PART 2

INSTRUCTIONS TO TENDERERS

PART 2 - INSTRUCTIONS TO TENDERERS

CONTENTS
INSTRUCTIONS
Paragraph
1
2
3

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Definitions
Tender Documents
Qualifications of Tenderers
3.1 General Requirements
3.2 Bahraini Nationals
3.3 Prohibited Categories
3.4 Bahraini Tenderers
3.5 Overseas Tenderers
3.6 Tenderer's Representative and His Address
3.7 Additional Requirements
National Industry Protection and Support
4.1 Unified Rules for Giving Priority to National Products and Products of National
Origin.
4.2 List of Bahraini Materials and Products.
4.3 Appendix to Form of Tender
4.4 Approval of Engineer.
Pre-Tender Conference
Interpretation of Tender Documents and Site Visits
Revision of Tender Documents
Tender Bond
Tenderer's Responsibility
Deviation from Tender Documents
Submission of Tenders
Tender Pricing
Subcontractor's Qualifications
Evaluation of Tenders
Provisional Intention to Award Contract
Performance Bond
Advance Payment Guarantee
All Documents Confidential
Insurance
Approved Local Banks and Insurance Companies
Canvassing
Costs of Tender
Discrepancies in Tender Documents.
Further Instructions (if any)
APPENDIX

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INSTRUCTIONS TO TENDERERS (Cont'd)

The tenderer shall read carefully the instructions set out in the foregoing as well
as in the following paragraphs
1. Tender Information
(a) It is the tenderer's responsibility to obtain all the information he requires to
arrive at his tender price and no claim for alteration of the tender price will
be entertained on the grounds of failure to obtain accurate information or any
alleged misrepresentation, misinformation or any verbal or written instruction
or promise given by a Government servant.
(b) Should there be any doubt or obscurity as to the meaning of any of the
Tender Documents or as to anything to be done or not to be done by the
Contractor or as to these instructions or as to any other matter or thing
pertaining to the Contract, the tenderer must submit such doubt or obscurity
in writing to the Ministry of Housing not later than one week before the date
for delivery of the tender.
(c) Any clarification, interpretation or change of the Tender Documents prior to
the specified date for the delivery of the tender will be made only by
addendum (a) issued by the Ministry of Housing to each tenderer and such
addendum shall be deemed to be part of the Tender Documents. No
clarification, explanation or interpretation of the Tender Documents shall be
valid, unless in the form of an addendum issued by the Ministry of Housing
2. Date of Possession and Date of Completion.
(a) The Engineer shall issue a letter of instruction to commence the whole or
any part of the Works. Such letter shall specify details for possession which
may be limited to part only of the site as required. The Contractor shall
commence work within 14 days of such instruction to commence and the
date for completion shall be calculated from the last day of the 14 day period
from the instruction.
(b) The Contractor shall not be entitled to claim any loss or expense where
possession possession of the whole or any part of the site is delayed for any
reason.
3. No alterations
No alterations whatsoever shall be made to any of the Tender Documents. If
any such alterations are made to any of the Tender Documents or they are
incompletely or improperly filled in, the tender may be invalidated.

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INSTRUCTIONS TO TENDERERS (Cont'd)

4. Pricing
(a) Insertion of "Nil" or "Included" against an item will not be accepted. Every
item should be properly priced and the Ministry of Housing reserves the
right to adjust any tender rate considered unreasonable or unrealistic to
reasonable current market rate (but still retaining the tendered Contract
Price) prior to acceptance of a tender.
(b) The Total Tender Price quoted and written in the Tender Submission Form
must be the same amount as the one written in the Form of Tender and in
the Final Summary of the Tender Book or Bills of Quantities.
(c) In case of discrepancies, the Total Tender Price quoted in the Tender
Submission Form or the one written in the Form of Tender is considered the
offer.
(d) The Ministry will notify the Tenderer about the discrepancies or arithmetical
errors from which it is imperative for the Tenderer to make adjustments in
order to arrive at the correct figures (but retaining the tendered Total Price
as pointed out in Clause 4c), and this may be done either in the form of
discounts for lumpsum contracts or adjustments in unit rates for contracts
involving remeasurable quantities or whatever is applicable.
5. Assignment and Sub-letting
The Tenderer's attention is drawn to the clause in the Conditions of Contract
which prohibits assignment and/or sub-letting of the whole or any part of the
Works without the prior consent in writing of the Ministry of Housing. This
requirement will be strictly applied- and disregard of it by the Contractor will
be treated as grounds for determination of the Contract. The tenderer shall
submit in his tender in the appropriate appendix of the Tender Book a list of
all the portions of the Works he proposes to sub-let, with particulars (as far as
possible) of the sub-contractors he proposes to employ, but the acceptance of
his tender shall not be regarded as implying in any way approval of his
proposals for sub-letting.
6. Formal Contract
The Contractor whose tender is accepted will be required to execute a formal
contract agreement with the Employer. If the Contractor fails to sign this
agreement within fourteen days of notification that the agreement is ready for
signature then the Ministry of Housing shall have the right to withdraw the
award (if any) without prejudice to any rights or remedies the Ministry may
have in respect of such failure, and the Contractor shall have no claim
whatsoever against the Ministry arising from the tender, letter of intent, letter
of award or other matters relating to the Works.

