipt of the Work Order by the

Consultant

Completion: As agreed in the Work Order

The Contract will end on 31 May 2016 unless extended as stated in the Conditions

of Contract.

31. (ii) Time for Payment

Local Currency: 28 days

Foreign Currency: Not Applicable

Agreed Compensation

for overdue payment: 0.01 per cent. per day

32. Currency of Agreement: US Dollars

36. Language of the Agreement: English

Ruling language: English

Law to which Agreement is subject: The law of the Turks and Caicos Islands

37. Consultant’s principal place of business:

41. Notices

Client’s address: South Base Grand Turk

E-mail: [email protected]

Consultant’s Address:


E-mail:

Fax:

44. Rules for Arbitration: The United Nations Commission on International Trade

Law (“UNCITRAL”) Arbitration Rules: the appointing authority shall be the

President of FIDIC or a person appointed by such President.

46. Consultant’s ultimate parent company (if any): Not Applicable.


B. ADDITIONAL CLAUSES

Clause 6 - Client’s Property

The last sentence of Clause 6 shall be deleted.

Clause 18 - Limit of Compensation and Indemnity

Clause 18.2 shall be deleted, and the following substituted:

“Indemnity 18.2

So far as the applicable law permits, the Client shall indemnify the Consultant

against the adverse effects of all claims including such claims by third parties

which arise out of or in connection with the Agreement:

(i) except insofar as they should be covered by, or are within the excesses or

deductibles of, the insurances to be arranged under the terms of Clause 19.

(ii) made after the expiry of the period of liability referred to in Clause 17.”

Clause 19 - Insurance for Liability and Indemnity

Clause 19 shall be deleted, and the following substituted:

“19. The Consultant shall:

(i) insure against his liability under Clause 16.1. in the amount stated

in the Particular Conditions, and shall maintain such insurance

during the relevant period stated in the Particular Conditions.

(ii) insure against public/third party liability, in the amount stated in

the Particular Conditions, and shall maintain such insurance until

he has ceased to provide Services.

The Consultant shall effect such insurance with an insurer and on

terms acceptable to the Client. As and when requested by the


Client from time to time, the Consultant shall produce to the Client

satisfactory evidence of his compliance with this Clause

(including, without limitation, original insurance documents, if the

Client so requires).”

Clause 20 - Insurance of Client’s Property


“ 20. If requested by the Client in writing the Consultant shall make all reasonable

efforts to insure, with an insurer and in amounts and on terms acceptable to the

Client:

(i) against loss or damage to the property of the Client supplied or paid for

under Clause 6.

(ii) against liabilities arising out of the use of such property.

The cost of such insurance shall be at the expense of the Client. As and when

requested by the Client from time to time, the Consultant shall produce to the

Client satisfactory evidence of his compliance with this Clause (including,

without limitation, original insurance documents, if the Client so requires).”

Clause 33 - Third Party Charges on the Consultant

Clause 33 shall not apply to Turks and Caicos Islands Government National Insurance

contributions properly payable.

Clause 38 - Assignment and Sub-Contracts

Add at the end of Clause 38 (ii):

“The Client may, without the consent of the Consultant, assign the benefits from the

Agreement after the Consultant has ceased to provide Services.”


Clause 39 - Copyright


“39.1 The copyright in all designs, drawings, models, plans, specifications, design

details, photographs, brochures, and other materials provided by the Consultant in

connection with the Project (whether in existence or to be made) and all

amendments and additions to them and any works, designs, or inventions of the

Consultant incorporated or referred to in them shall remain vested in the

Consultant, but the Consultant hereby grants to the Client an irrevocable royalty-

free, non-exclusive licence to use and reproduce the same for all purposes relating

to the Project including (without limitation) the construction, completion,

reconstruction, modification, extension, repair, reinstatement, refurbishment,

redevelopment, maintenance and use of the Project, such licence carrying the

right to grant sub-licences and to be transferable without the prior consent of the

Consultant.

39.2 The Consultant agrees:

(i) on request at any time give the Client or any persons authorized by the

Client access to the material referred to in Clause 39.1 and to provide

copies of it at the Client’s expense; and

(ii) at the Consultant’s expense, to provide the Client with two sets of all such

material promptly after the Consultant ceases to provide Services.

