Procurement of Goodsicbjanuary 2012

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S t a n d a r d B i d d i n g D o c u m e n t

Procurement of GoodsInternational Competitive Bidding

Public Procurement Monitoring OfficeTahachal, Kathmandu

January 2012

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Guidance Notes on te !se of

"e Standard Bidding Document

This Standard Bidding Document for Procurement of Goods, has been prepared byGoernment of !epal "Go!#, Public Procurement Monitoring Office "PPMO# tofacilitate a $nternational %ompetitie Bidding Procedure and is applicable to all thePublic &ntities as defined in Public Procurement 'ct, ()*+

These guidance notes hae been prepared by the PPMO to assist a Procuring &ntity inthe preparation of Bidding Document, using the Standard Bidding Document, for theprocurement of Goods and -elated Serices Guidance notes in the Standard BiddingDocument .ithin the left s/uare brac0et and right s/uare brac0et should be deleted

This document has Sections, of .hich Section $ "$nstructions to Bidders# and Section

2$ "General %onditions of %ontract# must not be altered or modified under anycircumstances The $nitation for Bid "$3B# is a copy for adertisement that proidesreleant and essential information to help the Bidders to decide .hether or not toparticipate in the particular bidding process4 this is proided in the Biding Documentfor information only

The .ay in .hich a Procuring &ntity addresses its specific needs is through theinformation proided in the Bid Data Sheet "BDS# and the Special %onditions of%ontract "S%%# as .ell as in the detailed re/uirements of the procurement in theSchedule of -e/uirements

This Standard Bidding Document, .hen properly completed .ill proide all theinformation that a Bidder needs in order to prepare and submit a bid This shouldproide a sound basis on .hich a Procuring &ntity can fairly, transparently andaccurately carry out a bid ealuation process on the bids submitted by the Bidders

The Procuring &ntity, before publishing the $nitation for Bids, should identify and getapproal from the competent authority the procurement re/uirements, its technicalfeatures, and cost estimate 3urthermore, the Procuring &ntity should 0eep in mind theaailability of the budget and possible slicing and pac0aging to suit the procurementre/uirement

The follo.ing information briefly describes the proision included in different Sectionsof the Standard Bidding Document and also proides guidelines to the Procuring&ntities to prepare a particular Bidding Document

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Section I# Instructions to Bidders $I"B%

This Section proides releant information to help the Bidders to prepare their bids$nformation is also proided on the submission, opening, and ealuation of Bids and onthe a.ard of %ontract

The $nstructions to Bidders "$TB# specify the procedures that regulate the biddingprocess The $TB contain standard proisions that hae been designed to remainunchanged and to &e used 'itout modifying teir te(t The $TB clearly identify theproisions that may need to be specified for a particular bidding process and re/uire thatsuch specification be introduced troug te BDS

This Section also contains the criteria to be used by the Purchaser in order to determinethe lo.est ealuated Substantially -esponsie Bids and the /ualifications of the Bidderto perform the %ontract

The $nstructions to Bidders are not a %ontract document and, therefore, are not a part ofte Contract#

Section II#Bid Data Seet $BDS%

The Bid Data Sheet "BDS# contains information and proisions that are specific to a eachbidding process The Purchaser must specify in the BDS only the information that the$TB re/uest be specified in the BDS 'll information shall be proided4 no clause sall&e deleted or &e left &lan)

To facilitate the preparation of the BDS, its clauses are numbered .ith the same numbers

as the corresponding $TB clauses This Guide proides information to the Purchaser onho. to enter all re/uired information, and includes a BDS format that summari5es allinformation to be proided

Section III# *valuation and +ualification Criteria $*+C%

The purpose of the &aluation and 6ualification %riteria "&6%# is to specify thecriteria that the Purchaser .ill use to ealuate the bids and post7/ualify the lo.est7ealuated Bidder The Procuring &ntity shall prepare the &6% by ta0ing into accountthe nature, /uantity and or amount of the procurement and its related serices and

include it as a part of the Bidding Document The specifed 8&aluation and6ualification %riteria9 in the biddibg documents should neither limit the competitionnor be an onerous criteria

The &6% is not a part of the %ontract document

The Procuring Entity shall specify the evaluation criteria as follows inSection III Evaluation and Qualication Criteria (EQC):

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,inancial and "ecnical Criteria

:-lternative 1 $nsert; 8Deiations from the Terms of Payment as specified in Special%onditions of %ontract, Sub7%lause 1ustments for deiations in the deliery and completion scheduleare not considered for ealuation, the Procuring &ntity shall specify @!ot'pplicable@=

/-lternative #$nsert;

&arliest Deliery Date;

3inal Deliery Date;

8The Goods specified in the Aist of Goods are re/uired to be deliered .ithin theacceptable time range "after the earliest and before the final date, both dates inclusie#specified in Section 2, Deliery Schedule !o credit .ill be gien to delieries beforethe earliest date, and bids offering deliery after the final date shall be treated as non7responsie ithin this acceptable period, an ad>ustment of ))< percent of the bidprice per day .ill be added, for ealuation purposes only to the bid price of bidsoffering delieries later than the 8&arliest Deliery Date and .ithin final delierydate9 specified in Section 2, Deliery Schedule9

:Delete as appropriate=

perating and 3aintenance Costs

The Operating and Maintenance costs "OCM# need to be ta0en into account for bidealuation purposes .hen such costs oer the life cycle of the Goods represent animportant cost in relation to the capital or inestment cost of the Goods Differenttechnologies may inole large ariations in the capital costs of the Goods and thecosts associated .ith their OCM !ormally, more elaborate technologies andmaterials used in the manufacturing of the Goods inole higher inestment costs and


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lo.er OCM costs OCM costs are ealuated at their present alue oer the life cycleof the Goods and then added to the price of the Goods#

Typical OCM cost factors for calculation are;

"a# !umber of years for initial period of operation $t is recommended that the

initial period of operation does not eEceed the usual period before a ma>oroerhaul of the Goods is re/uired, usually bet.een fie and ten years The loador .or0ing cycle "hourly, daily, monthly, seasonal# of the Goods shall be asspecified by the Purchaser#

"b# Operating costs such as fuel, electricity, spare parts, labour andFor other inputsre/uired for the operation of the Goods

"c# -ate, in percent, to be used to discount to present alue, all of the annual futurecosts calculated under "b# aboe for the period specified in "a#

Procedures to be used for the ealuation shall be inserted or $f ad>ustment foroperating and maintenance cost are not considered for ealuation, the Procuring&ntity shall specify @!ot 'pplicable@

Spare Parts and after Sales Service ,acilities

Only those spare parts and tools .hich are specified on an item7.ise basis in the Aistof Goods and -elated Serices in Section 2, Schedule of e!uire"ents, shall beta0en into account in the bid ealuation Supplier7recommended spare parts for aspecified operating re/uirement shall not be considered in bid ealuation

[Insert: The list of items and quantities of ( specify spare parts, tools, majorassemblies, and selected components), likely to be required durin the initial period( specify period) of operation is indicated in !ection ", !chedule of #equirements$

The total cost of these items at the unit prices quoted in each bid shall be added to

the bid price$%& and or [Insert: ' id price ill be loaded by a *+ amount of bidprice, if the spare parts and after sales serices facilities for the equipment are not

aailable in $[insert the name of place such as -athmandu or .okhara etc$&$

$f spare parts and after sales serices are not considered for ealuation, the Procuring&ntity shall specify @!ot 'pplicable@

Performance and Productivity of te Goods

The ad>ustment factor for the performance or productiity of the Goods shall becalculated based on the difference bet.een the reference alue or norm "ie theefficiency# as specified in Section 2, Schedule of e!uire"ents, and thecorresponding alue guaranteed by the Bidder in its bid The method of calculation


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shall be the follo.ing;

Detailed description of the methodology shall be inserted or performance andproductiity of the goods are not considered for the ealuation, the Procuring &ntityshall specify @!ot 'pplicable@

+ualification Criteria

3or the procurement of ordinary, readily aailable, off7the7shelf items, a thoroughchec0ing of the /ualification of the bidders may not be necessary, apart fromensuring that the technical specifications are met, and that the e/uipment ormachinery has been sufficiently tested in practical terms

$f there is a need to ensure that the lo.est7ealuated Bidder has the necessary/ualifications to successfully fulfill its obligations under the contract,as the casemay be for the procurement of eEpensie and technically compleE items of plant,e/uipment and machinery for .hich a separate pre/ualification eEercise .as notconsidered feasible, the Purchaser may specify appropriate /ualification criteria inthis section

Depending on the nature of the procurement, ta0ing money and time at ris0 intoaccount, Bidders /ualifications regarding critical aspects of their financial,technical, production, shipping, installation and other capabilities necessary toperform the contract may need to be eEamined $t .ill be necessary to see0 onlyinformation essential to determine the Bidders capabilities to eEecute the contractsatisfactorily 'll these criteria shall be ealuated on a passFfail basis only Minimum

acceptable leels .ith regard to Bidders eEperience in supplying goods and relatedserices .ith comparable technical parameters, its manufacturing and installationcapacity, its financial capability and other factors must be defined

The follo.ing criteria may be used indiidually or in combination to establish one orseeral critical /ualifications of the Bidder;

Si4e of peration

'erage annual turnoer defined as the total payments receied by the Bidder forcontracts completed or under eEecution oer the last three years;

The aerage annual turnoer during last three years !-s?????