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INSTRUCTIONS TO TENDERERS (Cont'd)

7. Form of Tender
(a) The tender shall be submitted on the form of tender provided with the
Tender Documents. The tender amount shall be inserted in words and in
figures in the spaces provided and all other blank spaces in the form of
tender shall be completed with the required information.
(b) The form of tender must be signed by the principal of the firm or by a
person properly authorized for the purpose. The registered name and
address of the tenderer must be printed in BLOCK LETTERS or typed in
the space provided. The tenderer's official company seal shall be affixed to
the form of tender where the tenderer is a company within the meaning of
the Bahrain Commercial Companies Act 1975 as amended. No tender that
is incomplete or improperly completed will be considered.
8. Submission of Tender
(a) A tender submitted after the date and time stated will not be considered
for acceptance.
(b) The tender shall be delivered by hand against an official receipt.

9. No Obligation on Ministry of Housing

The Ministry of Housing shall:
a. not reimburse a tenderer for any costs incurred in the preparation of
his tender, and
b. not be obliged to accept the lowest or any tender and shall not state
any reason for the rejection of any tender.

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INSTRUCTIONS TO TENDERERS (Cont'd)

Definitions
"The Ministry" is the Ministry of Housing of the Kingdom of Bahrain acting through
the Directorate mentioned in the Appendix hereto.
"The Engineer" is the person referred to in the Appendix hereto or any replacement
therefor appointed by the Ministry.
"Tender closing date" is the date referred to in the Appendix hereto.
"The Project" is the project more particularly mentioned or referred to in the Appendix
hereto.

Tender Documents
A complete set of Tender Documents consists of one copy of each of the documents
listed in Part 1 of this Tender Book.

Qualifications of Tenderers
3.1

General Requirements
In general, the Ministry, when transacting for the purchase of its requirements,
goods and services or for the execution of its projects, shall deal only with
individuals and establishments who are licensed and competent to do the required
job. In addition the Tenderer shall either be:
a)
a Bahraini individual, corporation or government body; or
b)
a Bahraini individual or corporation with a non-Bahraini partner or a
Bahraini individual or corporation acting as a representative for a foreign
company; or
c)
a non-Bahraini individual or corporation who is sponsored by a Bahraini
individual or corporation and who has the right to conduct business in
Bahrain according to the provisions of the Commercial Agencies Act. (The
conditions and provisions of the Commercial Companies Act and the
Commercial Agencies Act shall be complied with).

3.2

Bahraini Nationals
3.2.1 Tenderers intending to submit a tender for a Ministry contract must
undertake to employ Bahraini staff at the percentage(s) set out from time to
time for the Private Sector by the Ministry of Labour.
3.2.2 It is the responsibility of Tenderers to ascertain from the Ministry of Labour
the percentage(s) of Bahraini staff required to be employed by them and to
obtain from The Ministry of Labour a statement confirming compliance
with the required percentage(s).

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INSTRUCTIONS TO TENDERERS (Cont'd)

3.2.3 Tenderers must attach to their tender the statement referred to in paragraph
3.2.2 The Tenders Board will reject tenders that are not supported by the
above-mentioned statement
3.2.4 The statement referred to in paragraph 3.2.2 must be valid at the time it is
attached to the tender and at the time a contract is signed with the Ministry.
A valid statement must be attached to any application by Tenderers to
renew or extend a contract.
3.2.5 If a successful Tenderer should breach the undertaking to employ Bahraini
staff at the percentage(s) referred to herein during the period of the contract
or any renewal or extension thereto, the Ministry shall have the right to
terminate the contract without prejudice to any other rights or remedies that
the Ministry may have.
3.3