39.3 All royalties or other sums payable in respect of the supply and use of any

articles, processes or inventions required in connection with the performance of

the Services shall be paid by the Consultant and the Consultant shall indemnify


the Client from and against all claims, proceedings, damages, costs and expenses

suffered or incurred by the Client by reason of the Consultant infringing or being

held to infringe any intellectual property right in the performance of the

Services.”

Clause 40 – Conflict of Interest/Corruption and Fraud


“40. Notwithstanding any penalties that may be enforced against the Consultant under

the law of the country of the Project, or of other jurisdictions, the Client will be

entitled to terminate the Agreement in accordance with Clause 27.1(ii) and the

Consultant shall be deemed to have breached Clause 5(i), if the Consultant:

“(i) has given (before or after the award of the Agreement), 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:

(a) for doing or forbearing to do any action in relation to the Agreement

and/or its award, or

(b) for showing or forbearing to show favour or disfavour to any person in

relation to the Agreement and/or its award,

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

or after the award of the Agreement), or gives, or offers to give (directly or

indirectly) to any person any such inducement or reward as is described in this sub-

paragraph (i) (however, lawful inducements and rewards to Consultant’s employees

shall not entitle termination); or


(ii) has misrepresented facts, or has used collusive practices, in order to influence

the award of the Agreement.

In the case of sub-paragraph (i), the Client shall be entitled (in addition to any other rights

of the Client under the Agreement or otherwise) to recover from the Consultant the

amount or value of any such inducement or reward as is described in sub-paragraph (i).”

Clause 42 - Publication


“42. The Consultant shall maintain strict confidentiality in respect of the Project,

Works, Services and the affairs of the Client. In particular (without limitation),

the Consultant, either alone or jointly with others, may publish material relating to

the Works and Services only with the approval of the Client, which shall be

within the Client’s absolute discretion.”

Clause 44 - Arbitration


“44. If the mediation fails then, with the agreement of the parties, the Mediator will

record those facts that the parties have agreed. All matters in dispute will be

referred to a single Arbitrator, who will be allowed access to such recorded and

agreed facts: but the parties will continue, during any arbitration or other

proceedings, to respect the confidentiality required by Clause 43.5.

The Mediator’s role will cease on the appointment of the Arbitrator. The

Mediator will not be available to appear as a witness in the arbitration, or to

provide any additional evidence obtained during the mediation.


The arbitration will be conducted in English on Grand Turk, Turks and Caicos

Islands, in accordance with the rules stipulated in the Particular Conditions in

force at the effective date of the Agreement, on the basis that the parties agree to

waive their rights to any form of appeal, insofar as such waiver can validly be

made.”

Clause 45 - Formal Agreement

If required by the Client, the parties shall duly execute the Client/Consultant Services

Agreement in the form previously provided by the Client to the Consultant, with such

modifications as may be necessary properly to record the terms and conditions agreed

between the parties.

Clause 46 - Parent Company Guarantee

Within 14 (fourteen) days of the Agreement becoming effective in accordance with

Clause 21, the Consultant shall deliver to the Client a duly executed parent company

guarantee from the Consultant’s ultimate parent company (if any) identified in the

Particular Conditions, in the form previously provided by the Client, with such

modifications as may be necessary properly to bind the guarantor and benefit the Client.


PARENT COMPANY GUARANTEE

THIS GUARANTEE is made on the day of

Two thousand and Sixteen

BETWEEN:

(1)

whose registered office is at

(the “Guarantor”); and

(2) THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of

Government Compound, Grand Turk, Turks and Caicos Islands

(the “Client”, which term shall include its successors and assignees).

WHEREAS by an Agreement (the “Appointment”) dated 2016

and made between the Client of the one part and

(the “Consultant”) of the other part, the Consultant undertook the provision of certain

services (the “Services”) in accordance with the terms and conditions of the Appointment.

IT IS AGREED as follows:-

1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Client the due and punctual performance by the Consultant of all the obligations on

the part of the Consultant under or pursuant to the Appointment (the “Terms”) and

(as a separate stipulation and as primary obligor) agrees that if the Consultant shall in

any respect commit any breach of or fail to fulfil any of the Terms, then the

Guarantor will forthwith perform and fulfil in place of the Consultant each and every

Term in respect of which the Consultant has defaulted or which is unfulfilled by the

Consultant. The Guarantor shall be liable to the Client for all losses, damages,

expenses, liabilities, claims, costs or proceedings which the Client may suffer or incur

by reason of the said failure or breach.