Contractual *(perience

!umber of contracts successfully completed as main supplier .ithin the last threeyears 2alue, nature, and compleEity of these contracts should be comparable to thecontract to be let

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"ecnical *(perience

Goods offered hae been in production for at least :number= years and a minimum of:number= units of similar capacity hae been sold and hae been in operationsatisfactorily for at least :number= years

Production Capacity

Minimum supply andFor production capacity re/uired to assure that the Bidder iscapable of supplying the type, si5e, and /uantity of the Goods re/uired

,inancial Position

Soundness of the Bidders financial position sho.ing long7term profitabilitydemonstrated through audited annual financial statements "balance sheet, incomestatement# for the last three years

Cas flo' Capacity

'ailability of or access to li/uid assets, lines of credit, .or0ing capital and otherfinances sufficient to meet any possible cash flo. re/uirement .hich may arise duringthe eEecution of the contract This should in appropriate cases also ta0e into account theBidders commitments for other contracts

5itigation 6istory'll pending claims, arbitration, or other litigation shall represent in total not morethan :percent= of the Bidders net .orth

The Procuring &ntity may specify 6ualification -e/uirements ta0ing intoconsideration of the nature, alue and compleEity of the Goods to be procured Some

of the eEamples are as follo.s;a# The offered goodsFe/uipment shall be latest and in current production for a

minimum of ( years $f the offered model is a ne., the manufacturer musthae eEperience in producing the similar model for a minimum of ( years

b# The bidder shall furnish a list of users .ho had purchased sameFsimilargoodsFe/uipment in last + years, and number of e/uipment sold to them,the contract amount They .ill be used as references to chec0 theperformance of the offered model, if necessary

c# The Bidder shall hae a minimum of last three "+# years oerall eEperience

in the supply of Goods and related serices

d# The Bidder shall hae a minimum of last three "+# years specific eEperiencein the supply of similar Goods and related serices of nature, /uantity and ofcontract amount to goernment enterprises or priate institutions

e# The minimum production capacity or the aailability of the goods isFare??

f# The minimum supply alue of goods under a single contract in the last three

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years???????

g# The aerage annual turnoer during last three years !-s?????

h# The minimum amount of li/uid assets or .or0ing capital or credit facility!-s?????

i# :$f the goods to be procured are of compleE and eEceptional nature=Documents of haing eEamined the production capabilities of the bidder bythe concerned Public &ntity itself or on its behalf by the competentauthority,

># %ertificate dra.n up after inspecting the goods to be procured by thecompetent /uality control institution or recogni5ed agency in respect of thespecifications and /uality of such goods

0# 'll pending claims, arbitration, or other litigation shall represent in totalnot more than


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amend the Bidding Document and eentually to eEtend the bid7submission deadline%onditional bids .ould lead to the re>ection of bids Bids that are not comparablecannot be ealuated

The Procuring &ntity shall assign eEperienced staff to draft the S- in a mannerpermitting the .idest possible competition, .hile at the same time clearly specifyingthe re/uired standards of .or0manship, the characteristics of materials andperformance of the Goods, and the deliery and completion of the Goods and -elatedSerices Only by follo.ing this approach .ill ensure that the ob>ecties of economy,efficiency, fairness, and transparency in procurement can be reali5ed as enisagedunder $nternational %ompetitie Bidding "$%B# Procedures

Section 7I# General Conditions of Contract $GCC%

The G%% contain standard proisions that hae been designed to remain unchangedand to &e used 'itout modifying teir te(t This Section proides the General%onditions of %ontract that .ill apply to the %ontract for .hich the Biding Document

is issued The G%% clearly identify the proisions that may normally need to bespecified for a particular bidding process and re/uire that such information beintroduced troug te SCC

Section 7II# Special Conditions of Contract $SCC%

This Section proides %lauses specific to the particular %ontract that modify orsupplement Section 2$; General %onditions of %ontract

The Special %onditions of %ontract "S%%# contain proisions that the G%% re/uire bespecified for a particular bidding process The Purchaser should include at the time of

issuing the Bidding Document, all information that the G%% indicate shall be proided inthe S%% !o S%% %lause should be left blan0

To facilitate the preparation of the S%%, its clauses are numbered .ith same numbers asthe corresponding G%% clauses This Guide helps the Purchaser to input all informationre/uired $t includes a S%% format that summari5es all information to be proided

The S%% is the part of %ontract Document4 therefore, the Procuring &ntity shall proidethe information in appropriate manner as indicated in the S%%

Section 7III# Contract ,orms

This Section contains the Sample letter for the intention of contract a.ard, 3orm of the!otification of '.ard, and %ontract 'greement 3orm, the forms for PerformanceSecurity and 'dance Payment Security

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BIDDING DC!3*N"

for

P8C!8*3*N" ,

te /Insert identification of Goods:

International Competitive Bidding $ICB%I,B No#

Issued on;

Bid Document issued to;

Pro.ect Name ; [insert: project name&

ffice Name ; [insert: /ffice 0ame&

ffice -ddress;[insert: /ffice 1ddress]

3inancing 'gency; Goernment Budget or AoanF%reditFGrant[Insert: 2oan34redit35rant number if financed by 6eelopment .artner&


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-&&reviations

BDS Bid Data Sheet

BD Bidding Document

D%S Deliery and %ompletion Schedule

DP ?????? Deelopment Partner

&6% &aluation and 6ualification %riteria

G%% General %onditions of %ontract

Go! Goernment of !epal

$%% $nternational %hamber of %ommerce

$3B $nitation for Bids

$ncoterms $nternational %ommercial Terms

$TB $nstructions to Bidders

AG-S Aist of Goods and -elated Serices

P'! ????? Permanent 'ccount !umber

PPMO ????? Public Procurement Monitoring Office

SBD Standard Bidding Document

SB6 Schedule of Bidder 6ualifications

S%%????? Special %onditions of %ontract

SS Schedule of Supply

TS Technical Specifications!%$T-'A ?? nited !ations %ommission on $nternational Trade Aa.2'T ????? 2alue 'dded TaE

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"a&le of Contents

Invitation for Bids

P-8" 1 < Bidding Procedures

Section I# Instructions to Bidders#################################################################################11

Section II# Bid Data Seet###############################################################################################21

Section III# *valuation and +ualification Criteria########################################################1

Section I7# Bidding ,orms###############################################################################################=1

P-8" 2 < Supply 8e9uirements

Section 7# Scedule of Supply#######################################################################################>1

P-8" < Conditions of Contract and Contract ,orms

Section 7I# General Conditions of Contract##################################################################?1

Section 7II# Special Conditions of Contract####################################################################@1

Section 7III# Contract ,orms#############################################################################################A1


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Invitation for Bids

Goernment of !epal "Go!#[0ame of .urchaser&

Invitation for Bids for te /Name of Contract:

%ontract $dentification !o; LLLLLLLLLLLLLLLLLLDate of publication; LLLLLLLLLLLLLLLLLL

!ame of the Deelopment Partner :if applicable=; LLLLLLLLLLLLLLLLLLLLLLAoanF%reditFGrant !o :if applicable=; LLLLLLLLLLLLLLLLLLLLLL

1. 1Goernment of !epal has receied a loanFcreditFgrant from [name of 6eelopmentpartner& to.ards the cost of [name of .roject& and intends to apply part of the funds tocoer eligible payments under the %ontract for [name and identification number of4ontract& Bidding is open to all eligible Bidders from all countries as defined in [the nameof the 6eelopment partner 5uidelines&

2. The [name of .urchaser& inites sealed bids from eligible bidders for the procurement of[insert brief description of goods to be procured] under International Competitive

Bidding procedures.

3. &ligible Bidders may obtain further information and inspect the bidding documents at theoffice of :name, location, mailing address, telephone and facsimile numbers and emailaddress of pro>ect office=

4. Bidding documents may be purchased on or before ??:insert date= from the aboe officeof [insert name and address] and the office of [insert name and address] by eligibleBidders on the submission of a .ritten application, along .ith the copy of companyFfirmregistration certificate, and upon payment of a non7refundable fee of !epali -upees :insert

amount]2

in cash or in form of ban0 receipt for fee deposited in Go! reenue account:insert account !o, name and address of the of the ban0= or : insert e/uialent amount inS= in the form of ban0 draft in faor of the [insert name and address].$f so re/uested,the Bidding Documents can also be sent by postFcourier serices upon payment ofadditional fee of !-s / insert amount:or S/ insert amount: No.eer, the Purchaser.ill not be responsible for delay or non7deliery of the documents so sent

5. Pre7bid meeting shall be held at :insert name and address= at :insert time and date=+

6. Sealed Bids must be submitted to the aboe office of [name and address] on or before/time: on /date= Documents receied after this deadline shall not be accepted

1This proision is only for donor funded so should be deleted in case of pro>ect funded by Goernments

resources

2 $nsert amount as specified in the Public Procurement -egulations

3 If pre-bid meeting shall not be held, delete this Para and renumber other Paras


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. Bids shall be opened in the presence of BiddersI representaties .ho choose to attend [timeand date] at the office of[address of appropriate office]. Bids must be alid for a period of:Insert number of da!s]countingfrom the day of bid opening and must be accompanied bybid security, amounting to a[insert an amount in "#s and e$uivalent %& in bet'een 2 to 3(of t)e approved estimate amount], .hich shall be valid for minimum 3* da!sbeyond the bidalidity period $ i#e#[Insert date]#

