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Bidding Document - V. Rakeedhoo Harbour

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Ministry of Finance

Republic of Maldives

BIDDING DOCUMENT
for

Design and Build of Harbour in V. Rakeedhoo

TES/2019/W-079

O ct o b e r 5 , 2 0 1 9

National Tender
Ministry of Finance
Republic of Maldives
Section I – Instruction to Tenderers

Standard Tendering Document

Table of Contents

PART 1 Tendering Procedures..........................................................3


Section I - Instructions to Tenderers...................................................................................................4
Section II - Bid Data Sheet (BDS)...................................................................................................23
Section III - Evaluation and Qualification Criteria...........................................................................27
Section IV - Tendering Forms..........................................................................................................35
Section V - Eligible Countries..........................................................................................................55
PART 2 – Employer’s Requirements.................................................56
Section VI - Employer’s Requirements............................................................................................57
PART 3 –Contract...........................................................................68
Section VII. General Conditions of Contract for the Procurement of Works. Error! Bookmark not
defined.
Section VIII. Particular Conditions of Contract................................Error! Bookmark not defined.
Section IX - Contract Forms..............................................................Error! Bookmark not defined.
Section X - Agreement......................................................................Error! Bookmark not defined.
Section I – Instruction to Tenderers

PART 1 Tendering Procedures


Section I – Instruction to Tenderers

Section I - Instructions to Tenderers


Table of Clauses

A. General.................................................................................................... 6
1. Scope of Tender........................................................................................................................6
2. Source of Funds........................................................................................................................6
3. Fraud and Corruption...............................................................................................................6
4. Eligible Tenderers.....................................................................................................................7
5. Eligible Materials, Equipment and Services.............................................................................9
B. Contents of Tendering Document.............................................9
6. Sections of Tendering Document..............................................................................................9
7. Clarification of Tendering Document, Site Visit, Pre-Tender Meeting...................................10
8. Amendment of Tendering Document......................................................................................10
C. Preparation of Tenders..........................................................11
9. Cost of Tendering...................................................................................................................11
10. Language of Tender................................................................................................................11
11. Documents Comprising the Tender.........................................................................................11
12. Letter of Tender and Schedules..............................................................................................12
13. Alternative Tenders................................................................................................................12
14. Tender Prices and Discounts...................................................................................................12
15. Currencies of Tender and Payment.........................................................................................13
16. Documents Comprising the Technical Proposal.....................................................................13
17. Documents Establishing the Qualifications of the Tenderer...................................................13
18. Period of Validity of Tenders..................................................................................................13
19. Tender Security.......................................................................................................................14
20. Format and Signing of Tender................................................................................................15
D. Submission and Opening of Tenders.......................................15
21. Sealing and Marking of Tenders.............................................................................................15
22. Deadline for Submission of Tenders.......................................................................................16
23. Late Tenders...........................................................................................................................16
24. Withdrawal, Substitution, and Modification of Tenders.........................................................16
25. Tender Opening......................................................................................................................16
E. Evaluation and Comparison of Tenders...................................17
26. Confidentiality........................................................................................................................17
27. Clarification of Tenders..........................................................................................................17
28. Deviations, Reservations, and Omissions...............................................................................18
29. Determination of Responsiveness...........................................................................................18
Section I – Instruction to Tenderers

30. Nonconformities, Errors, and Omissions................................................................................19


31. Correction of Arithmetical Errors...........................................................................................19
32. Conversion to Single Currency...............................................................................................19
33. Margin of Preference..............................................................................................................19
34. Evaluation of Tenders.............................................................................................................20
35. Comparison of Tenders...........................................................................................................20
36. Qualification of the Tenderer..................................................................................................20
37. Employer’s Right to Accept Any Tender, and to Reject Any or All Tenders...........................21
F. Award of Contract.................................................................21
38. Award Criteria........................................................................................................................21
39. Notification of Award.............................................................................................................21
40. Signing of Contract................................................................................................................21
41. Performance Security.............................................................................................................22
42. Adjudicator.............................................................................................................................22
Section I – Instruction to Tenderers

Section I - Instructions to Tenderers (ITT)

A. General
1. Scope of Tender

1.1 The Employer, as indicated in the BDS, issues this Tender Document for the procurement of the
Works as specified in Section VI (Employer’s Requirements). The name, identification, and
number of contracts (lots) of this tendering are provided in the BDS.

2. Throughout this Tendering Document:

(a) the term “in writing” means communicated in written form and delivered against receipt;

(b) except where the context requires otherwise, words indicating the singular also include the
plural and words indicating the plural also include the singular; and

(c) “day” means calendar day.

3. Source of Funds

4. The Procuring Entity (Employer) has an approved budget from the Government of the Maldives
which has been allocated towards the project indicated in the BDS. The Procuring Entity intends to
apply the allocated funds to eligible payments under contract(s) for which this Tender Document is
issued.

5. Payments will be made only at the request of the Procuring Entity in accordance with contact terms
and conditions and in accordance with financial legislation in force.

6. Fraud and Corruption

7. It is the Government’s policy to require that Procuring Entities, as well as Tenderers, suppliers,
contractors and their subcontractors observe the highest standard of ethics during the procurement
and execution of such contracts. In pursuance of this policy, the Government:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or


indirectly, of anything of value to influence improperly the actions of another party;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that


knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;

(iii) “collusive practice” is an arrangement between two or more parties designed to


achieve an improper purpose, including to influence improperly the actions of
another party;

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm,


directly or indirectly, any party or the property of the party to influence improperly
Section I – Instruction to Tenderers

the actions of a party;

(v) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material


to the investigation or making false statements to investigators in order to
materially impede a Government investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the Government’s inspection
and audit rights provided for under sub-clause 3.1 (e) below.

(b) will reject a proposal for award if it determines that the Tenderer recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for the contract in question;

(c) will cancel in whole or in part a contract if it determines at any time that representatives of
the Procuring Entity engaged in corrupt, fraudulent, collusive, or coercive practices during
the procurement or the execution of that contract, without the Government having taken
timely and appropriate action satisfactory to address such practices when they occur;

(d) will suspend a firm or individual from participation in public procurement, by declaring it
ineligible for a stated period of time, to be awarded a Government funded contract if it at
any time determines that the firm has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a
Government funded contract. The list of suspended firms is available at the electronic
address specified in the BDS; and

(e) will have the right to require that a provision be included in tender documents and in
contracts, requiring Tenderers, suppliers, and contractors and their sub-contractors to
permit the Employer to inspect their accounts and records and other documents relating to
the Tender submission and contract performance and to have them audited by auditors
appointed by the Government.

8. Furthermore, tenderers shall be aware of the provision stated in GCC Sub-Clauses 22.2 and 56.2
(h).

9. Eligible Tenderers

10. A Tenderer may be a natural person, private entity, or government-owned entity—subject to ITB
4.6—or any combination of them in the form of a joint venture, under an existing agreement, or
with the intent to constitute a legally-enforceable joint venture. Unless otherwise stated in the
BDS, all partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms.

11. A Tenderer, and all parties constituting the Tenderer, shall have the nationality of an eligible
country, in accordance with Section V (Eligible Countries). A Tenderer shall be deemed to have the
nationality of a country if the Tenderer is a citizen or is constituted, or incorporated, and operates in
conformity with the provisions of the rules and regulation of Maldives. This criterion shall also
Section I – Instruction to Tenderers

apply to the determination of the nationality of proposed subcontractors or suppliers for any part of
the Contract including related services.