Prohibited Categories
The following categories are not allowed to supply goods or to render services to
or to contract work with or to submit tenders for Projects:
a)

a government employee, except when asked to carry out non-commercial

activities such as the purchase of books written by that employee or art,
photography and musical work composed by that employee, or the payment
for that employee's rights of royalties for literary and artistic work;

b)

an individual or a corporation convicted of criminal offences before or

during the time when tenders are being invited;

c)

an individual or corporation barred from transacting business unless

reinstated;

d)

a bankrupt until his debts have been discharged according to a court

decision;

e)

a contractor who has had contracts revoked by a supervising government

agency which decided that the reasons for revocation disqualify the
contractor from any future contracting with the Government of the
Kingdom of Bahrain or if there is a similar judgement from a judicial body;

f)

whoever is proved to have committed fraud or engaged in dis-honest

activities when dealing with a Government body or any other legal entity
and the concerned supervising Government authority has barred
transactions with him/it or if a similar decision has been passed by a
competent judicial authority;

g)

any person barred for the time being by His Excellency the Minister of
Housing from participating in tenders.

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INSTRUCTIONS TO TENDERERS (Cont'd)

3.4

Bahraini Tenderers
Every Bahraini Tenderer whether an individual or corporation shall submit proof
of the following requirements with his tender. Items a) and b) below shall apply
also to the Bahraini sponsors of non-Bahraini individuals or establishments:

3.5

a)

a copy of the commercial registration certified by the Ministry of

Commerce and Industry in addition to a copy of the receipt for payment of
commercial registration fees for the year in which the tender is submitted;

b)

an official proof that the tendering entity is owned by or is sponsored by or

has a Bahraini partner among its partners or has an agent, whether an
individual or company, in the Kingdom of Bahrain;

c)

adequate design and technical knowledge and pertinent practical and

operational experience. The Tenderer shall state projects of similar size
which have already been executed by him.

Overseas Tenderers
All overseas Tenderers shall submit the following certificates and statements
when invited to deal with the Ministry:

3.6

a)

a statement from a bank which is acceptable and recognised by the Bahrain

Monetary Agency stating the financial capability of the Tenderer;

b)

a statement of major works completed by the company overseas or in

Bahrain and which are of similar nature to the work to be carried out. The
statement shall be certified by an official authority in the country where the
works have been executed or in the Tenderer's country of origin;

c)

completion certificates issued in the name of the Tenderer for work

executed by the Tenderer whether in Bahrain or abroad;

d)

copies of the Tenderer's published accounts for the last 2 years showing the
balance sheets and profit and loss statements audited by a recognised
certified auditor.

Tenderer's Representative and His Address

If the Tenderer is a Bahraini resident he shall provide his address in Bahrain. If
the Tenderer is a foreigner to Bahrain he shall appoint a Bahraini agent in Bahrain
and shall submit in respect of his Bahraini agent the items mentioned in
paragraph 3.4 above with his tender. All notices and correspondence sent to the
address in Bahrain of the Bahraini agent shall be deemed to be validly served on
the Tenderer.

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INSTRUCTIONS TO TENDERERS (Cont'd)

3.7

Additional requirements
Additional requirements (if any) as to the qualifications of Tenderers are set out
in the Appendix hereto.

National Industry Protection and Support

4.1

Unified Rules for Giving Priority to National Products and Products of

National Origin
The tender shall be subject to the Unified Rules for Giving Priority to National
Products and Products of a National Origin. (Article 8, Prime Ministerial Edict
No. 21 of 1987)

4.2

List of Bahraini Materials and Products

In order to assist the Tenderer in selecting materials and products for the Project
the latest list produced by the Ministry of Commerce and Industry of the
Government of the Kingdom of Bahrain showing available Bahraini materials and
products is included in the Specification. No warranty is given as to the accuracy
of the information contained in such list or as to the suitability or availability of
the materials and products mentioned in such list. Neither the said Ministry of
Commerce and Industry nor the Ministry shall incur any liability as a result of
any arrangement between the Tenderer and any company or person mentioned in
such list. The Tenderer should note that the successful Tenderer shall not be
obliged to import into Bahrain a material or product if the local equivalent of such
material or product is available in Bahrain but is not mentioned in such list.

4.3

Approval of Engineer
The Tenderer should note that the acceptance of a tender shall not release the
successful Tenderer from any obligation arising under the Contract to obtain the
approval of the Engineer for materials or products for the Project.

Pre-Tender Conference
5.1

When the Ministry considers it necessary arrangements for a pre-tender

conference may be made. Tenderers shall notify in writing, at least seven (7)
days before the date fixed for the conference, the points (if any) which they
require clarified.

5.2

The words 'pre-tender conference' shall include any meeting formally convened
by the Ministry for the purpose of discussing, collectively, with all participating
Tenderers any matters which require clarification in relation to the project
covered under the Tender.