2 The Guarantor shall be, and continue to be, liable under this Agreement even if the

Appointment is or becomes not binding on, or unenforceable against, the Consultant,

for any reason whatever. No alterations in the Appointment, or in the Services, and

no extension of time, forbearance or forgiveness, nor any act, matter or thing

whatsoever except an express release by the Client, shall in any way release or reduce

any liability of the Guarantor hereunder. References to the Appointment in this

Agreement shall include all amendments, variations and additions to it, whether made

before or after the date hereof.

3 This guarantee shall remain in full force and effect until performance in full of the

Terms, notwithstanding:

3.1 the insolvency or liquidation of the Consultant, the Guarantor or any other

person;

3.2 any disclaimer of the Appointment by a liquidator of the Consultant; and/or

any feature of the Appointment, the negotiations prior to the Consultant and

the Client entering into the Appointment, or the performance of the

Appointment, making it ineffective or unenforceable.

4 Until the Terms have been unconditionally and irrevocably performed in full the

Guarantor shall not by virtue of any performance or payment made by it or otherwise:

4.1 be subrogated to any rights, security or moneys held or received or receivable

by the Client; or

4.2 be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or

agreement; or

4.3 exercise any right of set-off or counterclaim against the Consultant or any

such co-surety; or


4.4 receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Consultant or any such co-surety; or

4.5 unless so directed by the Client (when the Guarantor will prove, and turn over

any realisations to the Client, in accordance with such directions) claim as a

creditor of the Consultant or any such co-surety in competition with the

Client.

5 No delay or omission of the Client in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of

such right, power or privilege nor shall any single or partial exercise of any such

right, power or privilege preclude any further exercise thereof or the exercise of any

other right, power or privilege. The rights and remedies of the Client herein provided

are cumulative and not exclusive of any rights or remedies provided by law.

6 A waiver given or consent granted by the Client under this guarantee will be effective

only if given in writing and then only in the instance and for the purpose for which it

is given.

7.1 If at any time any one or more of the provisions of this guarantee is or becomes

invalid, illegal or unenforceable in any respect under any law, the validity, legality

and enforceability of the remaining provisions hereof shall not be in any way affected

or impaired thereby.

7.2 As a separate and alternative stipulation the Guarantor unconditionally and

irrevocably agrees that any sum expressed to be payable by it or obligation to be

performed by it under this guarantee but which is for any reason (whether or not now

existing and whether or not now known or becoming known to the Guarantor) not

recoverable from or enforceable against the Guarantor on the basis of a guarantee

shall nevertheless be recoverable from or enforceable against the Guarantor as if the

Guarantor were the sole principal debtor or obligor (where relevant).


8.1 Any notice, demand or other communication to be served under this guarantee may

be served upon the Guarantor only by posting or delivering the same or sending the

same by telex or facsimile transmission to the Guarantor at its address, or telex or

facsimile number shown below:

Address:

Telex:

Fax:

or at such other address or number as the Guarantor may from time to time notify in

writing to the Client.

8.2 Any notice, demand or other communication to be served under this guarantee may

be served upon the Client only by posting or delivering the same or sending the same

by telex or facsimile transmission to the Client at its address, or telex or facsimile

number shown below:

Address:

Telex:

Fax:

or at such other address or number as the Client may from time to time notify in

writing to the Guarantor.

9 A notice or demand served by post shall be deemed duly served on the tenth business

day after the date of posting and a notice or demand sent by telex or facsimile

transmission shall be deemed to have been served at the time of transmission unless

served after 5.00 p.m. in the place of intended receipt in which case it will be deemed

served at 9.00 a.m. on the following business day. For the purposes of this clause

“business day” means a day on which commercial banks are open for business in

London, England.


10 In proving service of any notice it will be sufficient to prove, in the case of a letter,

that such letter was properly stamped or franked, addressed and placed in the post

and, in the case of telex or facsimile transmission, that such telex or facsimile was

duly transmitted on a business day to a current telex or facsimile number of the

addressee at the address referred to above.