12. A Tenderer shall meet the following criteria to be eligible to participate in public procurement:

(a) have the legal capacity to enter into the contract;

(b) not be insolvent, in receivership, bankrupt or being wound up, its affairs not being
administered by a court or a judicial officer, its business activities not being suspended and not
the subject of legal proceedings for any of the foregoing;

(c) have fulfilled its obligations to pay taxes.

(d) not have been, and its directors or officers not have been, convicted of any criminal offence
related to their professional conduct or the making of false statements or misrepresentations as
to their qualifications to enter into a contract within a period of five years preceding the
commencement of the procurement proceedings; and

(e) not have a conflict of interest in relation to the procurement requirement in accordance with
Sub-Clause 4.4.

(f) shall be a contractor who falls in to the grades of National Contractors Registry as specified in
the BDS.

13. A Tenderer shall not have a conflict of interest. All Tenderers found to have a conflict of interest
shall be disqualified. A Tenderer may be considered to have a conflict of interest with one or more
parties in this tendering process, if :

(a) they have a controlling partner in common; or

(b) they receive or have received any direct or indirect subsidy from any of them; or

(c) they have the same legal representative for purposes of this Tender; or

(d) they have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to information about or influence on the Tender of another
Tenderer, or influence the decisions of the Employer regarding this tendering process; or

(e) a Tenderer participates in more than one Tender in this tendering process. Participation by a
Tenderer in more than one Tender will result in the disqualification of all Tenders in which the
party is involved. However, this does not limit the inclusion of the same subcontractor in
more than one Tender; or

(f) a Tenderer or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the contract that is the subject of the Tender; or

(g) a Tenderer, or any of its affiliates has been hired (or is proposed to be hired) by the Employer
as Engineer for the contract.

13.2 A Tenderer that has been suspended from participation in public procurement by the Government
in accordance with ITB 3, at the date of the deadline for Tender submission or thereafter, shall be
Section I – Instruction to Tenderers

disqualified.

13.3 Government-owned enterprises in the Employer’s country shall be eligible only if they can
establish that they are legally and financially autonomous and operate under commercial law, and
that they are not a dependent agency of the Employer.

13.4 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Employer, as
the Employer shall reasonably request.

13.5 In case a prequalification process has been conducted prior to the tendering process, this tendering
is open only to prequalified Tenderers.

14. Eligible Materials, Equipment and Services


14.1 The materials, equipment and services to be supplied under the Contract shall have their origin in
eligible source countries as defined in ITB 4.2 above and all expenditures under the Contract will
be limited to such materials, equipment, and services. At the Employer’s request, Tenderers may
be required to provide evidence of the origin of materials, equipment and services.

14.2 For purposes of ITB 5.1 above, “origin” means the place where the materials and equipment are
mined, grown, produced or manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing, processing, or substantial or major
assembling of components, a commercially recognized product results that differs substantially in
its basic characteristics or in purpose or utility from its components.

B. Contents of Tendering Document


15. Sections of Tendering Document
15.1 The Tendering Document consist of Parts 1, 2 and 3 which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1 Tendering Procedures


Section I - Instructions to Tenderers (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Tendering Forms
Section V - Eligible Countries
PART 2 Requirements
Section VI – Employer’s Requirements
PART 3 Conditions of Contract and Contract Forms
Section VII - General Conditions of Contract (GCC)
Section VIII - Particular Conditions (PCC)
Section IX - Contract Forms
15.2 The Invitation for Tenders issued by the Employer is not part of the Tendering Document.
15.3 The Employer is not responsible for the completeness of the Tendering Document and their
Addenda, if they were not obtained directly from the source stated by the Employer in the
Invitation for Tenders.
Section I – Instruction to Tenderers

15.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the
Tendering Document. Failure to furnish all information or documentation required by the
Tendering Document may result in the rejection of the Tender.

16. Clarification of Tendering Document, Site Visit, Pre-Tender Meeting


16.1 A prospective Tenderer requiring any clarification of the Tendering Document shall contact the
Employer in writing at the Employer’s address indicated in the BDS or raise his inquiries during
the pre-Tender meeting if provided for in accordance with ITB 7.4. The Employer will respond in
writing to any request for clarification, provided that such request is received the number of days
given in the BDS prior to the deadline for submission of Tenders. The Employer shall forward
copies of its response to all Tenderers who have acquired the Tendering Document in accordance
with ITB 6.3, including a description of the inquiry but without identifying its source. Should the
Employer deem it necessary to amend the Tendering Document as a result of a request for
clarification, it shall do so following the procedure under ITB 8 and ITB 22.2.

17. The Tenderer is encouraged to visit and examine the Site of Works and its surroundings and obtain
for itself, on its own risk and responsibility, all information that may be necessary for preparing the
Tender and entering into a contract for construction of the Works. The costs of visiting the Site shall
be at the Tenderer’s own expense.

17.1 The Tenderer and any of its personnel or agents will be granted permission by the Employer to
enter upon its premises and lands for the purpose of such visit, but only upon the express condition
that the Tenderer, its personnel, and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.

17.2 The Tenderer’s designated representative is invited to attend a pre-Tender meeting, if provided for
in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.

17.3 The Tenderer is requested, as far as possible, to submit any questions in writing, to reach the
Employer not later than one week before the meeting.

17.4 Minutes of the pre-Tender meeting, including the text of the questions raised, without identifying
the source, and the responses given, together with any responses prepared after the meeting, will
be transmitted promptly to all Tenderers who have acquired the Tendering Document in
accordance with ITB 6.3. Any modification to the Tendering Document that may become
necessary as a result of the pre-Tender meeting shall be made by the Employer exclusively through
the issue of an addendum pursuant to ITB 8 and not through the minutes of the pre-Tender
meeting.

17.5 Nonattendance at the pre-Tender meeting will not be a cause for disqualification of a Tenderer.
18. Amendment of Tendering Document
18.1 At any time prior to the deadline for submission of Tenders, the Employer may amend the
Tendering Document by issuing addenda.

18.2 Any addendum issued shall be part of the Tendering Document and shall be communicated in
writing to all who have obtained the Tendering Document from the Employer in accordance with
Section I – Instruction to Tenderers

ITB 6.3.

18.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their Tenders, the Employer may, at its discretion, extend the deadline for the submission
of Tenders, pursuant to ITB 22.2

C. Preparation of Tenders
19. Cost of Tendering
20. The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and
the Employer shall in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.

21. Language of Tender


22. The Tender, as well as all correspondence and documents relating to the Tender exchanged by the
Tenderer and the Employer, shall be written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Tender may be in another language provided
they are accompanied by an accurate translation of the relevant passages in the language specified
in the BDS, in which case, for purposes of interpretation of the Tender, such translation shall
govern.

23. Documents Comprising the Tender


23.1 The Tender shall comprise the following:

(a) Letter of Tender;

(b) completed Schedules, in accordance with ITB 12 and 14, or as stipulated in the BDS;

(c) Tender Security or Tender Securing Declaration, in accordance with ITB 19;

(d) alternative Tenders, at the Tenderer’s option, and if permissible, in accordance with ITB
13;

(e) written confirmation authorizing the signatory of the Tender to commit the Tenderer, in
accordance with ITB 20.2;

(f) documentary evidence in accordance with ITB 17 establishing the Tenderer’s


qualifications to perform the contract;

(g) Technical Proposal in accordance with ITB 16;

(h) In the case of a Tender submitted by a joint venture (JV), the JV agreement, or letter of
intent to enter into a JV including a draft agreement, indicating at least the parts of the Works
to be executed by the respective partners; and

(i) Any other document required in the BDS.