+. $n the comparison of Bids, Domestic Preference Scheme .ill be applied in accordance .ith

the proisions stipulated in the instruction to Bidders

,. $f the last date of purchasing, submission and opening falls on a goernment holiday then the

neEt .or0ing day shall be considered the last day $n such a case the bid alidity and bid

security alidity shall be recogni5ed .ith effect from the original bid submission deadline

1*. The Purchaser reseres the right to accept or re>ect, .holly or partly any or all the bids

.ithout assigning reason, .hatsoeer

:The Purchaser may add any additional information as re/uired for proiding information tothe bidders But this additional information should not be in contrary to other proisions ofthe &idding document#

$n case of $3B is to be published on lot basis the Purchaser may add follo.ing informationunder clause ( aboe;

$n case of bid inited for any combination of contract lots, the bidder may submit the bid forone or more lots as detailed belo. and may offer discountsF cross discounts for different

a.ard combinations &aluation for each contract lot .ill be done separately but thedecision on contracts a.ard .ill be based on the bid price combinations that .ill result inleast cost to the Purchaser

The name and identification of the contract are as follo.s;


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Section I# Instructions to Bidders

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Section I# Instructions to Bidders

"a&le of Contents

-# General###############################################################################################################1

1 Scope of Bid17J( Source of 3unds17J+ 3raud and %orruption17J &ligible Bidders171(

* Site 2isitH Sections of the Bidding Document171< %larification of Bidding DocumentFPre7Bid Meeting171*J 'mendment of Bidding Document171*

C# Preparation of Bids##########################################################################################11?

1) %ost of Bidding171*11 Aanguage of Bid171*1( Documents %omprising the Bid171H1+ Bid Submission Sheet and Price Schedules171H

1 'lternatie Bids171H1

(+ Sealing and Mar0ing of Bids17(ect in all respects to the terms and conditions of thatAoan 'greement !o party other than the Go! shall derie anyrights from the Aoan 'greement or hae any claim to the funds

# ,raud and +1 The Goernment of !epal "Go!# re/uires that the procuring


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Corruption entities as .ell as bidders, suppliers, and contractors and theirsub7contractors under Go!FDP7financed contracts, shall adhere tothe highest standard of ethics during the procurement andeEecution of such contracts $n this conteEt , the Purchaser4

"a# defines, for the purposes of this proision, the terms set forthbelo. as follo.s;

"i# 8corrupt practice9 means the offering, giing, receiing, orsoliciting, directly or indirectly, anything of alue toinfluence improperly the actions of another party4

"ii# 8fraudulent practice9 means any act or omission,including a misrepresentation, that 0no.ingly orrec0lessly misleads, or attempts to mislead, a party toobtain a financial or other benefit or to aoid an

obligation4

"iii# 8coercie practice9 means impairing or harming, orthreatening to impair or harm, directly or indirectly, anyparty or the property of the party to influence improperlythe actions of a party4

"i# 8collusie practice9 means an arrangement bet.een t.oor more parties designed to achiee an improper purpose,including influencing improperly the actions of anotherparty

"# 8obstructie practice9 means;

"aa# deliberately destroying, falsifying, altering orconcealing of eidence material to the inestigationor ma0ing false statements to inestigators in order tomaterially impede a Go!FDP inestigation intoallegations of a corrupt, fraudulent, coercie orcollusie practice4 andFor threatening, harassing orintimidating any party to preent it from disclosingits 0no.ledge of matters releant to the inestigationor from pursuing the inestigation4 or

"bb# acts intended to materially impede the eEercise ofthe Go!sFDPs inspection and audit rights proidedfor under sub7clause +< belo.

"cc# .ill re>ect bid"s# if it determines that the bidder

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has, directly or through an agent, engaged incorrupt, fraudulent, collusie, coercie, orobstructie practices in competing for the contract in/uestion4

"dd# .ill sanction a firm or indiidual, includingdeclaring ineligible, for a stated period of time, to bea.arded a Go!FDP7financed contract if it at anytime determines that the firm has, directly orthrough an agent, engaged in corrupt, fraudulent,collusie, coercie, or obstructie practices incompeting for, or in eEecuting, a Go!FDP7financedcontract

+( The Bidder shall not carry out or cause to carryout the follo.ingacts .ith an intention to influence the implementation of the

procurement process or the procurement agreement ;

"a# gie or propose improper inducement directly or indirectly,

"b# distortion or misrepresentation of facts,

"c# engaging in corrupt or fraudulent practice or inoling insuch act,

"d# interference in participation of other competing bidders,

"e# coercion or threatening directly or indirectly to cause harm

to the person or the property of any person to be inoled inthe procurement proceedings,

"f# collusie practice among bidders before or after submissionof bids for distribution of .or0s among bidders or fiEingartificialFuncompetitie bid price .ith an intention todeprie the &mployer the benefit of open competitie bidprice,

"g# contacting the &mployer .ith an intention to influence the&mployer .ith regards to the bids or interference of any

0ind in eEamination and ealuation of the bids during theperiod from the time of opening of the bids until thenotification of a.ard of contract

++ PPMO on the recommendation of the Purchaser may &lac)listaBidder for a period of one "1# to three "+# years for its conductincluding the follo.ing grounds and seriousness of the actcommitted by the bidder;

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"a# if conicted by a court of la. in a criminal offence .hichdis/ualifies the Bidder from participating in the contract,

"b# if it is established that the contract agreement signed by theBidder .as based on false or misrepresentation of Bidders

/ualification information,

+ ' bidder declared blac0listed and ineligible by the Go!, Publicprocurement Monitoring Office "PPMO# andFor the DP in case ofDP funded pro>ect, shall be ineligible to bid for a contract duringthe period of time determined by the Go!, PPMO andFor the DP

+< The Supplier shall permit the Go!FDP to inspect the Suppliersaccounts and records relating to the performance of the Supplierand to hae them audited by auditors appointed by the Go!FDP,if so re/uired by the Go!FDP

+* DP 3unded; $n pursuance of the fraud and corruption policy, theDP

"a# .ill re>ect a proposal if it determines that the bidderrecommended for a.ard has directly or through an agent,engaged in corrupt, fraudulent, collusie, coercie, orobstructie practices in competing for the contract in/uestion4

"b# .ill cancel the portion of the loanF creditF grant allocated toa contract if it determines at any time that representatie"s#

of the Go! or of a beneficiary of the fund engaged incorrupt, fraudulent, collusie, or coercie practices duringthe procurement or the eEecution of that contract, .ithoutthe Go! haing ta0en timely and appropriate actionsatisfactory to the DP to address such practices .hen theyoccur

=# *ligi&le

Bidders

1 ' Bidder may be a natural person, priate entity, goernment7o.ned entity "sub>ect to $TB # or any combination of them.ith a formal intent to enter into an agreement or under aneEisting agreement in the form of a oint 2enture "2# $n the

case of a 2;

"a# all parties to the 2 shall be >ointly and seerally liable4and

"b# a 2 shall nominate a -epresentatie .ho shall hae theauthority to conduct all businesses for and on behalf of anyand all the parties of the 2 during the bidding process

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and, in the eent the 2 is a.arded the %ontract, duringcontract eEecution

( ' Bidder shall not hae a conflict of interest 'll Bidders found tohae a conflict of interest shall be dis/ualified ' Bidder may

be considered to be in a conflict of interest .ith one or moreparties in this bidding process if, including but not limited to;

"a# hae controlling shareholders in common4 or

"b# receie or hae receied any direct or indirect subsidyfrom any of them4 or

"c# hae the same legal representatie for purposes of this Bid4 or

"d# hae a relationship .ith each other, directly or throughcommon third parties, that puts them in a position to haeaccess to information about or influence on the Bid ofanother Bidder, or influence the decisions of the Purchaserregarding this bidding process4 or

"e# a Bidder participates in more than one bid in this biddingprocess Participation by a Bidder in more than one Bid.ill result in the dis/ualification of all Bids in .hich it isinoled No.eer, this does not limit the inclusion of thesame subcontractor, not other.ise participating as aBidder, in more than one bid4 or

"f# a Bidder or any of its affiliates participated as a consultantin the preparation of the design or technical specificationsof the goods and serices that are the sub>ect of the bid

+ ' Bidder that is under a declaration of ineligibility by theGo!FDP in accordance .ith $TB +, at the date of the deadlinefor bid submission or thereafter, shall be dis/ualified The list ofdebarred firms is aailable at the electronic address specified inthe BDS

Goernment7o.ned enterprises in !epal shall be eligible only if

they can establish that they "i# are legally and financiallyautonomous, "ii# operate under the principles of commercial la.,and "iii# are not dependent agencies of the Purchaser

< Bidders shall proide such eidence of their continued eligibilitysatisfactory to the Purchaser, as the Purchaser shall reasonablyre/uest

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* 3irms shall be eEcluded in any of the cases, if

"a# by an act of compliance .ith a decision of the nited !ationsSecurity %ouncil ta0en under %hapter 2$$ of the %harter ofthe nited !ations, the Purchasers country prohibits any

import of goods or %ontracting of .or0s or serices from thatcountry or any payments to persons or entities in that country

"b# DP 3unded; as a matter of la. or official regulation, !epalprohibits commercial relations .ith that country, proidedthat the DP is satisfied that such eEclusion does not precludeeffectie competition for the supply of goods or relatedserices re/uired4