11 The Client shall be entitled to assign or transfer all or any of the Client’s rights under

this guarantee without the consent of the Guarantor.

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

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

this guarantee shall be submitted to the jurisdiction of the courts of the Turks and

Caicos Islands.

IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the

day and year first before written in accordance with the law governing the constitution of the

Guarantor.

EXECUTED under Seal for

and on behalf of

in the presence of:

_________________________________

DIRECTOR

___________________________________ ______ _________________________

WITNESS DIRECTOR/SECRETARY


ATTESTATION CLAUSES OF CLIENT/CONSULTANT SERVICES

AGREEMENT

EXECUTED under Seal for and

on behalf of THE GOVERNMENT

OF THE TURKS AND CAICOS ISLANDS by

in the presence of:

______________________ _____________________________

WITNESS THE GOVERNOR OF THE

TURKS AND CAICOS ISLANDS

Name:………………………

EXECUTED under Seal

for and on behalf of

in the presence of:

____________________________

DIRECTOR

Name:…………………………………….

________________________ ___________________________ WITNESS DIRECTOR/SECRETARY

Name:……………………….. Name:……………………………….


APPENDIX A

SCOPE OF SERVICES

This agreement is a Call-off Agreement and as such the scope of work will not be defined

at its execution.

Work will be detailed in a Work Order which will state the scope of work; the

Consultant will determine the inputs that are required to carry out the work in the

most efficient and timely manner.

The Consultant should be aware that there may be one or more similar

Consultants’ Framework Agreements and such a Consultant are expected to bid

for the work as requested in the Work Orders in competition with other

Consultants.

For each Work Order, the Consultant is expected to submit the resources

determined to be required at the rates agreed in the Contract. Expenses will be on

a reimbursable basis.

Evaluation of each bid will be carried out and the most beneficial bid to the Client

will be accepted. This may or may not be the cheapest bid.

A Draft Work Order is attached in Annex 1 to this Appendix.


Draft Work Order

Project: Date:

Name of Consultant:

Address of Consultant:

Email Contact:

Phone Number:

Description of the Works:

Staff inputs and Reimbursables required: Name of Officer Skill required Number of

hours input

Rate (US$) Total

Expenses Agreed:

Airfares:

Other

Commencement date:

Completion date:

Signed by Engineer: Signed Received by Consultant:


APPENDIX B

PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES OF OTHERS TO

BE PROVIDED BY THE CLIENT

None unless agreed in the Consultant’s Work Order.


APPENDIX C

REMUNERATION AND PAYMENT

Payment will be made on a monthly basis in arrears

The rates in the Agreement will be fixed until the end of the Contract (31 May

2016). There will be no price fluctuations or contingencies.

The value of the work will be agreed at the rates provided in the Call-off

Agreement for the input of work described in the Work Order.

No tax is payable on Work carried out for the Turks and Caicos Islands

Government.

Certificate of Non-Collusion

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 ……….……….…….…….…………..

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…………………………………………………………………………….

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

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

1

FRAMEWORK AGREEMENT FOR

CONSULTANCY


Form 1 – Technical

To be completed fully by the authorized representative of the company and submitted with

supporting tender documentation.

Number of Employees Technical Management/Administration

Security Support and Ancillary

List of similar projects completed in the last 3 years

Project Name: Value of Services

Value of Works

(Add rows as required)

Provide an outline of services

currently supplied and

managed

(Tick all that apply and

include other fields as

required)

Submit evidence of such

services performed with

Tender.

Architectural design

Government Building

School Building

Domestic Housing

Condominiums and Hotels

Other (Please Specify)………………..

Civil Engineering

Road Design

Pavement Design

Marine Works


Contract Management

FIDIC


Mechanical and Electrical Design

Air Conditioning

Generator design

2

Solar and Alternative Energy


Structural Engineering

Steelwork

Concrete design

Structural design and hurricane impact analysis

Hurricane damage assessment

Seismic Studies


Health and Safety Policy Attached If None tick No

Yes No

Policy and Experience in Energy Saving and Green Engineering If None tick No

Yes No

3

Form 1, Annex A-- Charge out rates for Consultants

The Tenderer should complete the following according to the structure of the Company

and for each member of staff to be charged to the proposed Works

Officer’s

Name

Title/Position in

Company

Qualifications Hourly Charge

out Rate:

Office Site

eg Owner eg PHD, AIA $ $

eg Principal architect eg BSc M Arch RIBA $ $

eg Structural

Engineer

eg B Eng MICE

MIStructE

$ $

eg Draughtsman eg None $ $

$ $

$ $

Use as many lines as necessary

The above table will form part of the Agreement to determine the Charge out rate for each staff

member.