24. Letter of Tender and Schedules


25. The Letter of Tender, Schedules, and all documents listed under Clause 11, shall be prepared using
Section I – Instruction to Tenderers

the relevant forms in Section IV (Tendering Forms), if so provided. The forms must be completed
without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be
filled in with the information requested.

26. Alternative Tenders


27. Unless otherwise indicated in the BDS, alternative Tenders shall not be considered.
28. When alternative times for completion are explicitly invited, a statement to that effect will be
included in the BDS. If permitted, the method for their evaluation will be stipulated in Section III
(Evaluation and Qualification Criteria).

29. When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4 below, Tenderers wishing
to offer technical alternatives to the requirements of the Tendering Document must first price the
Employer’s design as described in the Tendering Document and shall further provide all
information necessary for a complete evaluation of the alternative by the Employer, including
drawings, design calculations, technical specifications, breakdown of prices, and proposed
construction methodology and other relevant details. Only the technical alternatives, if any, of the
lowest evaluated tenderer conforming to the basic technical requirements shall be considered by the
Employer.

30. When specified in the BDS, Tenderers are permitted to submit alternative technical solutions for
specified parts of the Works. Such parts will be identified in the BDS and described in Section VI
(Employer’s Requirements). If permitted, the method for their evaluation will be stipulated in
Section III (Evaluation and Qualification Criteria).

31. Tender Prices and Discounts


32. The prices and discounts quoted by the Tenderer in the Letter of Tender and in the Schedules shall
conform to the requirements specified below.

32.1 The Tenderer shall submit a Tender for the whole of the works described in ITB 1.1 by filling in
prices for all items of the Works, as identified in Section IV, Tendering Forms. In case of
admeasurement contracts, the Tenderer shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items against which no rate or price is entered by the Tenderer
will not be paid for by the Employer when executed and shall be deemed covered by the rates for
other items and prices in the Bill of Quantities.

32.2 The price to be quoted in the Letter of Tender shall be the total price of the Tender, excluding any
discounts offered.

32.3 Unconditional discounts, if any, and the methodology for their application shall be quoted in the
Letter of Tender, in accordance with ITB 12.1.

32.4 If so indicated in ITB 1.1, Tenders are invited for individual contracts (lots) or for any combination
of contracts (packages). Tenderers wishing to offer any price reduction for the award of more than
one Contract shall specify in their Tender the price reductions applicable to each package, or
alternatively, to individual Contracts within the package. Price reductions or discounts shall be
submitted in accordance with ITB 14.3, provided the Tenders for all contracts are submitted and
opened at the same time.

32.5 Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted by the
Section I – Instruction to Tenderers

Tenderer shall be fixed. If the prices quoted by the Tenderer are subject to adjustment during the
performance of the Contract in accordance with the provisions of the Conditions of Contract, the
Tenderer shall furnish the indices and weightings for the price adjustment formulae in the
Schedule of Adjustment Data in Section IV (Tendering Forms) and the Employer may require the
Tenderer to justify its proposed indices and weightings.

32.6 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other
cause, as of the date 28 days prior to the deadline for submission of Tenders, shall be included in
the rates and prices and the total Tender price submitted by the Tenderer.

33. Currencies of Tender and Payment


33.1 The currency(ies) of the Tender shall be as specified in the BDS.
33.2 Tenderers may be required by the Employer to justify, to the Employer’s satisfaction, their local
and foreign currency requirements, and to substantiate that the amounts included in the prices
shown in the appropriate form(s) of Section IV, in which case a detailed breakdown of the foreign
currency requirements shall be provided by Tenderers.

34. Documents Comprising the Technical Proposal


34.1 The Tenderer shall furnish a Technical Proposal including a statement of work methods,
equipment, personnel, schedule and any other information as stipulated in Section IV (Tendering
Forms), in sufficient detail to demonstrate the adequacy of the Tenderers’ proposal to meet the
work requirements and the completion time.

35. Documents Establishing the Qualifications of the Tenderer


36. To establish its qualifications to perform the Contract in accordance with Section III (Evaluation
and Qualification Criteria) the Tenderer shall provide the information requested in the
corresponding information sheets included in Section IV (Tendering Forms).

37. Period of Validity of Tenders


38. Tenders shall remain valid for the period specified in the BDS after the Tender submission
deadline date prescribed by the Employer. A Tender valid for a shorter period shall be rejected by
the Employer as nonresponsive.

39. In exceptional circumstances, prior to the expiration of the Tender validity period, the Employer
may request Tenderers to extend the period of validity of their Tenders. The request and the
responses shall be made in writing. If a Tender security is requested in accordance with ITB 19, it
shall also be extended for a corresponding period. A Tenderer may refuse the request without forfeiting
its Tender security. A Tenderer granting the request shall not be required or permitted to modify its
Tender.

40. In the case of fixed price contracts, if the award is delayed by a period exceeding fifty-six (56) days
beyond the expiry of the initial Tender validity, the Contract price shall be adjusted by a factor
specified in the request for extension. Tender evaluation shall be based on the Tender Price without
taking into consideration the above correction.

41. Tender Security


41.1 Unless otherwise specified in the BDS, the Tenderer shall furnish as part of its Tender, in original
Section I – Instruction to Tenderers

form, either a Tender Securing Declaration or a Tender security as specified in the BDS. In the
case of a Tender security, the amount shall be as specified in the BDS.

41.2 A Tender Securing Declaration shall use the form included in Section IV Tendering Forms.
41.3 If a Tender security is specified pursuant to ITB 19.1, the Tender security shall be, at the
Tenderer’s option, in any of the following forms:

(a) an unconditional guarantee, issued by a bank or surety;

(b) a cashier’s or certified check; or

(c) another security indicated in the BDS.

from a reputable source from an eligible country. If the unconditional guarantee is issued by an
insurance company or bonding company located outside the Employer’s Country, it shall have a
correspondent financial institution located in the Republic of Maldives. In the case of a bank
guarantee, the Tender security shall be submitted either using the Tender Security Form included
in Section IV (Tendering Forms) or in another substantially similar format approved by the
Employer prior to Tender submission. In either case, the form must include the complete name of
the Tenderer. The Tender security shall be valid for twenty-eight days (28) beyond the original
validity period of the Tender, or beyond any period of extension if requested under ITB 18.2.

41.4 Any Tender not accompanied by an enforceable and substantially compliant Tender security or
Tender Securing Declaration, if required in accordance with ITB 19.1, shall be rejected by the
Employer as nonresponsive.

41.5 If a Tender security is specified pursuant to ITB 19.1, the Tender security of unsuccessful
Tenderers shall be returned as promptly as possible upon the successful Tenderer’s furnishing of
the performance security pursuant to ITB 41.

41.6 If a Tender security is specified pursuant to ITB 19.1, the Tender security of the successful
Tenderer shall be returned as promptly as possible once the successful Tenderer has signed the
Contract and furnished the required performance security.

41.7 The Tender security may be forfeited or the Tender Securing Declaration executed:

(a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Letter of Tender, except as provided in ITB 18.2 or

(b) if the successful Tenderer fails to:

sign the Contract in accordance with ITB 40; or

furnish a performance security in accordance with ITB 41.

41.8 The Tender Security or the Tender Securing Declaration of a JV shall be in the name of the JV that
submits the Tender. If the JV has not been constituted into a legally-enforceable JV, at the time of
tendering, the Tender Security or the Tender Securing Declaration shall be in the names of all
future partners as named in the letter of intent mentioned in ITB 4.1.

42. Format and Signing of Tender


Section I – Instruction to Tenderers

42.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in
ITB 11 and clearly mark it “ORIGINAL”. Alternative Tenders, if permitted in accordance with ITB
13, shall be clearly marked “ALTERNATIVE”. In addition, the Tenderer shall submit copies of the
Tender in the number specified in the BDS, and clearly mark each of them “COPY.” In the event
of any discrepancy between the original and the copies, the original shall prevail.