"c# DP 3unded; a firm has been determined to be ineligible by theDP in relation to their guidelines or appropriate proisions on

preenting and combating fraud and corruption in pro>ectsfinanced by them

H DP ,unded; ' bidder and all parties constituting the Bidder shallhae the nationality of an eligible country as defined by theconcerned DP

Domestic Bidders shall be eligible only if the bidder has obtainedPermanent 'ccount !umber "P'!#, 2alue 'dded TaE "2'T#registration certificate"s# and TaE clearance certificate or proofof submission of income return as stated in BDS from the$nland -eenue office 3oreign Bidders shall be eligible only if

the bidder submits the documents indicated in the BDS at thetime of bid submission and a declaration to submit thedocument"s# indicated in the BDS at the time of contractagreement

># *ligi&le Goods

and 8elated

Services


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o.n responsibility and ris0, is encouraged to isit and eEaminethe Site and obtain all information that may be necessary forpreparing the Bid and entering into a contract for the supply ofgoods and related serices

*( The Bidder should ensure that the Purchaser is informed of theisit in ade/uate time to allo. it to ma0e appropriatearrangements

*+ The costs of isiting the Site shall be at the Bidders o.neEpense

B# Contents of Bidding Document

@# Sections of

te Bidding

Document

H1 The Bidding Document consist of Parts 1, (, and +, .hich includeall the Sections indicated belo., and should be read in

con>unction .ith any 'ddenda issued in accordance .ith $TB

P-8" 1 Bidding Procedures

Section $ $nstructions to Bidders "$TB#

Section $$ Bid Data Sheet "BDS#

Section $$$ &aluation and 6ualification %riteria

Section $2 Bidding 3orms

P-8" 2 Supply 8e9uirements

Section 2 Schedule of Supply

P-8" Conditions of Contract and Contract ,orms

Section 2$ General %onditions of %ontract "G%%#

Section 2$$ Special %onditions of %ontract "S%%#

Section 2$$$ %ontract 3orms

H( The $nitation for Bids issued by the Purchaser is not part of theBidding Document

H+ The Purchaser is not responsible for the completeness of theBidding Document and its addenda, if they .ere not obtaineddirectly from the Purchaser

1


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H The Bidder is eEpected to eEamine all instructions, forms, terms,and specifications in the Bidding Document 3ailure to furnishall information or documentation re/uired by the BiddingDocument may result in the re>ection of the Bid

A# Clarificationof Bidding

DocumentPre

Bid 3eeting

1 ' prospectie Bidder re/uiring any clarification of the BiddingDocument shall contact the Purchaser in .riting at thePurchasers address indicated in the BDS The Purchaser .illrespond in .riting to any re/uest for clarification, proided thatsuch re/uest is receied .ithin the time limit specified in theBDS prior to the deadline for submission of Bids ThePurchaser shall for.ard copies of its response to all Bidders .hohae ac/uired the Bidding Document directly from it, includinga description of the in/uiry but .ithout identifying its sourceShould the Purchaser deem it necessary to amend the BiddingDocument as a result of a clarification, it shall do so follo.ing

the procedure under $TB and 2=#2#

( The purchaser may organi5e a pre7bid meeting of Bidders at leastfifteen "1


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11# 5anguage of

Bid

The Bid, as .ell as all correspondence and documents relating to theBid eEchanged by the Bidder and the Purchaser, shall be .ritten in thelanguage specified in te BDS Supporting documents and printedliterature that are part of the Bid may be in another language proidedthey are accompanied by an accurate translation of the releant

passages in the language specified in te BDS, in .hich case, forpurposes of interpretation of the Bid, such translation shall goern

12# Documents

Comprising

te Bid

1(1 The Bid shall comprise the follo.ing;

"a# Bid Submission Sheet and the applicable Price Schedules,in accordance .ith $TB %lauses 1, 1>and1?E

"b# Bid Security, in accordance .ith $TB 21E

"c# alternatie bids, if permissible, in accordance .ith $TB1=E

"d# .ritten confirmation authori5ing the signatory of the Bid

to commit the Bidder, in accordance .ith $TB 22E

"e# documentary eidence in accordance .ith $TB 1@establishing the Bidders eligibility to bid4

"f# documentary eidence in accordance .ith $TB %lauses 1Aand 1that the Goods and -elated Serices conform tothe Bidding Document4

"g# documentary eidence in accordance .ith $TB 1establishing the Bidders /ualifications to perform thecontract if its Bid is accepted4 and

"h# any other document re9uired in teBDS

1# Bid

Su&mission

Seet and

Price

Scedules

1+1 The Bidder shall submit the Bid Submission Sheet using the formfurnished in Section I7 Bidding ,orms This form must becompleted .ithout any alterations to its format, and nosubstitutes shall be accepted 'll blan0 spaces shall be filled in.ith the information re/uested

1+( The Bidder shall submit the Price Schedules for Goods and-elated Serices, according to their origin as appropriate, usingthe forms furnished in Section I7 Bidding ,orms

1=# -lternativeBids

11 nless other.ise indicated in teBDS, alternatie bids shall notbe considered

1># Bid Prices and

Discounts

1


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separately in the Price Schedules $f a Price Schedule sho.sitems listed but not priced, their prices shall be assumed to beincluded in the prices of other items $tems not listed in the PriceSchedule shall be assumed not to be included in the Bid, andproided that the Bid is substantially responsie, the

corresponding ad>ustment shall be applied in accordance .ith$TB 2#

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#

"b# 3or Goods manufactured outside !epal, to be imported;

i# the price of the goods /uoted %$3 "named port ofdestination#, or %$P"border point#,or %$P"named

place of destination#, named place of destination asspecified in the BDS4

ii# the price for inland transportation, insurance,and other local serices re/uired to coney theGoods from the named place of destination to theirfinal destination "Pro>ect Site# specified in the BDSE

iii# in addition to the %$P prices specified in "b#"i#aboe, the price of the Goods to be imported maybe /uoted 3%' "named place of destination# or %PT"named place of destination#, if so specified in the

BDSE

"c# 3or Goods manufactured outside !epal, already imported;

[7or preiously imported 5oods, the quoted price shall bedistinuishable from the oriinal import alue of these

5oods declared to customs and shall include any rebate or

mark8up of the local aent or representatie and all localcosts e9cept import duties and ta9es, hich hae been

and3or hae to be paid by the .urchaser$ 7or clarity the

bidders are asked to quote the price includin importduties, and additionally to proide the import duties and

the price net of import duties hich is the difference ofthose alues$&

$i% the price of the Goods, including the originalimport alue of the Goods4 plus any mar07up "orrebate#4 plus any other related local cost, andcustom duties and other import taEes already paidor to be paid on the Goods already imported

$ii% the custom duties and other import taEesalready paid "need to be supported .ith

documentary eidence# or to be paid on theGoods already imported4

$iii% the price of the Goods, obtained as thedifference bet.een "i# and "ii# aboe4

$iv% any sales and other taEes .hich .ill be payableon the Goods if the contract is a.arded to theBidder4 and

1


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$v% the price for inland transportation, insurance,and other local serices re/uired to coney theGoods from the named place of destination totheir final destination "Pro>ect Site# specified inthe BDS#

"d# 3or -elated Serices, other than inlandtransportation and other serices re/uired toconey the Goods to their final destination,.heneer such -elated Serices are specified inthe Schedule of -e/uirements;

"i# the local currency cost component of each itemcomprising the -elated Serices4 and

"ii# the foreign currency cost component of eachitem comprising the -elated Serices,

inclusie of all custom ruties, 2alue 'dded TaEand other taEes aplicable in the Purchaserscountry ,payable on the related serices ,if thecontract is a.arded to the Bidder;

1ect to ariation on anyaccount, unless other.ise specified in te BDS ' Bidsubmitted .ith an ad>ustable price /uotation shall be treated asnonresponsie and shall be re>ected No.eer, if in accordance

.ith the BDS, prices /uoted by the Bidder shall be sub>ect toad>ustment during the performance of the %ontract, a Bidsubmitted .ith a fiEed price /uotation shall not be re>ected, butthe price ad>ustment shall be treated as 5ero

$f so indicated pursuant to $TB 11, Bids are being inited forindiidual contracts "lots# or for any combination of contracts"pac0ages# nless other.ise indicated in the BDS, prices/uoted shall correspond to 1))Q of the items specified for eachlot and to 1))Q of the /uantities specified for each item of a lotBidders .ishing to offer any price reduction for the a.ard of

more than one %ontract shall specify the applicable pricereductions in accordance .ith $TB 1>#=proided the bids forall lots are submitted and opened at the same time

1?# Currencies of

Bid

1*1 Bid prices shall be /uoted in the follo.ing currencies;

"a# Bidders may eEpress their bid price in any fullyconertible currency $f a Bidder .ishes to be paid in a

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combination of amounts in different currencies, it may/uote its price accordingly but shall use no more thanthree currencies in addition to the !epalese currency

"b# 'll eEpenditures that are to be incurred in !epal for i#

inland transportation and related costs, ii# all taEes, andiii# local currency cost component of related sericesother than inland transportation and other sericesshould be eEpressed in the Bid in !epalese currency and.ill be payable in !epalese currency

1@# Documents

*sta&lising

te *ligi&ility

of te Bidder

1H1 To establish their eligibility in accordance .ith $TB , Biddersshall;

"a# complete the eligibility declarations in the BidSubmission Sheet, included in Section I7 Bidding