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INSTRUCTIONS TO TENDERERS (Cont'd)

5.3

All pre-tender conferences are arranged only upon the express condition that
firms, or companies, their agents, employees, advisers, consultants or any other
persons participating in any pre-tender conference for and on behalf of the
Tenderer will release and indemnify the Ministry and their servants and agents
from and against all liability in respect of and will be responsible for personal
injury (whether fatal or otherwise) loss or damage to property and any other loss,
damage, cost and expenses howsoever caused (whether by the act or neglect of
the Ministry or their servants or agents or not), which but for the exercise of such
permission would not have arisen.

5.4

The Tenderer shall first pay the prescribed non-refundable tender deposit, register
himself and carefully study the Tender Documents before participating in a pretender conference.

5.5

Information collected by the Tenderer at a pre-tender conference shall be treated

as supplementary or complementary to the Tender or the future contract and
execution of work thereunder by the selected Tenderer and shall not supersede the
information given in the Tenderer Documents.

5.6

Clarifications made or answers to queries given verbally or with supporting

documents by anyone who is conducting the pre-tender conference or anyone
participating in it shall not modify, change, supersede or amend the information
given in the Tender Documents unless and until an addendum is issued by the
Engineer under the paragraph 6 & 7 of the Instructions.

Interpretation of Tender Documents and Site Visits.

6.1

The Tenderer shall be deemed to have read these instructions and no claim will be
entertained on the ground of failure to have read or comply with these
Instructions or for any alleged misunderstanding of their import.

6.2

It is the Tenderer's responsibility to examine the whole of the Tender Documents

and to satisfy himself that their full import, severally and jointly, is completely
understood and that a full set of Tender Documents as set-out inthe Appendix has
been received. No claim will be entertained on the grounds that the Tenderer
failed to see or receive any of the Tender Documents in whole or in part.

6.3

The tenders information provided by the Ministry is strictly limited to the

information contained in the Tender Documents together with any written
clarification, rectification and consequent addenda to the Tender Documents
issued to the Tenderer by the Engineer prior to the tender closing date.

6.4

Unless the Tender Documents otherwise provide, the Tenderer is to visit and
inspect the site entirely at his own risk and expense and obtain all requisite
information regarding the nature of the site, local conditions, means of access,
location of existing services and any other matters affecting the tender.

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INSTRUCTIONS TO TENDERERS (Cont'd)

6.5

All site visits by the Tenderer are permitted only upon the express conditions that
requesting or participating Tenderers, their associated, principal, sub-contracting
or supplying firms, or companies, their agents, employees, advisers, consultants
or any other person participating in site visits for and on behalf of the Tenderer
will release and indemnify the Ministry and their servants and agents from and
against all liability in respect of and will be responsible for personal injury
(whether by the act or neglect of the Ministry or their servants or agents or not),
which but for the exercise of such permission would not have arisen.

6.6

No additional individual or special site visits can be arranged for any Tenderer
who fails to be present at the prescribed time, at the place and date or any
Tenderer who fails to collect all information required by him during the arranged
site visit.

6.7

Entry, presence, exit and security at the Ministry's sites are controlled by the
Public Security Directorate of Ministry of the Interior. The Tenderer's
representatives who are participating in a site visit shall meet the officer
conducting the visit at the prescribed location, be always with him during the full
course of the site visit and move out of the site as soon as the visit is over.
Anyone who wanders within or around the Ministry's sites in contravention of the
above may be treated as a trespasser and be dealt with accordingly subject to the
law applicable to the same.

6.8

The Tenderer shall inform the Engineer, together with his request, or when a site
visit is already arranged and mentioned in the Tender Documents, or when he
receives the notice for a site visit, the full details of his team/representative/s
proposing to take part in such visits seven (7) days before the date appointed and
secure necessary security passes/and clearances.

6.9

In case any doubt exists to the interpretation of the Tender Documents or any part
thereof the Tenderer may send a written request to the Engineer for any
interpretation.

Revision of Tender Documents

Any revision, addition, deletion, modification, explanation, interpretation or
clarification of or to any part of the Tender Documents shall be made only by formal
addenda duly issued by the Engineer at least three days prior to the tender closing date,
to all recipients of the Tender Documents.
The Engineer will not be responsible for nor bound by any revision, addition, deletion,
modification, explanation, interpretation or clarification except those contained in
formal addenda. Such addenda shall become part of the Tender Documents.