42.2 The original and all copies of the Tender shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Tenderer. This authorization shall
consist of a written confirmation as specified in the BDS and shall be attached to the Tender. The
name and position held by each person signing the authorization must be typed or printed below
the signature.

42.3 Any amendments such as interlineations, erasures, or overwriting shall be valid only if they are
signed or initialled by the person signing the Tender.

D. Submission and Opening of Tenders


43. Sealing and Marking of Tenders
43.1 Tenderers may always submit their Tenders by mail or by hand. When so specified in the BDS,
Tenderers shall have the option of submitting their Tenders electronically. Procedures for
submission, sealing and marking are as follows:

(a) Tenderers submitting Tenders by mail or by hand shall enclose the original and each copy of
the Tender, including alternative Tenders, if permitted in accordance with ITB 13, in separate
sealed envelopes, duly marking the envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.”
These envelopes containing the original and the copies shall then be enclosed in one single
envelope. The rest of the procedure shall be in accordance with ITB sub-Clauses 22.2 and
22.3.

(b) Tenderers submitting Tenders electronically shall follow the electronic Tender submission
procedures specified in the BDS.

44. The inner and outer envelopes shall:

(a) bear the name and address of the Tenderer;

(b) be addressed to the Employer as provided in the BDS pursuant to ITB 22.1;

(c) bear the specific identification of this tendering process indicated in accordance with ITB 1.1;
and

(d) bear a warning not to open before the time and date for Tender opening.

44.1 If all envelopes are not sealed and marked as required, the Employer will assume no responsibility
for the misplacement or premature opening of the Tender.

45. Deadline for Submission of Tenders


45.1 Tenders must be received by the Employer at the address and no later than the date and time
indicated in the BDS.
Section I – Instruction to Tenderers

45.2 The Employer may, at its discretion, extend the deadline for the submission of Tenders by
amending the Tendering Document in accordance with ITB 8, in which case all rights and
obligations of the Employer and Tenderers previously subject to the deadline shall thereafter be
subject to the deadline as extended.

46. Late Tenders


46.1 The Employer shall not consider any Tender that arrives after the deadline for submission of
Tenders, in accordance with ITB 22. Any Tender received by the Employer after the deadline for
submission of Tenders shall be declared late, rejected, and returned unopened to the Tenderer.

47. Withdrawal, Substitution, and Modification of Tenders


48. A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted by sending a
written notice, duly signed by an authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.2, (except that withdrawal notices do not require copies).
The corresponding substitution or modification of the Tender must accompany the respective
written notice. All notices must be:

(a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and

(b) received by the Employer prior to the deadline prescribed for submission of Tenders, in
accordance with ITB 22.

48.1 Tenders requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the
Tenderers.

48.2 No Tender may be withdrawn, substituted, or modified in the interval between the deadline for
submission of Tenders and the expiration of the period of Tender validity specified by the Tenderer
on the Letter of Tender or any extension thereof.

49. Tender Opening


49.1 The Employer shall open the Tenders in public at the address, date and time specified in the BDS
in the presence of Tenderers` designated representatives and anyone who choose to attend. Any
specific electronic Tender opening procedures required if electronic tendering is permitted in
accordance with ITB 21.1, shall be as specified in the BDS.

49.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the
corresponding Tender shall not be opened, but returned to the Tenderer. No Tender withdrawal
shall be permitted unless the corresponding withdrawal notice contains a valid authorization to
request the withdrawal and is read out at Tender opening. Next, envelopes marked
“SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Tender being
substituted, and the substituted Tender shall not be opened, but returned to the Tenderer. No Tender
substitution shall be permitted unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Tender opening. Envelopes marked
“MODIFICATION” shall be opened and read out with the corresponding Tender. No Tender
modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at Tender opening. Only envelopes that
Section I – Instruction to Tenderers

are opened and read out at Tender opening shall be considered further.

49.3 All other envelopes shall be opened one at a time, reading out: the name of the Tenderer and the
Tender Price(s), including any discounts and alternative Tenders and indicating whether there is a
modification; the presence of a Tender security or Tender securing Declaration, if required; and
any other details as the Employer may consider appropriate. Only discounts and alternative offers
read out at Tender opening shall be considered for evaluation. No Tender shall be rejected at
Tender opening except for late Tenders, in accordance with ITB 23.1.

49.4 The Employer shall prepare a record of the Tender opening that shall include, as a minimum: the
name of the Tenderer and whether there is a withdrawal, substitution, or modification; the Tender
Price, per contract if applicable, including any discounts and alternative offers; and the presence or
absence of a Tender security, if one was required. The Tenderers’ representatives who are present
shall be requested to sign the record. The omission of a Tenderer’s signature on the record shall not
invalidate the contents and effect of the record. A copy of the record shall be distributed to all
Tenderers.

E. Evaluation and Comparison of Tenders


50. Confidentiality
50.1 Information relating to the examination, evaluation, comparison, and post-qualification of Tenders
and recommendation of contract award, shall not be disclosed to Tenderers or any other persons
not officially concerned with such process until information on Contract award is communicated to
all Tenderers.
50.2 Any attempt by a Tenderer to influence the Employer in the evaluation of the Tenders or Contract
award decisions may result in the rejection of its Tender.
51. Notwithstanding ITB 25.2, from the time of Tender opening to the time of Contract award, if any
Tenderer wishes to contact the Employer on any matter related to the tendering process, it may do
so in writing.

52. Clarification of Tenders


53. To assist in the examination, evaluation, and comparison of the Tenders, and qualification of the
Tenderers, the Employer may, at its discretion, ask any Tenderer for a clarification of its Tender.
Any clarification submitted by a Tenderer that is not in response to a request by the Employer shall
not be considered. The Employer’s request for clarification and the response shall be in writing. No
change in the prices or substance of the Tender shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the
Tenders, in accordance with ITB 31.

54. If a Tenderer does not provide clarifications of its Tender by the date and time set in the Employer’s
request for clarification, its Tender may be rejected.

55. Deviations, Reservations, and Omissions


Section I – Instruction to Tenderers

55.1 During the evaluation of Tenders, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Tendering Document;

(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance
of the requirements specified in the Tendering Document; and

(c) “Omission” is the failure to submit part or all of the information or documentation required in
the Tendering Document.

56. Determination of Responsiveness


56.1 The Employer’s determination of a Tender’s responsiveness is to be based on the contents of the
Tender itself, as defined in ITB11.

56.2 A substantially responsive Tender is one that meets the requirements of the Tendering Document
without material deviation, reservation, or omission. A material deviation, reservation, or omission
is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of the Works specified
in the Contract; or

(ii) limit in any substantial way, inconsistent with the Tendering Document, the Employer’s
rights or the Tenderer’s obligations under the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

56.3 The Employer shall examine the technical aspects of the Tender submitted in accordance with ITB
16, Technical Proposal, in particular, to confirm that all requirements of Section VI (Employer’s
Requirements) have been met without any material deviation, reservation or omission.

57. If a Tender is not substantially responsive to the requirements of the Tendering Document, it shall
be rejected by the Employer and may not subsequently be made responsive by correction of the
material deviation, reservation, or omission.

58. Nonconformities, Errors, and Omissions


59. Provided that a Tender is substantially responsive, the Employer may waive any nonconformities in
the Tender.

60. Provided that a Tender is substantially responsive, the Employer may request that the Tenderer
submit the necessary information or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Tender related to documentation requirements. Requesting
information or documentation on such nonconformities shall not be related to any aspect of the
price of the Tender. Failure of the Tenderer to comply with the request may result in the rejection of
its Tender.