,orms4 and

"b# if the Bidder is an eEisting or intended 2 in accordance.ith $TB =#1 submit a copy of the 2 'greement, or aletter of intent to enter into such an 'greement Therespectie document shall be signed by all legallyauthori5ed signatories of all the parties to the eEisting orintended 2, as appropriate

1H( Bidders, applying for eligibility for domestic proference as indicated in $TB +ected by the purchaser asnonresponsie

()( $n eEceptional circumstances, prior to the eEpiration of the bidalidity period, the Purchaser may re/uest Bidders to eEtend theperiod of alidity of their Bids The re/uest and the responsesshall be made in .riting $f a Bid Security is re/uested inaccordance .ith $TB 21, it shall also be eEtended for acorresponding period ' Bidder may refuse the re/uest .ithoutforfeiting its Bid Security ' Bidder granting the re/uest shallnot be re/uired or permitted to modify its Bid

21# Bid Security (11 nless other.ise specified in t)eB-&, the Bidder shall furnishas part of its bid, in original form, a Bid Security as specified int)e B-&

(


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(1( $f a bid security is specified pursuant to $TB 21#1, the bidsecurity shall be in any of the follo.ing forms at the Biddersoption;

"a# original copy of an unconditional &an) guarantee from

reputed commercial foreign &an) orE

"b# original copy of an unconditional &an) guarantee fromF-F class commercial &an) in Nepal orE

"c# original copy of casdeposit oucher in the PurchaserIs'ccount as specified in B-&

$n case of a ban0 guarantee, the Bid Security shall be submittedusing the Bid Security 3orm included in &ection I/ Bidding

0orms. The form must include the complete name of theBidder The Bid Security shall be alid for minimum thirty "+)#days beyond the end of the alidity period of the bid This shallalso apply if the period for bid alidity is eEtended

' bid security issued by foreign ban0 must be counter Rguaranteed by an @'@ class commercial ban0 in !epalacceptable to the Purchaser

(1+ $f a bid Security is re/uired in accordance .ith $TB 21#1, anyBid not accompanied by an enforceable and compliant BidSecurity in accordance .ith $TB 21#2, shall be re>ected by thePurchaser as nonresponsie

(1 $f a Bid Security is specified pursuant to $TB 21#1, the BidSecurity of unsuccessful Bidders shall be returned .ithin three"+# days upon the successful Bidder furnishing of the signed%ontract 'greement and the Performance Security pursuant to$TB =

(1< $f a Bid Security is specified pursuant to $TB 21#1, the BidSecurity of the successful Bidder shall be returned as promptlyas possible once the successful Bidder has signed the %ontract

'greement and furnished the re/uired Performance Security

(1* The Bid Security may be forfeited;

"a# if a Bidder .ithdra.s its Bid during the period of bidalidity specified by the Bidder on the Bid SubmissionSheet, eEcept as proided in $TB 20#2Eor

(


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"b# if the successful Bidder fails to;

"i# sign the %ontract in accordance .ith $TB ==4 or

"ii# furnish a Performance Security in accordance .ith

$TB =

(1H The Bid Security of a 2 must be in the name of the 2 thatsubmits the bid $f the 2 has not been legally constituted at thetime of bidding, the Bid Security shall be in the names of allfuture partners as named in the letter of intent mentioned in $TB1@#1#

22# ,ormat and

Signing of Bid

((1 The Bidder shall prepare one original of the documentscomprising the Bid as described in $TB 1( and clearly mar0 it8O-$G$!'A9 $n addition, the Bidder shall submit copies ofthe Bid, in the number specified in t)e B-&and clearly mar0them 8%OP9 $n the eent of any discrepancy bet.een theoriginal and the copies, the original shall preail

((( The original and all copies of the Bid shall be typed or .ritten inindelible in0 and shall be signed by a person duly authori5ed tosign on behalf of the Bidder This authori5ation shall be attached.ith the Bid

((+ 'ny amendments such as interlineations, erasures, or oer.ritingshall be alid only if they are signed or initialed by the personsigning the Bid

D# Su&mission and pening of Bids

2# Su&mission

Sealing and

3ar)ing of

Bids

(+1 Bidders may al.ays submit their bids by mail or by hand or bycourier hen so specified in t)e B-&, Bidders hae the optionof submitting their bids electronically Bidders submitting bidselectronically shall follo. the electronic bid submissionprocedures specified in t)e B-&

(+( Bidders submitting bids by mail or by hand or by courier shall

enclose the original and each copy of the Bid, includingalternatie bids, if permitted in accordance .ith $TB 1=, inseparate sealed enelopes, duly mar0ing the enelopes as8O-$G$!'A9, 8'AT&-!'T$2&9 and 8%OP9 Theseenelopes containing the original and the copies shall then beenclosed in one single enelope The rest of the procedure shallbe in accordance .ith $TB 2#and 2#=

(


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(++ The inner and outer enelopes shall;

"a# bear the name and address of the Bidder4

"b# be addressed to the Purchaser in accordance .ith $TB2=#14

"c# bear the specific identification of this bidding processpursuant to $TB 11 and any additional identificationmar0s as specified in the BDS4 and

"d# bear a .arning @!OT TO OP&! B&3O-& TN& T$M&'!D D'T& 3O- B$D OP&!$!G@, in accordance .ith$TB 2@#1#

(+ $f all enelopes are not sealed and mar0ed as re/uired, thePurchaser .ill assume no responsibility for the misplacement orpremature opening of the bid

2=# Deadline forSu&mission of

Bids

(1 Bids must be receied by the Purchaser at the address and no laterthan the date and time indicated in t)e B-&

(( The Purchaser may, at its discretion, eEtend the deadline for thesubmission of Bids by amending the Bidding Document inaccordance .ith $TB J, in .hich case all rights and obligationsof the Purchaser and Bidders preiously sub>ect to the deadlineshall thereafter be sub>ect to the deadline as eEtended

2># 5ate Bids (


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(*( Bids re/uested to be .ithdra.n in accordance .ith $TB 2?#1shallbe returned unopened to the Bidders

(*+ !o Bid shall be .ithdra.n or modified in the interal bet.een thedeadline for submission of bids and the eEpiration of the period

of bid alidity specified by the Bidder on the Bid SubmissionSheet or any eEtension thereof

(* Sealed enelope pursuant to $TB 2?#1shall be opened only on thedate and time of opening of bid

2@# Bid pening (H1 The Purchaser shall conduct the bid opening in public in thepresence of bidder or its representatie .ho chose to attend atthe address, date and time specified in the BDS 'ny specificelectronic bid opening procedures re/uired if electronic biddingis permitted in accordance .ith $TB 2#1, shall be as specifiedin the BDS

(H( Before opening the bids the purchaser shall separate the enelopesof the bids receied after the deadline of bid submission, theenelopes containing an application gien for 8$TND-''A9,or 8MOD$3$%'T$O!9 of bids and theenelopes of bids duly registered The bids receied after thedeadline of submission shall be returned to the concerned bidderunopened Then enelopes mar0ed 8$TND-''A9 shall beopened first, read out, and recorded, and the enelope containingthe corresponding Bid shall not be opened, but returned to theBidder $f the .ithdra.al notice is not accompanied by a copy ofthe alid authori5ation pursuant to $TB 22#2, the .ithdra.alshall not be permitted and the corresponding Bid .ill be opened!eEt &nelopes mar0ed 8MOD$3$%'T$O!9 shall be opened,read out, and recorded .ith the corresponding Bid !o Bid shallbe modified unless the corresponding 8Modification9 !oticecontains a alid authori5ation to re/uest the modification and isread out and recorded at bid opening Only enelopes that areopened, read out, and recorded at bid opening shall beconsidered further

(H+ 'll other enelopes shall be opened one at a time, and thefollo.ing read out and recorded; the name of the Bidder and

.hether there is a modification4 the Bid Prices "per lot ifapplicable#, any discounts and alternatie offers4 the presence ofa Bid Security, if re/uired4 if there is discrepancy bet.eenfigure and .ords, description of such discrepancy4 .hether thebid form is signed by the bidder or his agent4 and any otherdetails as the Purchaser may consider appropriate Onlydiscounts and alternatie offers read out and recorded at bidopening shall be considered for ealuation !o Bid shall be

(


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re>ected at bid opening eEcept for late bids, in accordance .ith$TB 2>#1#

(H The Purchaser shall prepare a record of the bid opening that shallinclude, as a minimum; the name of the Bidder and .hetherthere is a .ithdra.al or modification4 the Bid Price, per lot if

applicable, any discounts and alternatie offers if they .erepermitted4 and the presence or absence of a Bid Security TheBidders representaties .ho are present shall be re/uested tosign the record The omission of a Bidders signature on therecord shall not inalidate the contents and effect of the record' copy of the record shall be distributed to all Bidders .hosubmitted bids in time, and posted on line .hen electronicbidding is permitted The Bidders representaties .ho arepresent shall also be re/uested to sign an attendance sheet

*# *valuation and Comparison of Bids

2A# Confidentiality (1 $nformation relating to the eEamination, ealuation, comparison,and post7/ualification of Bids, and recommendation of contracta.ard, shall not be disclosed to Bidders or any other persons notofficially concerned .ith such process until publication of the%ontract a.ard4 thereafter, information .ill be disclosed inaccordance .ith $TB ==# 2

(( 'ny attempt by a Bidder to influence the Purchaser in theeEamination, ealuation, comparison, and post7/ualification of

the Bids or %ontract a.ard decisions may result in the re>ectionof its Bid

(+ !ot.ithstanding $TB 2A#2from the time of bid opening to thetime of %ontract a.ard, if any Bidder .ishes to contact thePurchaser on any matter related to the bidding process, it shoulddo so in .riting