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INSTRUCTIONS TO TENDERERS (Cont'd)

8

Tender Bond
8.1 Every tender shall be accompanied by a Tender Bond with a value as specified in
the Appendix hereto.
8.2

The Tender Bond shall be in one of the following forms:

a)

certified cheque from an approved local bank in favour of the Ministry of

Housing; or

b)

a bank guarantee from an approved local bank in the form set out in these
Tender Documents; or

c)

a bank guarantee from an overseas bank through a local bank in the form
set out in these Tender Documents; or

d)

an insurance company guarantee from an approved local insurance

company in the form set out in Tender Documents.

Cash guarantees or uncertified cheques are not acceptable.

83

The Tender Bond shall be valid for the same period as the tender validity period
and the validity shall be extended by the Tenderer in line with any extension of
the tender validity period.

8.4

Any tender submitted without the Tender Bond is liable to rejection.

8.5

The following Tenderers are exempt from submitting an Tender Bond:

a)

government ministries, administrations and establishments; and

b)

consultancy services, institutions and specialised establishments when

tendering for consultancy services.

8.6

If the Tenderer withdraws his tender after the Tender closing date the Ministry
may forfeit the Tenderer's Tender Bond without giving any notice or taking any
legal action.

8.7

The Tender Bond will be returned to the Tenderer in the following cases:
a) if the Tenderer withdraws his tender by placing a withdrawal notice in the
tender box before the Tender closing date;
b) to the unsuccessful Tenderers after the contract has been awarded, without
any application being necessary from the Tenderer;
c) to the successful Tenderer after submitting the Performance Bond.

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INSTRUCTIONS TO TENDERERS (Cont'd)

It shall be the Tenderer's responsibility, on receiving notification from the
Ministry, to attend the Ministry and collect the Tender Bond and acknowledge
receipt of it in writing.
9

Tenderer's Responsibility
It is the Tenderer's responsibility to inform himself fully of all aspects of the Project
and he shall not be entitled to claim at any time after the submission of his tender that
the Ministry or the Engineer should reimburse him for expenses incurred as a result of
any misunderstanding with regard to his obligations. No verbal agreement or
conversation with any officer, agent or employee of the Ministry or of the Engineer or
any other organisation retained by the Ministry either before or after the execution of
the Contract shall affect or modify any of the terms or obligations therein contained.

10

Deviation from Tender Documents

Save as hereinafter mentioned the Tenderer shall not deviate from the Conditions of
Contract in any respect or from the Specification in any material respect. Should the
Tenderer consider it necessary or desirable to deviate from the Specification in any
material respect, then, provided he initially submits a tender which complies in all
respects with the Specification, he may in addition submit, as a separate tender an
alternative tender indicating clearly the extent of the deviation and his reason for the
deviation. The Engineer's decision as to what constitutes a material respect shall be
final and binding on all parties. The Tenderer shall designate his tender which complies
with the Conditions of Contract in every respect and with the Specification in every
material respect as "Basic Tender". The Tenderer shall designate his tender (if any)
which complies with the Conditions of Contract in every respect but which deviates
from the Specification in one or more material respect as "Alternative Tender".

11

Submission of Tenders
11.1 Tenders shall be submitted by the Tender closing date to the address(es) and in
the manner prescribed in the Appendix hereto. Under no circumstances shall a
Tender, or any copy of it or a copy of any part of it be personally handed over,
mailed or transmitted to anyone in the Ministry. The Ministry will not be
responsible for and will not enter into any communication on any Tender lost,
misplaced or rejected due to misdelivery of the same by the Tenderer.
11.2 Tenders shall be made in (a) sealed envelope(s) which show(s) the name and
number of the tender but which do(es) not mention the name of the Tenderer or
include any reference or mark of the Tenderer.
11.3 Unsealed, torn, damaged or spoilt envelopes or envelopes which identify the
Tenderer in any way shall not be accepted.
11.4 Separate envelopes shall be supplied by the Tenderer as mentioned in the
Appendix hereto.

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INSTRUCTIONS TO TENDERERS (Cont'd)