61. Provided that a Tender is substantially responsive, the Employer shall rectify quantifiable
Section I – Instruction to Tenderers

nonmaterial nonconformities related to the Tender Price. To this effect, the Tender Price may be
adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or
component. The adjustment shall be made using the methods indicated in Section III (Evaluation
and Qualification Criteria).

62. Correction of Arithmetical Errors


63. Provided that the Tender is substantially responsive, the Employer shall correct arithmetical errors
on the following basis:

(a) only for unit price contracts, if there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected, unless in the opinion of the Employer there is an obvious
misplacement of the decimal point in the unit price, in which case the total price as quoted
shall govern and the unit price shall be corrected;

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

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

64. If the Tenderer that submitted the lowest evaluated Tender does not accept the correction of errors,
its Tender shall be declared non-responsive.

65. Conversion to Single Currency


66. For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted into a
single currency as specified in the BDS.

67. Margin of Preference


67.1 A margin of preference shall not apply, unless otherwise specified in the BDS.

68. Evaluation of Tenders


68.1 The Employer shall use the criteria and methodologies listed in this Clause. No other evaluation
criteria or methodologies shall be permitted.

68.2 To evaluate a Tender, the Employer shall consider the following:

(a) the Tender price, excluding Provisional Sums and the provision, if any, for contingencies in
the Summary Bill of Quantities for admeasurement contracts or Schedule of Prices for lump
sum contracts, but including Day-work items, where priced competitively;

(b) price adjustment for correction of arithmetic errors in accordance with ITB 31.1;

(c) price adjustment due to discounts offered in accordance with ITB 14.3;
Section I – Instruction to Tenderers

(d) converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in
accordance with ITB 32;

(e) adjustment for nonconformities in accordance with ITB 30.3;

(f) application of all the evaluation factors indicated in Section III (Evaluation and Qualification
Criteria);

68.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be taken into account in Tender evaluation.

68.4 If this Tendering Document allows Tenderers to quote separate prices for different contracts (lots),
and to award multiple contracts to a single Tenderer, the methodology to determine the lowest
evaluated price of the contract combinations, including any discounts offered in the Letter of
Tender, is specified in Section III (Evaluation and Qualification Criteria).

68.5 If the lowest Evaluated Tender for an admeasurement contract is, in the opinion of the Employer,
seriously unbalanced, front loaded or substantially below updated estimates, the Employer may
require the Tenderer to produce detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those prices with the construction methods
and schedule proposed. After evaluation of the price analyses, taking into consideration the
schedule of estimated Contract payments, the Employer may require that the amount of the
performance security be increased at the expense of the Tenderer to a level sufficient to protect the
Employer against financial loss in the event of default of the successful Tenderer under the
Contract.

69. Comparison of Tenders


69.1 The Employer shall compare all substantially responsive Tenders in accordance with ITB 34.2 to
determine the lowest evaluated Tender.

70. Qualification of the Tenderer


70.1 The Employer shall determine to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated and substantially responsive Tender meets the qualifying criteria
specified in Section III (Evaluation and Qualification Criteria).

70.2 The determination shall be based upon an examination of the documentary evidence of the
Tenderer’s qualifications submitted by the Tenderer, pursuant to ITB 17.1.

70.3 An affirmative determination of qualification shall be a prerequisite for award of the Contract to
the Tenderer. A negative determination shall result in disqualification of the Tender, in which event
the Employer shall proceed to the next lowest evaluated Tender to make a similar determination of
that Tenderer’s qualifications to perform satisfactorily.

71. Employer’s Right to Accept Any Tender, and to Reject Any or All Tenders
71.1 The Employer reserves the right to accept or reject any Tender, and to annul the tendering process
and reject all Tenders at any time prior to contract award, without thereby incurring any liability to
Tenderers. In case of annulment, all Tenders submitted and specifically, Tender securities, shall be
promptly returned to the Tenderers.
Section I – Instruction to Tenderers

F. Award of Contract
72. Award Criteria
72.1 Subject to ITB 37.1, the Employer shall award the Contract to the Tenderer whose offer has been
determined to be the lowest evaluated Tender and is substantially responsive to the Tendering
Document, provided further that the Tenderer is determined to be qualified to perform the Contract
satisfactorily.

73. Notification of Award


73.1 Prior to the expiration of the period of Tender validity, the Employer shall notify the successful
Tenderer, in writing, via the Letter of Acceptance included in the Contract Forms, that its Tender
has been accepted. At the same time, the Employer shall also notify all other Tenderers of the
results of the tendering.

73.2 Until a formal contract is prepared and executed, the Letter of Acceptance shall constitute a
binding Contract.

74. The Employer shall promptly respond in writing to any unsuccessful Tenderer who, after
notification of award in accordance with ITB 39.1, requests in writing the grounds on which its
Tender was not selected.

75. Any Tenderer may seek administrative review by a written inquiry to the Procuring Entity
(Employer), which it considers to be in breach of the Financial Regulations. Any application for
review must be submitted in writing to the Accountable Officer of the Procuring Entity, within ten
working days from the date the Tenderer knew, or should have known, of the circumstances giving
rise to the complaint. If the Accountable Officer does not issue a decision within ten days, or the
Tenderer is not satisfied with the decision, the Tenderer may submit a complaint to the Public
Procurement Division.

76. Signing of Contract


76.1 Promptly upon notification, the Employer shall send the successful Tenderer the Contract
Agreement.

76.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Tenderer shall
sign, date, and return it to the Employer.

77. Performance Security


77.1 Within twenty-eight (28) days of the receipt of notification of award from the Employer, the
successful Tenderer shall furnish the performance security in accordance with the conditions of
contract, subject to ITB 34.5, using for that purpose the Performance Security Form included in
Section IX (Contract Forms), or another form acceptable to the Employer. If the performance
security furnished by the successful Tenderer is in the form of a bond, it shall be issued by a
bonding or insurance company that has been determined by the successful Tenderer to be
acceptable to the Employer. A foreign institution providing a bond shall have a correspondent
financial institution located in the Employer’s Country.

77.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security or to sign
Section I – Instruction to Tenderers

the Contract Agreement shall constitute sufficient grounds for the annulment of the award and
forfeiture of the Tender security. In that event the Employer may award the Contract to the next
lowest evaluated Tenderer whose offer is substantially responsive and is determined by the
Employer to be qualified to perform the Contract satisfactorily.

78. Adjudicator
78.1 The Employer proposes the person named in the BDS to be appointed as Adjudicator under the
Contract, at the hourly fee specified in the BDS, plus reimbursable expenses. If the Tenderer
disagrees with this proposal, the Tenderer should so state in his Tender. If, in the Letter of
Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer
will request the Appointing Authority designated in the Particular Conditions of Contract (PCC)
pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator.
Section II – Bid Data Sheet

Section II - Bid Data Sheet (BDS)

ITT reference Tender data that supplements the ITT

A. Introduction

ITT 1.1 The name of the tendering process is: International Competitive Bidding (ICB)

The procurement reference number of the tendering process is:

(IUL)13-K/13/2019/185

Project number: TES/2019/W-079

: The name of the Project is


ITT 2.1
TES/2019/W-079 - Design and Build of Harbour in V. Rakeedhoo

ITT 3.1(d) A list of firms suspended from participating in Government funded projects is
available at http://www.finance.gov.mv

ITT 4.1 The individuals or firms in a JV shall be jointly and severally liable.
The following grades of contractors registered under National Contractors Registry
ITT 4.3 (f)
will be eligible to participate in this tender.