2# Clarification

of Bids

(J1 To assist in the eEamination, ealuation, comparison and post7/ualification of the Bids, the Purchaser may, at its discretion, as0any Bidder for a clarification of its Bid 'ny clarification

submitted by a Bidder .ith regard to its Bid and that is not inresponse to a re/uest by the Purchaser shall not be consideredThe Purchasers re/uest for clarification and the response shallbe in .riting !o change in the prices or substance of the Bidshall be sought, offered, or permitted, eEcept to confirm thecorrection of arithmetic errors discoered by the Purchaser inthe ealuation of the Bids, in accordance .ith $TB

(


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0# Deviations

8eservations

and missions

+)1 During the ealuation of bids, the follo.ing definitions apply;

"a# 8Deiation9 is a departure from the re/uirements specifiedin the Bidding Document4

"b# 8-eseration9 is the setting of limiting conditions or.ithholding from complete acceptance of the re/uirementsspecified in the Bidding Document4 and

"c# 8Omission9 is the failure to submit part or all of theinformation or documentation re/uired in the BiddingDocument

1# Determination

of

8esponsiveness

+11 The Purchasers determination of the responsieness of a Bid isto be based on the contents of the Bid itself, as defined in $TB1(

+1( ' substantially responsie bid is one that meets the re/uirementsof the Bidding Document .ithout material deiation,reseration, or omission ' material deiation, reseration, oromission is one that,

"a# if accepted, .ould;

"i# affect in any substantial .ay the scope, /uality, orperformance of the Goods and -elated Sericesspecified in Section 7 Scedule of Supply4 or

"ii# limits in any substantial .ay, inconsistent .ith the

Bidding Document, the Purchasers rights or theBidders obligations under the proposed %ontract4 or

"b# if rectified, .ould unfairly affect the competitie positionof other Bidders presenting substantially responsie bids

+1+ The Purchaser shall eEamine the technical aspects of the bid inparticular, to confirm that all re/uirements of Section 7Scedule of Supply hae been met .ithout any materialdeiation or reseration

2# NonmaterialNon

conformities

+(1 Proided that a Bid is substantially responsie, the Purchaser may.aie any non7conformity in the bid that does not constitute amaterial deiation, reseration or omission

+(( Proided that a Bid is substantially responsie, the Purchaser mayre/uest that the Bidder submit the necessary information ordocumentation, .ithin a reasonable period of time, to rectifynon7material non7conformities or omissions in the Bid related to

(


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documentation re/uirements -e/uesting information ordocumentation on such nonconformities shall not be related toany aspect of the price of the Bid 3ailure of the Bidder tocomply .ith the re/uest may result in the re>ection of its Bid

+(+ Proided that a Bid is substantially responsie, the Purchasershall rectify non7material nonconformities or omissions To thiseffect, the Bid Price shall be ad>usted, for comparison purposesonly, to reflect the price of the missing or non7conforming itemor component The ad>ustment shall be made using the methodindicated in Section III *valuation and +ualificationCriteria#

+( $f minor differences are found such as in technical specification,description, feature .hich do not ma0e the bid to be re>ected,then the cost, .hich is calculated to the eEtent possible due to

such differences, shall be included .hile ealuating bid

+(< $f the alue is found fifteen percent more than the /uoted amountof the bidder on account of minor differences pursuant to $TB+(, such bid shall be considered ineffectie in substance andshall not be considered for ealuation

# Correction of

-ritmetical

*rrors

++1Proided that the Bid is substantially responsie, the Purchasershall correct arithmetical errors on the follo.ing basis;

"a# if there is a discrepancy bet.een the unit price and thetotal price that is obtained by multiplying the unit price

and /uantity, the unit price shall preail and the total priceshall be corrected, unless in the opinion of the Purchaserthere is an obious misplacement of the decimal point inthe unit price, in .hich case the total price as /uoted shallgoern and the unit price shall be corrected4

"b# if there is an error in a total corresponding to the additionor subtraction of subtotals, the subtotals shall preail andthe total shall be corrected4 and

"c# if there is a discrepancy bet.een .ords and figures, the

amount in .ords shall preail, unless the amounteEpressed in .ords is related to an arithmetic error, in.hich case the amount in figures shall preail sub>ect to"a# and "b# aboe

++( $f the Bidder that submitted the lo.est ealuated Bid does notaccept the correction of errors, its Bid shall be re>ected and itsbid security shall be forfeited

+)


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=# Conversion to

Single

Currency

+1 3or ealuation and comparison purposes, the price /uoted indifferent currency"ies# of the bid shall be conerted into!epalese -upees using the selling eEchange rates established by!epal -astra Ban0 and on the date of bid opening

># DomesticPreference

+ustment for correction of arithmetic errors inaccordance .ith $TB #1E

"c# price ad>ustment due to discounts offered in accordance.ith $TB 1>#=4 and

"d# price ad>ustment due to application of the ealuationcriteria specified in the BDS from amongst those set out inSection III *valuation and +ualification Criteria#

These criteria may include factors related to thecharacteristics, performance, and terms and conditions ofpurchase of the Goods and -elated Serices .hich shallbe eEpressed to the eEtent practicable in monetary terms tofacilitate comparison of bids unless other.ise specified inSection III *valuation and +ualification Criteria#

"e# price ad>ustment due to the application of a margin of

preference in accordance .ith $TB clause >

+* The Purchasers ealuation of a bid .ill eEclude and not ta0e intoaccount;

"a# in the case of Goods offered from .ithin !epal, all salestaE and all other taEes, applicable in !epal and payable onthe Goods if the %ontract is a.arded to the Bidder4

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"b# in the case of Goods offered from outside !epal, allcustoms duties, sales taE, and other taEes, applicable in!epal and payable on the Goods if the %ontract isa.arded to the Bidder4 and

"c# any allo.ance for price ad>ustment during the period ofperformance of the %ontract, if proided in the Bid

+*< The Purchasers ealuation of a bid may re/uire the considerationof other factors, in addition to the Bid Price /uoted in accordance.ith $TB %lause 1


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-ccept -ny

Bid and to

8e.ect -ny or

-ll Bids

to %ontract a.ard, .ithout thereby incurring any liability to theBidders

,# -'ard of Contract

=0# -'ard

Criteria

)1 The Purchaser shall select for a.arding the %ontract to the Bidder.hose offer has been determined to be the lo.est ealuated Bidand is substantially responsie to the Bidding Document,proided further that the Bidder is determined to be /ualified toperform the %ontract satisfactorily

=1# PurcaserHs

8igt to 7ary

+uantities at

"ime of-'ard

11 't the time the %ontract is a.arded, the Purchaser reseres theright to increase or decrease the /uantity of Goods and -elatedSerices originally specified in Section 7 Scedule of Supply

proided this does not eEceed the percentages indicated in teBDS, and .ithout any change in the unit prices or other termsand conditions of the Bid and the Bidding Document

=2# Notification of

Intention to

-'ard

(1 The Purchaser shall notify the concerned Bidder .hose bid hasbeen selected in accordance .ith $TB =0#1.ithin seen days ofthe selection of the bid, in .riting that the Purchaser hasintention to accept hisFher bid and the information regardingname, address and bid amount of the selected bidder shall begien to all other bidders using the 8Aetter of $ntention9 formincluded in Section 2$$$ Contract ,orms

(( $f no bidder submits an application pursuant to $TB =>#1.ithin aperiod of seen days of proiding the notice under $TB =2#1, thePurchaser shall accept the bid selected in accordance .ith$TB =0#1prior to the eEpiry of bid alidity period, and notificationof a.ard shall be communicated to the bidder to furnish theperformance security and sign the contract .ithin fifteen days

=# Performance

Security

+1 ithin fifteen "1


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offer is substantially responsie and is determined by thePurchaser to be /ualified to perform the %ontract satisfactorily

==# Signing of

Contract

1 The successful Bidder shall sign the contract in the form included insection 7III after the submission of performance security in

accordance .ith $TB =

( 't the same time, the Purchaser shall affiE a public notice on theresult of the a.ard on its notice board and ma0e arrangement topost the notice into its .ebsite, if it has4 and if it does not hae,into the .ebsite of the Public Procurement Monitoring Office,the contract a.ard results identifying the bid and lot numbers andthe follo.ing information; "i# name of each Bidder .ho submitteda Bid4 "ii# bid prices as read out at Bid Opening4 "iii# name andealuated prices of each Bid4 "i# name of bidders .hose bids .erere>ected and the reasons for their re>ection4 and "# name of the

.inning Bidder, and the Price it offered, as .ell as the durationand summary scope of the %ontract a.arded

+ The Purchaser shall promptly respond in .riting to any unsuccessfulBidder .ho, .ithin thirty days from the date of issuance ofnotification of a.ard in accordance .ith $TB =2#2, re/uests in.riting the grounds on .hich its bid .as not selected

=># Complaint

and 8evie'


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.ithin fie "#1, then the applicant , .ithin seen "H# daysof receipt of such decision, may file an application .ith releantsupporting documents to the Public Procurement -eie.%ommittee of the Go!, stating the reason of its disagreement on

the decision of the Office %hief proided that its bid amount isaboe the amount specified in te BDS# Together .ith thereie. application, the applicant shall furnish a guarantee, in theform of cash or Ban0 guarantee e/uialent to 5ero point fiepercent ")ectedby the -eie. %ommittee, the security deposit submitted by theBidder pursuant to $TB =>#shall be forfeited