11.5 If the Tenderer wishes to add any special conditions or amendments or to reduce
his prices he must do so in a separate note deposited in the tender box before the
Tender closing date. Such note shall be signed by the Tenderer.
11.6 All Tender Documents belong to the original named Tenderer and are not
transferable to third parties.
11.7 After the closing date of the Tender all documents submitted in response to the
Invitation to Tender, or any clarification submitted subsequently at the request of
the Ministry, within the dates and times specified, shall become the property of
the Ministry from the time of the submission and under no circumstances shall
any part of the Tender be released to the Tenderer or to any other party even after
the selection of the successful Tenderer
11.8 Submissions made by the Tenderer, based on the Tender Documents issued, shall
be construed as the Tenderer's unconditional undertaking to comply with all terms
and conditions of the Tender and if selected, to comply with all terms and
conditions set-out in the Tender Documents and to sign a formal contract before
the commencement of the works.
11.9 The Tenderer is not allowed to submit a tender for a part of the Project unless
otherwise stated in the Appendix hereto.
11.10 Subject to the provisions of paragraph 10 above any tender for the supply of
materials shall be in agreement with the accepted sample of materials to be
supplied or in accord with the authorised specifications or drawings with which
the Tenderer is required to be acquainted.
11.11 Subject to the provisions of paragraph 10 above the submission of a tender shall
be treated as an implied acknowledgement of the Tenderer's awareness of the
tender specification and drawings.
11.12 The Tenderer shall be bound by his Tender from the time of submission upto the
expiry date for the tender validity period specified in the Appendix hereto. The
tender will remain valid for the period stated in the Appendix hereto.
11.13 The form of tender shall be signed by the Tenderer and all Tender Documents
shall be officially stamped by the Tenderer. If the Tenderer is a company or
corporation the tender shall be signed by an officially authorised person.
11.14 Any tender submitted after the Tender closing date shall not be evaluated.
11.15 Samples submitted by Tenderers shall be submitted separately from the tender,
shall be stamped by the Tenderer and shall be signed or distinctly marked by the
Tenderer. The Ministry shall keep all submitted samples until examined and
accepted for supply or rejected and returned to the Tenderer. At least two units of
the relevant sample shall be submitted if the sample is to be used for analysis or
experimental purposes.

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INSTRUCTIONS TO TENDERERS (Cont'd)

12

Tender Pricing
12.1 All Tenders shall be priced in the Bahrain currency, namely Bahraini Dinars,
unless a provision to the contrary is stated in the Appendix hereto. The prices
shall be stated both in figures and in words on the Form of Tender.
12.2 All items in the Tender Documents which require to be completed or priced by
the Tenderer shall be completed or priced or monied out in BLACK INK.
12.3 The crossing out or striking off of prices shall be avoided as far as possible. Any
alteration or correction shall be clearly written after deleting the incorrect part.
The Tenderer shall initial the correction or alteration.
12.4 If the Tenderer refrains from stating the price of an item or category in a list then
it shall be treated at the discretion of the Ministry either as a refusal by the
Tenderer to quote an offer in respect of that item or category or as an
acknowledgement by the Tenderer that the price of such item or category is
included in the overall quoted price.
12.5 The Tenderer shall not be allowed to increase or decrease his quoted price after
submission.
12.6 If there are any discrepancies in the price list submitted by the Tenderer either in
items or totals the Ministry may make the necessary corrections in the tender.
12.7 If the stated price in figures is different from the price stated in words then the
price stated in words shall be considered as the offer.
12.8 If the unit price differs from the total price the unit price may be considered as the
offer.
12.9 Subject to any provision to the contrary stated in the Tender Documents, the
prices quoted in the tender shall be considered inclusive and shall be deemed to
cover all expenses and commitments to be borne by the Tenderer in the
performance of the contract such as freight, insurance, customs duty, clearance,
off-loading and handling for the delivery of materials to the location specified in
the Tender Documents.
12.10 The quoted prices are final and binding and shall not be revised or altered because
of fluctuations in prices or duties or any other reason. The exception to this
provision is the variation in prices due to changes in the base metal costs which
may be considered if the products are manufactured after the Tender closing date
and if there is provision made in the Appendix hereto for such a variation to be
taken into account.
12.11 Tenders which are expressed to be subject to foreign exchange fluctuation shall
not be considered unless otherwise stated in the Appendix hereto.

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INSTRUCTIONS TO TENDERERS (Cont'd)

12.12 Tenders submitted on the basis of a percentage reduction of the lowest tender
shall not be considered and all tenders shall state a given fixed price in
accordance with the Tender Documents.
13

Sub-Contractor's Qualification
Details of the extent to which (if at all) different parts of the Project may be subcontracted are set out in the Appendix hereto. In the event of sub-contracting being
permitted, the following details shall be included in the tender:

14

a)

evidence in writing of firm commitments from sub-contractors to whom it is

intended to sub-contract the supply of any major items of plant or the execution
of any major portion of the Project;

b)

evidence that all obligations imposed by the Tender Documents on the Tenderer
have been fully understood and accepted where applicable by the sub-contractors
referred to in (a) above;

c)

in the case of any sub-contractor to whom it is intended to sub-contract the

execution of any major portion of the Project, information on the nature of his
organisation and evidence of his competence to undertake the work involved
together with details of the specialised staff to be used.