The details provide above are true and complete to the best of my /our knowledge

Signed and Dated:

By: ………………………………………….. ( Name)

On behalf of: ………………………………………….. ( Company)

Position in the company: ………..………………………………….

Date: …………………………………………….

Evaluation Criteria - Tender for Framework Agreement for Consultancy Services for TCIG

Capital Projects - TR 15/5

This Tenderer is required to sign this Section which contains all the criteria that will be used to

evaluate Tenders and qualify Tenderers. The Tenderer shall provide all the information

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

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

Part I – Qualifications to be considered.

a) Copy of the attached Non-collusion certificate.

(PLEASE ENSURE IT IS SIGNED AND

INITIALED)

Required

b) Copy of Bank Letter no older than 6 months as

evidence of good financial standing.

Required

c) Copy of letter from NHIB confirming that payments are

up to date

Required

d) Copy of letter from NIB confirming that all payments

are up to date.

Required

e) Business License Category of Company and a copy of a

valid 2015-2016 Business License or receipt of payment

for same

Required

f) Copy of Certificate of Good Standing (if a Limited

Company) or copy of Certificate of Registration (for

other entities).

Required

g) Copy of Certificate of Company Insurance. Required

h) I certify that I or any of the other Directors or Principals

of the Company have no conflict of interest within this

tender.

Required

Initial here

i) I declare that no bankruptcy or insolvency proceedings

are held against the Company or its Principals

Required

Initial here j) I declare that there is no litigation against the company

or the Principals

Required

Initial here k) I certify that no contracts with the company have been

cancelled for non-performance in the last 5 years

Required

Initial here l) Comments on the Draft Contract (if no comments are

received it is assumed that the Tenderer will be content

to agree the Contract without amendments).

Required

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: __________________

Name:__________________________ Position in Company: ____________________

Telephone Number: _________________email address: ________________________

Part II - Technical Criteria, sub-criteria and point system for the evaluation of the Full Technical Proposal are:

Points

1. Company Qualifications and Competence:

a) Fields of Service that the Company engages in.

b) Specific experience of the Consultant (as a firm) relevant to the Assignment

judged from the list of projects undertaken in the past 3 years.

c) Company Health and Safety Policy Statement.

d) Policy on Energy Saving and Green Engineering.

Total points for criterion 1: [30]

2. Organization and staffing (overall team composition):


3. Technical Staff’s qualifications and competence:

a) Principal [20]

b) Other staff (up to 3) [30]


The number of points to be assigned to each of the above positions shall be determined

considering the following three sub-criteria and relevant percentage weights:

i) General qualifications [20%]

(Education and training in the determined field [degrees, professional qualifications, etc.])

ii) Adequacy for the Assignments [70%]

(Knowledge of the sector type and years of experience)

iii) Other relevant experience

(such as familiarity with government projects etc) [10%]

Total weight: 100%

4. Transfer of knowledge (training) program (relevance of approach and methodology)


Total points for all four criteria: 100

The minimum technical score required to pass is: [70]

Part III - Financial

As this a tender for a Framework Agreement, Contracts will be negotiated with all Consultants

meeting the Minimum Technical Score.

Mini-tendering action will take place as and when Work Orders are issued to each of the

Consultants within a Framework Agreement.

Charge out rates will be as stated in Annex A of Form 1 which will form part of the Contract.

Tender for: FRAMEWORK AGREEMENT FOR

CONSULTANCY FOR TCIG CAPITAL

PROJECTS

To be returned by 9am on Tuesday 26 January, 2016

Contract No: PWD 15/06 C

ITT Reference No: TR 15/5

To: Secretary to the Procurement Board

Central Purchasing Unit

White Sands Road

Grand Turk

Turks & Caicos Islands

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