HC01-1. HC01-2,

B. Tendering Documents

ITT 7.1 For clarification purposes only, the Employer’s address is:

Aminath Naheen Ahmed


Assistant Procurement Executive
National Tender
Ministry of Finance
Ameenee Magu, Male’, 20379
Republic of Maldives
Tel: 1617
E-mail: [email protected]
CC: [email protected]

Requests for clarification should be received by the Employer no later than: 1400
Hours Maldivian Time on Thursday 18thJuly 2019, 1400hrs

ITT 7.4 A Pre-Tender meeting shall not take place. If a Pre-Tender meeting will take place,
it will be at the following date, time and place:

NA
Section II – Bid Data Sheet

ITT reference Tender data that supplements the ITT

C. Preparation of Tenders

ITT 10.1 The language of the Tender is: English

ITT 11.1(b) The following schedules shall be submitted with the Tender:

 Bill of Quantities

 Work Schedule

 Mobilization Schedule

The Tenderer shall submit with its Tender the following additional documents:
ITT 11.1 (i)
1. GST Registration Certificate
2. Business Registration Certificate

ITT 13.1 Alternative Tenders shall not be permitted.

ITT 13.2 Alternative times for completion shall not be permitted.

ITT 13.4 Alternative technical solutions shall be permitted for the following parts of the
Works: N/A

ITT 14.6 The prices quoted by the Tenderer shall not be subject to adjustment during the
performance of the Contract.

Maldivian entities, International foreign companies who are already engaged


ITT 14.7
in any work in Maldives, or have re-registered their entity in the Maldives, or
have incorporated a company in Maldives shall be eligible to submit the Bid
prices inclusive of GST.
Where bid prices quoted by any of the above mentioned entity is not
indicated or mentioned as “exclusive” of GST, the bidder shall have the
right to take the quoted bid price deemed to be inclusive of GST.

The prices shall be quoted by the Tenderer in: Maldivian Rufiya (MVR) or
ITT 15.1 equivalent in USD

ITT 18.1 The Bids shall be valid for 120 days from the date of bid submission.

ITT 19.1 The Tenderer shall furnish a Bid security in the amount of : MVR 135,000.00 or
equivalent in USD

The validity of the bid security shall be:28 days beyond the validity of the Tender
(i.e. 148 days).
Section II – Bid Data Sheet

ITT reference Tender data that supplements the ITT

ITT 19.3(d) None

ITT 20.1 In addition to the Original of the Tender, the number of copies required is: 1
authentic hard copy (stamped) , 1 authentic soft copy (stamped & scanned)

ITT 20.2 The written confirmation of authorization to sign on behalf of the Tenderer shall
indicate:
(a) The name and description of the documentation required to demonstrate the
authority of the signatory to sign the Tender such as a Power of Attorney; and
(b) In the case of Tenders submitted by an existing or intended JV an undertaking
signed by all parties (i) stating that all parties shall be jointly and severally
liable, if so required in accordance with ITB 4.1(a), and (ii) nominating a
Representative who shall have the authority to conduct all business for and on
behalf of any and all the parties of the JV during the tendering process and, in
the event the JV is awarded the Contract, during contract execution.”]

D. Submission and Opening of Tenders


ITT 21.1 Tenderers shall not have the option of submitting their Tenders electronically.

ITT 22.1 For Tender submission purposes only, the Employer’s address is:
Mr. Ahmed Mujuthaba,
Chief Procurement Executive,
National Tender
Ministry of Finance
Ameenee Magu, Male’, 20379
Republic of Maldives
Tel: 1617
E-mail: [email protected]
CC: [email protected]

The deadline for Tender submission is:


Date: 05th August 2019
Time: 1100 hrs, Local Time

ITT 25.1 The Tender opening shall take place at: Street Address:
National Tender
Ministry of Finance
Ameenee Magu, Male’, 20379
Republic of Maldives

The deadline for Tender submission is:


Date: 05th August 2019
Section II – Bid Data Sheet

ITT reference Tender data that supplements the ITT

Time: 1100 hrs, Local Time

E. Evaluation and Comparison of Tenders

ITT 32.1 Not applicable.

ITT 42.1 The Adjudicator proposed by the Employer is: Ministry of Finance
Section III – Evaluation and Qualification Criteria

Section III - Evaluation and Qualification Criteria


This section contains all the criteria that the Employer shall use to evaluate Tenders, and
qualify Tenderers if the tendering was not preceded by a prequalification exercise and post
qualification is applied. In accordance with ITB 34 and ITB 36, no other methods, criteria
and factors shall be used. The Tenderer shall provide all the information requested in the
forms included in Section IV (Tendering Forms).

Table of Criteria

1.1 Adequacy of Technical Proposal............................................................................................28


1.2 Multiple Contracts...................................................................Error! Bookmark not defined.
1.3 Completion Time....................................................................................................................28
1.4 Technical Alternatives............................................................................................................29
2. Qualification.........................................................................30
2.1 Eligibility...............................................................................................................................30
2.3 Financial Situation..................................................................................................................31
2.4 Experience..............................................................................................................................32
2.5 Personnel.................................................................................Error! Bookmark not defined.
2.6 Equipment...............................................................................Error! Bookmark not defined.
Section III – Evaluation and Qualification Criteria

Evaluation and Qualification Criteria


1. Evaluation
In addition to the criteria listed in ITB 34.1 (a) – (e) the following criteria shall
apply;

 Tax clearance of the lowest evaluated bidder shall be checked prior to


contract award.

 Past 2 years performance of the lowest evaluated bidder will be assessed


prior to contract award.

 Lowest Evaluated bidder shall be assessed for any past work commitments
with in the last 2 years with Government of Maldives which had been
terminated due to poor performance. In addition, past work completed by
the lowest evaluated bidder will be assessed by the concerned stakeholder
for their overall performance.

 NCR grading and Tendering Limit of the substantially lowest evaluated


bidder shall be assessed prior to contract award. No Bidder shall bid above
the Tendering Limit specified in the corresponding NCR Grade and in case
of such, the bid shall be disqualified.

 Employer’s requirement (issued with the bidding document) for the project
must be met.

1.1 Adequacy of Technical Proposal


Evaluation of the Bidder's Technical Proposal will include an assessment of the
Bidder's technical capacity to mobilize key equipment and personnel for the
contract consistent with its proposal regarding work methods, scheduling, and
material sourcing in sufficient detail and fully in accordance with the requirements
stipulated in Section V (Employer's Requirements).

Omission of information on non-significant equipment and personnel requirements


described in Section V (Employer’s Requirements) shall not be a ground for bid
rejection and such non-compliance will be subject to clarification during bid
evaluation and rectification prior to contract award.

1.3 Completion Time


Section III – Evaluation and Qualification Criteria

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as


follows:

Not Applicable

1.4 Technical Alternatives


Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows:

Not Applicable
Section III – Evaluation and Qualification Criteria

2. Qualification

Factor 2.1 Eligibility


Criteria
Tenderer
Sub-Factor Documentation
Requirement Single Entity Joint Venture, Consortium or Association Required
All partners Each partner At least one
combined partner
2.1.1 Nationality Nationality in accordance with ITB 4.2. Existing or
Must meet intended JV Must meet Form ELI –1.1 and
N/A
requirement must meet requirement 1.2, with attachments
requirement
2.1.2 Conflict of No conflicts of interests as described in Existing or
Interest ITB 4.4. Must meet intended JV Must meet
N/A Letter of Tender
requirement must meet requirement
requirement
2.1.3 Government Not having been suspended from Must meet Existing JV Must meet N /A Letter of Bid
Suspension participation in public procurement by the requirement must meet requirement
Government as described in ITB 4.5. requirement
2.1.4 Government Compliance with conditions of ITB 4.6 Must meet Must meet Must meet Form ELI –1.1 and
N/A
Owned Entity requirement requirement requirement 1.2, with attachments
Section III – Evaluation and Qualification Criteria

Factor 2.2 Financial Situation


Criteria
Tenderer Documentation
Sub-Factor
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners At least one
Each partner
combined partner
2.3.1 Historical Submission of audited balance sheets or if not
Financial required by the law of the Tenderer’s country,
Performance other financial statements acceptable to the
Employer, for the last three (3) years to
Must meet Must meet Form FIN – 2.1 with
demonstrate the current soundness of the N/A N/A
requirement requirement attachments
Tenderers financial position and its
prospective long term profitability.