Evaluation of Tenders
The evaluation of tenders shall be based on the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)

the conformity of the tender to the requirements of the Tender Documents; and
the Tenderer's qualifications, experience, organisation and facilities; and
the total quoted price; and
the adjustment of arithmetical errors; and
the time of completion; and
the proportion of Bahraini materials/products to be supplied; and
the number of Bahraini nationals to be employed; and
the reliability of the Tenderer; and
any other related feature.

The Tender shall be awarded to the bidder who offers the best terms and lowest price
after standardizing the bases and criteria of comparison between the tenders. (Article
35 of Tender Law).
15

Provisional Intention to Award Contract

The Ministry shall notify the successful Tenderer in writing of the Ministry's
provisional intention to award the contract. Such notification shall not result in any
legal liability by the Ministry to the successful Tenderer. The legal liability of the
parties shall only start on the earlier of:

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INSTRUCTIONS TO TENDERERS (Cont'd)

i)

the signing of the contract; or

ii)

the issue by the Ministry to the successful Tenderer of a facsimile/letter of award

of contract.

In the case of (ii) above, a contract must still be signed before payments can be made to
the successful Tenderer.
16

Performance Bond
16.1 The successful Tenderer shall submit a Performance Bond from an approved
local bank or approved local insurance company within 10 days from the date of
notification of provisional intention to award the contract. The Ministry may
extend this period for an appropriate time if the Tenderer is not resident in
Bahrain.
16.2 The form of the Performance Bond shall be as set out in the Appendix to the
Form of Tender.
16.3 If the Tenderer shall fail to submit the Performance Bond within the period
specified in paragraph 16.1 above the Ministry may allow a further 10 days for
the submission of the Performance Bond. If the Tenderer fails to make the
required submission within the extended period he shall be treated as failing to
perform his duties and necessary action may be taken against him according to
these Instructions to Tenderers including the forfeiture of the Tender Bond
without any notification or legal action taken against him. His Excellency the
Minister of Housing shall be entitled to bar the Tenderer from participating in any
future tenders for a period of not less than one year.
16.4 Exemptions from the submission of Performance Bond are the same as those for
the Tender Bond (paragraph 8.5 above).
16.5 If the successful Tenderer shall submit the Performance Bond within the period
specified in paragraph 16.1 above but shall fail to sign the contract within a
reasonable time of being called upon so to do without an acceptable or valid
reason or shall express his unwillingness to sign the contract he shall be deemed
to be withdrawing from the tender/to be in breach of contract as appropriate. In
such an event the provisions of paragraph 16.3 above shall be applied against the
Tenderer and his Tender Bond/Performance Bond shall then be liable to
consequent forfeiture. The Ministry may then award the tender to the next best
Tenderer and may claim and deduct any additional costs involved against monies
owed to the withdrawing Tenderer/contractor (as the case may be) by the
Ministry or by any other Government bodies to the defaulting Tenderer or by
legal action.

17

Advance Payment Guarantee NOT APPLICABLE

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INSTRUCTIONS TO TENDERERS (Cont'd)

18

All Documents Confidential

The Tenderer (whether his tender is accepted or not) and all other recipients of the
Tender Documents (whether they submit a tender or not) shall treat the details of the
Tender Documents as private and confidential. In particular no information concerning
this or any other tender shall be issued to television, radio or press or other media
services without the prior written approval of the Architect/Supervising Officer. The
Tenderer shall impose a similar condition on any supplier or sub-contractor.

19

Insurance
19.1 The Tenderer shall be deemed to understand the indemnity and insurance
requirements under the Contract to be signed by the successful Tenderer. It shall
be the responsibility of the Tenderer to ensure that insurances to be taken out by
him under the Contract shall be sufficient to cover all insurable risks and liability
exposures associated with the works to be performed.
19.2 The successful Tenderer shall submit Certificate(s) of Insurance or Cover Notes
or Policies taken out as per the Contract within 10 days from the date of
notification of provisional intention to award the Contract. The Ministry may
extend this period upto any appropriate date if the Tenderer is not resident in
Bahrain or if a request, supported by justification, is made to the Ministry. The
wording of all documents pertaining to insurances shall be subject to the approval
of the Ministry.
19.3 All insurances required under the contract shall be arranged before the Tenderer
is handed over the possession of the work site or before any work relating to the
project is commenced.
19.4 If the Tenderer shall fail to submit the required insurances within the specified
period he shall be treated as failing to perform his contractual obligations and
necessary legal or other action may be taken against him according to the Tender
Documents, including the impounding of the Tender Bond without any
notification.
19.5 In addition to the insurance to be taken, and if applicable, the Tenderer shall
prepare a full programme of risk management to be implemented during the
contract term. The programme shall cover all aspects of safety, security,
occupational health and insurance while the Contract work is executed.