=?# Provision of

PP- and PP8

*1 $f any proisions of this document are inconsistent .ith PublicProcurement 'ct "PP'#, ()*+ or Public Procurement-egulations "PP-#, ()*, the proisions of this document shallbe oid to the eEtent of such inconstancy and the proisions ofPP' and PP- shall preail

+


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Section II# Bid Data Seet

+*


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Section II# Bid Data Seet

-# Introduction

I"B 1#1 !ame of the Purchaser /insert name of te procuring entity:

!ame and identification number of the contract; :$nsert name andidentification number=

The number, identification and names of the lots comprising thiscontract; :$nsert number, lists the lots and related Goods or anycombination of contract "pac0age#=

I"B 2#1 !ame of the Pro>ect; /insert name of te pro.ect:

!ame of the DP; /insert te name of DP if applica&le:

$mplementing 'gency; /insert name of implementing agency:

3unding ; :Select one option as appropriateGoN ,unded or DP ,undedor PE's own resource:

I"B 2#1 !ame of %ontractFs;

/,or a Pro.ect re9uiring similar &ut separate items of e9uipment

specified in te Scedule of 8e9uirements Bids may &e invited

under alternative contract options and te Bidder sould &e

allo'ed at its option to Bid for individual contracts or for a group

of similar contracts $pac)age%# "e &asis for Bid evaluation andcontract a'ard &y item or pac)age sall &e specified erein#:

I"B =# ' list of debarred firms is aailable at http;...ppmogonp and:$nsert other .ebsite, if any=

I"B =#A TaE clearance certificate or proof of submission of income return for:$nsert the applicable fiscal year=

The foreign Bidder shall declare to submit follo.ing documents at thetime of contract agreement /indicate re9uired documents:

-esident foreign bidder shall submit P'!F2'T certificate and taE

clearance certificate at the time of bid submissionI"B >#1 Bidders from the follo.ing countries are not eligible;

/Indicate FNot -pplica&leF for GoN funded procurement and

indicate te name of countries if any 'ic are not eligi&le as per

DPs procurement guidelines:

+


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B# Bidding Document

I"B A#1 3or clarification purposesonly, the Purchasers address is;

'ttention; /Insert Name and Designation of te Contact Persons:

!ame of the Purchaser; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL'ddress; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

%ountry; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Telephone; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

3acsimile !umber; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

&lectronic Mail 'ddress; LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

I"B A#1 The purchaser .ill respond in .riting to any re/uest for clarificationproided that such re/uest is receied no later than /insert days:daysprior to the deadline date for submission of bid

I"B A#2 ' Pre7Bid meeting [Insert shall notta)e place@ or @sall ta)e place atte follo'ing date time and place@=;

/If te meeting sall &e organi4ed insert; place date and time of

pre&id meeting:

Place;

Date;

"ime;

C# Preparation of BidsI"B 11#1 The language of the Bid is; &nglish

I"B 12#1 $% The Bidder shall submit the follo.ing additional documents .ith itsBid;

/Insert list of documents if any:

I"B 1=#1 'lternatie Bids $ $ [insert shall be% or shall not be%& permitted

[If alternaties shall be considered, insert:

1 bidder may submit an alternatie bid only ith a bid for the base

case$ The .urchaser shallonly consider the alternatie bids offered bythe idder hose bid for the base case as determined to be the loest8ealuated bid$%

or

81 bidder may submit an alternatie bid ith or ithout a bid for the basecase$ The .urchaser shall consider bids offered for alternaties as

+


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specified in the Technical !pecifications of !ection "I, !chedule of

#equirements 1ll bids receied, for the base case, as ell as alternatiebids meetin the specified requirements, shall be ealuated on their on

merits in accordance ith the same procedures, as specified in the IT

;$%&

I"B 1>#> The $ncoterms edition is; : insert Incoterms n ofIncoterms&

I"B 1>#? $&% i 3or Goods offered from outside the Purchasers country, the Biddershall /uote prices using the follo.ing $ncoterm; "%hoose one of them#

%$3 :$nsert name of port name of destination=,

or

%$P :$nsert name of border point=

or%$P :$nsert name of destination=

I"B 1>#? $&% ii

and $c% $v%

3inal Destination"Pro>ect Site#; :$nsert name of of location .here thegoods are to be actually used=

I"B 1>#? $&%

$iii%

$n addition to the %$P price specified in $TB 1* "b#"i#, the price of theGoods manufactured outside !epal shall be /uoted; [insert appropriateIncoterm, other than 4I.&

I"B 1>#@ The prices /uoted by the Bidder [insert shall or shall not%& bead>ustable $f prices shall be ad>ustable, the methodology is specified in

Section $$$ &aluation and 6ualification %riteria

I"B 1>#A Prices /uoted for each lot shall correspond at least to ?[insert fiure&Q of the items specified for each lot

Prices /uoted for each item of a lot shall correspond at least to ?[insertfiure& Q of the /uantities specified for this item of a lot

I"B 1A# Period of time the Goods are eEpected to be functioning "for the purposeof spare parts#; [insert duration &

I"B 1#2 Manufacturers authori5ation is; [insert required% or not required%&

hen Manufacturers authori5ation letter is re/uired;' Manufacturers 'uthori5ation letter is re/uired for all the items listedin Section 2 Schedule of -e/uirements

or

' Manufacturers 'uthori5ation letter is only re/uired for the follo.ingitems;

+


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"i# ??? :$nsert the name of Goods=

"ii# ??? :$nsert the name of Goods=

/Note; Delete as appropriate:

I"B 1# 'fter sales serice is; :insert @re/uired@ or @not re/uired@=

$f re/uired, the Bidder shall include .ith its bid, eidence that it .ill berepresented by an 'gent in the country

I"B 20#1 The bid alidity period shall be ?/Insert num&er: days

I"B 21#1 ' Bid Security is re/uired4

The amount and the currency of the Bid Security shall be ;

: $nsert a a fiEed amount in local currency or an e/uialent amount inS .hich is t.o percent "(Q# to three "+Q# of the approed estimateamount=

I"B 21#2 $f the Bidder .ishes to submit the Bid Security in the form of cash, thecash should be deposited in Deposit 'ccount !o; /insert -ccountdetails:at /insert name and address of Ban):and submit the receiptof the deposited amount of cash along .ith the bid

or

$f the Bidder .ishes to submit the Bid Security in the form ofunconditional ban0 guarantee, the bidder should submit the originalcopy of the guarantee along .ith the bid

D# Su&mission and pening of Bids

I"B 22#1 $n addition to the original of the Bid, the number of copies is; LLLLLLLL

?????[Insert "ot pplicable ')en additional copies are not re$uired

and Insert number of cop!ies i.e. one or 'o or )ree etc7 if

additional cop!ies isare re$uired]

I"B 2#1 Bidders ??[insert shall% or shall not%& hae the option ofsubmitting their bids electronically

I"B 2#1 $f bidders submit their bids electronically, the electronic biddingsubmission procedures shall be; /insert "ot pplicable or adescription of t)e electronic bidding submission procedure]

)


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I"B 2# $c% The inner and outer enelopes shall bear the follo.ing additionalidentification mar0s;

$3B title; :insert !ame of procurement=

$3B !umber; :insert $3B !umber=

I"B 2=#1 The address and deadline for bid submission is;

Place; LLLLL/insert complete address of te &id su&mission place:

Date; LLLLLLLLLLLLLLLL/insert date:

Time; LLLLLLLLLLLLLLLL/insert time:

I"B 2@#1 The bid opening shall ta0e place at; /insert complete address of teplace:

Place; LLLLLLLL/insert complete address of te place:

Date; LLLLLLL /insert same date as specified in 2=#1 a&ove:

Time; LLLLLLLL/insert time:

I"B 2@#1 $f electronic bid submission is permitted in accordance .ith $TB ((1,the specific bid opening procedures shall be;?? /insert !ot'pplicableor opening procedures:

*# *valuation and Comparison of Bids

I"B >#1 Domestic preference LLL[insert shall% or shall not%& be a bidealuation factor

/If domestic preference sall &e a &id evaluation factor te

metodology for calculating te margin of preference and criteria

for its application sall &e as specified in section III# *valuation

9ualification criteria:

I"B ?# $a% &aluation .ill be done for??[!elect Items or 2ots&

!ote; [!elect one of the to sample clauses belo as appropriate

ids ill be ealuated for each item and the 4ontract ill comprise

the item(s) aarded to the successful idder$

/r


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ids ill be ealuated lot by lot$ If a .rice !chedule shos items listed

but not priced, their prices shall be assumed to be included in the prices

of other items$ 1n item not listed in the .rice !chedule shall be

assumed to be not included in the bid, and proided that the bid issubstantially responsie, the aerae price of the item quoted by

substantially responsie bidders ill be added to the bid price and theequialent total cost of the bid so determined ill be used for pricecomparison$&

I"B ?#$d% The ad>ustments shall be determined using the follo.ing criteria, fromamongst those set out in Section $$$, &aluation and 6ualification%riteria; [refer to !chedule III, @aluation and Aualification 4riteriaBinsert complementary details if necessary=

(a) Deiation in Deliery schedule; [insert Ces or 0o$ If yesinsert the adjustment factor&

(b) Deiation in payment schedule; [insert Ces or 0o$ If yesinsert the adjustment factor&