2.3.2. Average Minimum average annual turnover of Must meet


Annual 14 million (Maldivian Rufiyaa) within the last Must meet
Twenty
Turnover three (3) years. Must meet Must meet five percent (5
percent (20%) Form FIN –2.2
requirement requirement %) of the
of the
requirement
requirement
2.3.3. Financial The Tenderer must demonstrate access to, or
Resources availability of, financial resources such as
liquid assets, unencumbered real assets, lines Must meet
Must meet
of credit, and other financial means, other than Twenty
Must meet Must meet Five percent (5
any contractual advance payments to meet: percent (20%) Form FIN –2.3
requirement requirement %) of the
(i) the following cash-flow requirement: of the
requirement
MVR4 Million (Maldivian Rufiyaa) requirement
Section III – Evaluation and Qualification Criteria

Factor 2.3 Experience


Criteria

Tenderer
Sub-Factor Documentation
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each At least one
combined partner partner
2.4.1 General Experience under contracts in the
Experience role of contractor, subcontractor, or
Must meet Must meet
management contractor for at least N/A N/A Form EXP-2.4
requirement requirement
the last 3 years prior to the
applications submission deadline.
2.4.2 Specific (a) Participation as contractor,
Experience management contractor, or
subcontractor, in at least 2 contracts
within the last 5 years, each with a
value of at least MVR 10 million
(Maldivian Rufiyaa) that have Must meet
Must meet
been successfully and substantially Must meet requirement Form EXP 2.4.2
requirements for N/A
completed and that are similar to requirement for one
the proposed Works. The similarity all characteristics
characteristic
shall be based on the physical size,
complexity, methods/technology or
other characteristics as described in
Section VI, Employer’s
Requirements.
Section III – Evaluation and Qualification Criteria

2.4 Personnel

The Tenderer must demonstrate that it will have the personnel for the key positions that
meet the following requirements:

Total Work Experience In


Nos. of
No. Position Experience Similar Work
Persons
[years] [years]
1 Project Manager 1 10 3
2 Field/ Site Engineer 1 3-5 3
3 Project Engineer 1 5 3
4 Field/ Site Supervisor 1 3-5 3
5 Environmental Specialist 1 5 - 10 3
6 Surveyor 1 5 2
7 Quantity Surveyor 1 5 2
 Criteria for proposed personnel is given in the below table

Staff/ Area of Expertise Experien


Position ce
Project Minimum Bachelor’s degree in Project Management/ Construction Minimum
Manager/Te Management/civil/environmental engineering geography, hydrology or 10 years
am Leader related field.

Holding Master’s degree will be an advantage

Experience in project management on undertaking surveys and design


for harbour development

Previous relevant experience working in the Maldives.

Knowledge of issues around environmental sustainability and climate


change adaptation in Maldives will be an advantage
Project Minimum Bachelor’s degree in Civil/ Coastal Engineering (with 5 years
Engineer environmental economics taken as a module of study will be an
advantage)

Experience in undertaking detailed coastal design

Previous relevant experience working in the Maldives.


Field / Site Minimum Diploma in Civil Engineering with minimum 03 years Minimum
Engineer of experience in site management or related works. 3 -5 years

EIA Minimum Bachelor’s degree in Civil/ Environmental Engineering Minimum


Specialist with previous experience in coastal projects in low lying coralline 5-10
islands, including costing for such projects. years
Section III – Evaluation and Qualification Criteria

Previous relevant experience working in the Maldives.


Surveyor Minimum Diploma in Surveying/ Civil Engineering with Minimum
minimum 05 years’ experience in conducting land and 5 years
hydrographic surveys

Quantity Minimum Diploma in Quantity surveys with experience in Minimum


Surveyor formulating BOQs for coastal and/or related projects 5 years

The Tenderer shall provide details of the proposed personnel and their experience records
in the relevant Forms included in Section IV, Tendering Forms.

2.5 Equipment
The tenderer must demonstrate that it will have access to the key Contractor’s equipment
listed hereafter:

No. Equipment Type and Characteristics Minimum Number Required

1 Excavator 1
3 Loader 1
4 Compactor 1
5 Barge 1
6 Concrete Mixer 2
7 Vibrator 2
8 Dumpers 2
9 Crawler Crane 1
Section IV – Tendering Forms

Section IV - Tendering Forms


Table of Forms

Letter of Tender..................................................................................36
Price Schedules...................................................................................38
Bill of Quantities or Schedules of Activity.......................................................................................38
Form of Tender Security (Bank Guarantee)............................................40
Technical Proposal...............................................................................41
Technical Proposal Forms................................................................................................................41
Forms for Personnel.........................................................................................................................42
Forms for Equipment.......................................................................................................................44
Tenderer’s Qualifications.....................................................................45
Tenderer Information Sheet..............................................................................................................46
Party to Joint Venture Information Sheet..........................................................................................47
Current Contract Commitments/Works in Progress..........................................................................48
Financial Situation...........................................................................................................................49
Average Annual Turnover................................................................................................................50
Financial Resources.........................................................................................................................51
General Experience..........................................................................................................................52
Specific Experience..........................................................................................................................53
Section IV – Tendering Forms

Letter of Tender

NOTE TO TENDERERS: Letter of Tender shall be in the Company Letter head.


Note: All italicized text is for use in preparing these form and shall be deleted from the final products.

Date: _______________
Tenderer’s Reference No.: _______________
Procurement Reference No.: _______________
To: Ahmed Mujuthaba,
Chief Procurement Executive,
National Tender,
Ministry of Finance
Male’, Republic of Maldives

We, the undersigned, declare that:


(a) We have examined and have no reservations to the Tendering Documents, including Addenda
issued in accordance with Instructions to Tenderers (ITT) Clause 8;
(b) We offer to execute in conformity with the Tendering Documents of the following Works:
TES/2019/W-079 - Design and Build of Harbour in V. Rakeedhoo

(c) The total lump-sum fixed price of our Tender, excluding Goods and Services Tax (GST) in item
(d) and excluding any discounts offered in item (e) below is:
…………………………………………………………….;[amount in numbers & words]
(d) The amount for Goods and Services Tax (GST) is ………………………………………….
[amount in numbers & words]
(e) The discounts offered and the methodology for their application are:
………………………………;
(f) We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably possible
and to complete the whole of the Works comprised in the Contract within ……………………..
(days).
(g) Our Tender shall be valid for a period of ________ {insert validity period as specified in ITB
18.1.] days from the date fixed for the Tender submission deadline in accordance with the
Tendering Documents, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(h) If price adjustment provisions apply, the Table(s) of Adjustment Data shall be considered part of
this Tender;1
(i) If our Tender is accepted, we commit to obtain a performance security in accordance with the
Tendering Document;
(j) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from eligible countries;

1
Include if price adjustment provisions apply in the Contract in accordance with PCC Sub-Clause 13.8
Adjustments for Changes in Cost.
Section IV – Tendering Forms

(k) We, including any subcontractors or suppliers for any part of the contract, are eligible in
accordance with ITT Sub-Clause 4.3 and do not have any conflict of interest in accordance with
ITB 4.4;
(l) We are not participating, as a Tenderer or as a subcontractor, in more than one Tender in this
tendering process in accordance with ITB 4.4, other than alternative offers submitted in
accordance with ITB 13;
(m) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of
the contract, has not been suspended from public procurement by the Government, under the
laws or official regulations of the Republic of Maldives;
(n) We are not a government owned entity/We are a government owned entity but meet the
requirements of ITB 4.6;2
(o) We have paid, or will pay the following commissions, gratuities, or fees with respect to the
tendering process or execution of the Contract: 3

Name of Recipient Address Reason Amount

(p) We understand that this Tender, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;
(q) We understand that you are not bound to accept the lowest evaluated Tender or any other Tender
that you may receive; and
(r) If awarded the contract, the person named below shall act as Contractor’s Representative:
…………………………………………………………………….