20

Approved Local Banks and Insurance Companies

Approved local banks and insurance companies for the issuance of Tender bonds,
performance bonds and advanced payment guarantees are financial institutes, banks,
insurance companies registered by Ministry of Commerce and Industry or approved by
Central Bank of Bahrain.

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INSTRUCTIONS TO TENDERERS (Cont'd)

21

Canvassing
Any form of canvassing is prohibited. If a Tenderer or any person acting on his behalf
shall make any representation intended to influence the consideration of the tenders,
either directly or indirectly to a Government official or to any person officially
concerned in the consideration of the tenders, then his tender shall be disqualified. In
the event of a second occurrence he shall be suspended from the list of approved
Government contractors for one year. In the event of a third occurrence he shall be
permanently suspended from the list of approved Government Contractors.

22

Costs of Tender
All costs incurred by the Tenderer in the preparation of his tender and any work in
connection herewith shall be solely at the expense of the Tenderer.

23.

Discrepancies in Tender Documents

If there is any discrepancy or conflict between this document and the Specification,
then this document shall prevail. The Tenderer shall bring any discrepancy in the
Tender Documents to the notice of the Engineer before submitting his tender. No
adjustment to the tender price sum will be allowed for any discrepancy discovered after
the tender closing date.

25.

Further Instructions
The Tenderer shall submit with his tender a DECLARATION OF
COMPLIANCE as shown in Appendix M to the Form of Tender. The
Tenderer shall submit with his tender a CERTIFICATE OF INDEPENDENT
PRICE DETERMINATION as shown in Appendix N to the Form of Tender.
Failure to submit either one of these Forms will result in disqualification of the
tender. In the event of disqualification under this clause the tenderer shall have
no grounds for appeal or compensation.

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APPENDIX TO INSTRUCTIONS TO TENDERERS

Para.

Item

Detail

Description of Project

The Works to be executed are fully described

in Part 3 , Section 4.0 Preliminaries of this
Tender Book

Directorate concerned in Project

Housing Projects Construction and

Maintenance Directorate

Engineer

Asst. Undersecretary,
Housing Project - MOH

Tender closing date

As shown on the Form of Tender

List of Tender Documents

Tender Documents are listed and described

in Part 1 of this Tender Book

3.7

Additional requirements (if any) as

to the qualifications of Tenderers

None

Amount of Tender Bond

As shown on the Form of Tender

11.1

Place for submission of tender

Tender Board's Offices at Al-Moayyed

Tower, Seef Area, (7th Floor).

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11.1

Manner of submission of tender

Each and every page of the complete

Tender Documents shall be returned stamped
with the official stamp of the Tenderer. All
blank spaces in the Tender Submission Form
are to be filled in with the information
required, with any enclosures required
securely affixed to the form. All insertions
made by the Tenderer on this form shall be
made in INK. Any alterations must be
initialled by the authorised signatory signing
the form. The form must be signed by the
Principal of the firm or by a person properly
authorised for the purpose and the registered
name and address of the Tenderer must be
printed in BLOCK letters or typed in the
space provided. No tender that is
incompletely or improperly filled in or
submitted on an unstamped form will be
considered.

11.4

Envelopes and their contents to be

supplied with the tender

The completed stamped Form of Tender, the

completed stamped Tender Submission
Form, the Tender Bond, the copy of the
Commercial Registration, the copy of the
receipt of the Commercial Registration
renewal fees together with any qualifications
to the tender, all securely fixed together must
be submitted in Envelope A, properly sealed
with all blank spaces filled in with the
information required. The Tenderer shall
submit in a separate plain opaque brown
envelope the completed Tender Documents
with the Envelope B label fully filled in and
affixed to the envelope by removing the
protective paper layer on the reverse side of
the label and sticking it to the envelope.

11.9

Whether partial tendering is

acceptable and if so, details thereof

Not acceptable

11.12

Tender validity period

180 days from tender closing date

12.1

Tender pricing currency if not

Bahraini Dinars

Not applicable

12.10

Whether base metal cost variations

to be taken into account and if so,

Not applicable
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details

12.11

Whether foreign exchange

fluctuation allowable and if so,
details thereof

Not allowable

13

Price escalation on any materials

Not applicable

14

Whether and if so details of the

extent to which sub-contracting is
permitted

To the Engineer's approval

16

Amount of Performance Bond

10% of the Contract Sum

17

Advance payment to be made in

this tender

Not applicable

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