(c) the cost of ma>or replacement components, mandatory spareparts, and serice; [insert Ces or 0o$ If yes, insert theDethodoloy and criteria&

(d) the aailability of spare parts in !epal and after7sales sericesfor the e/uipment offered in the bid [insert Ces or 0o, If yes,insert the Dethodoloy and criteria&

(e) the pro>ected operating and maintenance costs during thelife of the e/uipment [insert Ces or 0o, If yes, insert theDethodoloy and criteria&

(f) the performance and productiity of the e/uipmentoffered4 [Insert Ces or 0o$ If yes, insert the Dethodoloy andcriteria&

[insert any other specific criteria&

I"B ?#? Bidders [insert shall or shall not%& be allo.ed to /uote separateprices for one or more lots [refer to !ection III @aluation and

Aualification 4riteria, for the ealuation methodoloy, if appropriate&

,# -'ard of Contract

I"B =1#1 The maEimum percentage by .hich /uantities may be increased is;[insert percentae or not applicable&

(


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The maEimum percentage by .hich /uantities may be decreased is;[insert percentae or not applicable&

I"B =># !o application can be submitted before the -eie. %ommittee forreie. against the decision made by the Office %hief of the Procuring

&ntity "Purchaser# for the bid amount up to the e/uialent alue of!epalese -upees (),))),))) "t.enty million#


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Section III# *valuation and +ualification Criteria

The purpose of the &aluation and 6ualification %riteria "&6%# is to specify the criteria that thPurchaser .ill use to ealuate the Bids and post7/ualify the lo.est7ealuated Bidder The Purchasemust prepare the &6% and include it as a part of the Bidding Document The &6% is not a %ontracdocument and, therefore, it is not a part of the %ontract


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Section III# *valuation and +ualification Criteria

"a&le of Criteria

*valuation Criteria

Scope

Multiple %ontracts

Technical %riteria

&conomic %riteria

Domestic preference

+ualification Criteria

(


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*valuation Criteria

1# Scope

1#1 5ocal 6andling and Inland "ransportation

$f the Purchaser .ishes to consider during bid ealuation the costs for inland transportation,insurance, and other serices .ithin !epal incidental to deliery of the goods to their finaldestination, then

a# the Purchaser must define these serice items in Section 2, Schedule of Supply, Aist ofGoods and -elated Serices4 and

b# Bidders must be re/uired to /uote for these serice items as part of their bid price in theP-$%& S%N&DA& 3O- -&A'T&D S&-2$%&S TO B& O33&-&D 3-OM OTS$D&'!D $TN$! !&P'A proided in Section $2, Bidding 3orms

$n such case, the follo.ing proision should be used;

[Insert: 4osts for inland transportation, insurance, and other incidental costs for deliery of the

oods from the @EF premises, or port of entry, or border point to .roject !ite as defined in

!ection ", !chedule of !upply, shall be quoted in the .#I4@ !4G@6H2@ 7/# #@21T@6

!@#"I4@! T/ @ /77@#@6 7#/D /HT!I6@ 106 FITGI0 [email protected] proided in !ection I",

iddin 7orms$ These costs ill be taken into account durin bid ealuation$ If a idder fails to

include such costs in its id, then these costs ill be estimated by the .urchaser on the basis of

published tariffs by the rail or road transport aencies, insurance companies, or otherappropriate sources, and added to @EF or 4I7 or 4I. price$%

1#2 3inor missions or 3issing Items

The cost of minor omissions or missing items in the scope of supply, serices, etc should beadded to the Bid Price to allo. for Bid comparison on an e/ual basis The price ad>ustmentshould be based on a reasonable estimate of the cost by the eEecuting agency, engineer, consultantor bid ealuation committee, ta0ing into consideration the corresponding /uoted prices from otherconforming Bids The price ad>ustment should be based on the fair price of the omitted item Themost fre/uently used methods assign to the missing item a price;

"i# e/ual to the highest price /uoted for the same item by the other Bidders4 or

"ii# e/ual to the aerage price /uoted for the same item by the other Bidders4 or

"iii# estimated by the Purchaser

Of these three methods the Purchaser should preferably use "i# or "ii#, as Bidders fre/uentlychallenge "iii# because of its lac0 of transparency

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[Insert: .ursuant to !ub84lause =$ of the Instructions to idders, the cost of all quantifiable

nonmaterial nonconformities or omissions from the contractual and commercial conditions shall

be ealuated$ The .urchaser ill make its on assessment of the cost of any nonmaterial

nonconformities and omissions for the purpose of ensurin fair comparison of ids$%&

2# 3ultiple Contracts

The Purchaser shall a.ard multiple contracts to the Bidder that offers the lo.est ealuatedcombination of bids "one contract per bid# and meets the post7/ualification criteria "this Section$$$, Sub7Section $TB +( Post76ualification -e/uirements#

The Purchaser shall;

"a# ealuate only lots or contracts that include at least the percentages of items per lot and/uantity per item as specified in $TB Sub %lause 1ection of the Bid 'neEample of such non7substantie deficiency is the case of an auEiliary motor of .hich the po.er ratingfalls short of that specified, or a proposal to supply cross7ply tires for a ehicle instead of radial7ply asspecified The cost of ma0ing good any deficiency should li0e.ise be added to the Bid Price concernedThe most fre/uently used methods assign to the non7conforming items or components, prices based onsimilar methods described aboe under Scope, .ith the price of the nonconforming items or componentsdeducted

[Insert: The cost of all quantifiable deiations or deficiencies from the technical requirements as

specified in !ection ", !chedule of !upply shall be ealuated$ The .urchaser ill make its on assessment

of the cost of these deiations or deficiencies for the purpose of ensurin fair comparison of ids'&

=# *conomic Criteria


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!ection ", !chedule of !upply, shall be rejected$%&

=# perating and 3aintenance Costs

The Operating and Maintenance costs "OCM# need to be ta0en into account for bid ealuationpurposes .hen such costs oer the life cycle of the Goods represent an important cost in relationto the capital or inestment cost of the Goods Different technologies may inole large ariationsin the capital costs of the Goods and the costs associated .ith their OCM !ormally, moreelaborate technologies and materials used in the manufacturing of the Goods inole higherinestment costs and lo.er OCM costs OCM costs are ealuated at their present alue oer thelife cycle of the Goods and then added to the price of the Goods#

Typical OCM cost factors for calculation are;

"a# !umber of years for initial period of operation $t is recommended that the initial periodof operation does not eEceed the usual period before a ma>or oerhaul of the Goods isre/uired, usually bet.een fie and ten years The load or .or0ing cycle "hourly, daily,monthly, seasonal# of the Goods shall be as specified by the Purchaser#

"b# Operating costs such as fuel, electricity, spare parts, labour andFor other inputs re/uiredfor the operation of the Goods

"c# -ate, in percent, to be used to discount to present alue, all of the annual future costscalculated under "b# aboe for the period specified in "a#

/Insert procedures to &e used:

=#= Spare Parts

Only those spare parts and tools .hich are specified on an item7.ise basis in the Aist of Goodsand -elated Serices in Section 2, Schedule of Supply, shall be ta0en into account in the bidealuation Supplier7recommended spare parts for a specified operating re/uirement shall not beconsidered in bid ealuation

[Insert: The list of items and quantities of ( specify spare parts, tools, major assemblies, and

selected components), likely to be required durin the initial period ( specify period) of

operation is indicated in !ection ", !chedule of !upply$ The total cost of these items at the unitprices quoted in each id shall be added to the id .rice$%&

=#> Performance and Productivity of te Goods

The ad>ustment factor for the performance or productiity of the Goods shall be calculated basedon the difference bet.een the reference alue or norm "ie the efficiency# as specified in Section

2, Schedule of Supply, and the corresponding alue guaranteed by the Bidder in its Bid %hooseand insert one of the follo.ing;

*


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"i# Performance and productiity of the e/uipment 'n ad>ustmentrepresenting the capitali5ed cost of additional operating costs oer the life of theplant .ill be added to the bid price, for ealuation purposes if specified in theBDS Sub7%lause +*+"d# The ad>ustment .ill be ealuated based on the drop inthe guaranteed performance or efficiency offered in the bid belo. the norm of

1)), using the methodology specified in BDS Sub7%lause +*+"d#

or

"ii# 'n ad>ustment to ta0e into account the productiity of the goods offered inthe bid .ill be added to the bid price, for ealuation purposes only, if specified inBDS Sub7%lause +*+"d# The ad>ustment .ill be ealuated based on the cost perunit of the actual productiity of goods offered in the bid .ith respect tominimum re/uired alues, using the methodology specified in BDS Sub7%lause+*+"d#

=#? Specific additional Criteria

Other specific additional criteria to be considered in the ealuation, and the ealuation methodshall be detailed in BDS sub douse +*+"d#

># Domestic Preference

$f the BDS so specifies, the purchaser .ill grant a margin of preference to goods manufactured in!epal, The nationality of the manufacturer or supplier is not a condition for such eligibility Themethods and stages set forth hereunder shall be follo.ed in the ealuation and comparison ofbids $nsert one of the follo.ing ad>ustment methods

H Method '

1 3or comparison, responsie bids shall be classified in one of the follo.ing three groups;

"a# Group '; bids eEclusiely offering goods manufactured in for .hich "i# labor, ra.

material, and component from .ithin !epal account for +) percent or more of the &price of the product offered, and "ii# the production fa

Procurement of Goodsicbjanuary 2012

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