Signed: ……………………........…{insert signature of authorised person}

Name: ………………………..…{insert complete name of person signing}

In the capacity of: …………….……….........{insert legal capacity of person signing}

Duly authorized to sign the


tender for and on behalf of ……………..…………….{insert complete name of Tenderer and
Company stamp}

Date: ……... day of ……….…………….. …………. {DD/MM/YY}

2
Use one of the two options as appropriate.
3
If none has been paid or is to be paid, indicate “none”.
Section IV – Tendering Forms

Price Schedules
Bill of Quantities
[Note: Bidders shall submit fully priced Bills of Quantities for the projects mentioned below].
Each page of the Bills of Quantities or the Schedule of Activities should be signed by a person with the
proper authority to sign documents for the Bidder].

The Bill of Quantities ( BoQ) attached with this Tender Document are;

Bill of Quantities

Project Number Project Name


Section IV – Tendering Forms

Work Schedule
Note: Bidders shall submit work schedule for each project separately. Project name, Project number,
client and duration should be clearly indicated.

Each page of the Work Schedule should be signed by a person with the proper authority to sign
documents for the Bidder.

The work schedule should be submitted for the following projects;

Work Schedule

Project Number Project Name


Section IV – Tendering Forms

Form of Tender Security (Bank Guarantee)


The Issuing Bank shall fill in this Bank Guarantee Form in accordance with the instructions
indicated.
………………………………… {Bank’s Name, and Address of Issuing Branch or Office}
Beneficiary: {Name and Address of Employer}
Date:
TENDER GUARANTEE No.: __________________________
We have been informed that __________________________ {name of the Tenderer}
(hereinafter called "the Tenderer") has submitted to you its Tender dated ___________
(hereinafter called "the Tender") for the execution of ________________ {name of contract}
under Invitation for Tenders No. ___________ (“the IFB”).
Furthermore, we understand that, according to your conditions, Tenders must be supported by a
Tender guarantee.
At the request of the Tenderer, we ____________________ {name of Bank} hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of ___________
[amount in figures] (____________) [amount in words] upon receipt by us of your first demand
in writing accompanied by a written statement stating that the Tenderer is in breach of its
obligation(s) under the Tender conditions, because the Tenderer:
(a) has withdrawn its Tender during the period of Tender validity specified by
the Tenderer in the Form of Tender; or
(b) having been notified of the acceptance of its Tender by the Employer
during the period of Tender validity, (i) fails or refuses to execute the
Contract Form, if required, or (ii) fails or refuses to furnish the performance
security, in accordance with the ITB.
This guarantee will expire: (a) if the Tenderer is the successful Tenderer, upon our receipt of
copies of the contract signed by the Tenderer and the performance security issued to you upon
the instruction of the Tenderer; and (b) if the Tenderer is not the successful Tenderer, upon the
earlier of (i) our receipt of a copy your notification to the Tenderer of the name of the successful
Tenderer; or (ii) {insert date}twenty-eight days after the expiration of the Tenderer’s Tender.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458
[signature(s]
Section IV – Tendering Forms

Technical Proposal
Technical Proposal Forms
Personnel

Equipment

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

Others
Section IV – Tendering Forms

Forms for Personnel


Form PER – 1: Proposed Personnel
Tenderers should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification Criteria).
The data on their experience should be supplied using the Form below for each candidate.

1. Title of position

Name

2. Title of position

Name

3. Title of position

Name

4. Title of position

Name

5. Title of position

Name

6. Title of position

Name

7. Title of position

Name
Section IV – Tendering Forms

Form PER – 2: Resume of Proposed Personnel


The Tenderer shall provide all the information requested below. Fields with asterix (*) shall be
used for evaluation.

Position*

Personnel Name * Date of birth


information

Professional qualifications:

Present Name of Employer


employment

Address of Employer

Telephone Contact (manager/personnel officer)

Fax E-mail

Job title Years with present Employer

Summarize professional experience in reverse chronological order. Indicate particular


technical and managerial experience relevant to the project.

From* To* Company, Project , Position, and Relevant Technical and Management
Experience*
Section IV – Tendering Forms

Forms for Equipment

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and Qualification
Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Tenderer. The Tenderer shall provide all the information requested
below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.

Type of Equipment*

Equipment Name of manufacturer Model and power rating


Information

Capacity* Year of manufacture*

Current Current location


Status

Details of current commitments

Source Indicate source of the equipment


o Owned o Rented o Leased o Specially manufactured

The following information shall be provided only for equipment not owned by the Tenderer.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project


Section IV – Tendering Forms

Tenderer’s Qualifications
To establish its qualifications to perform the contract in accordance with Section III (Evaluation
and Qualification Criteria) the Tenderer shall provide the information requested in the
corresponding Information Sheets included hereunder
Section IV – Tendering Forms

Form ELI 1.1

Tenderer Information Sheet


[The Tenderer shall fill in this Form in accordance with the instructions indicated below. No alterations
to its format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Tender Submission]
Tenderer’s Reference No: [Insert reference no]
Procurement Reference No.: [insert reference number]
Page _____ of_ ______ pages

1. Tenderer’s Legal Name {insert Tenderer’s legal name}

2. In case of JV, legal name of each {insert legal name of each party in JV}
party:

3. Tenderer’s actual or intended {insert actual or intended Country of Registration}


Country of Registration:

4. Tenderer’s Year of Registration: {insert Tenderer’s year of registration}

5. Tenderer’s Legal Address in {insert Tenderer’s legal address in country of registration}


Country of Registration:

6. Tenderer’s Authorized Representative Information

Name: {insert Authorized Representative’s name}

Address: {insert Authorized Representative’s Address}

Telephone/Fax numbers: {insert Authorized Representative’s tel/fax numbers}

Email Address: {insert Authorized Representative’s email address}

7. Attached are copies of original documents of: {check the box(es) of the attached original
documents}

 Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB


Sub-Clauses 4.1 and 4.2.

 In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in


accordance with ITB Sub-Clauses 4.1
 In case of government owned entity from the Employer’s country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Sub-Clause 4.6.
Section IV – Tendering Forms

Form ELI 1.2

Party to Joint Venture Information Sheet


[The Tenderer shall fill in this Form in accordance with the instructions indicated below].
Date: [insert date (as day, month and year) of Tender Submission]
Tenderer’s Reference No: [Insert reference no]
Procurement Reference No.: [insert reference]
Page ___ of ___ pages

1. Tenderer’s Legal Name: {insert Tenderer’s legal name}

2. JV’s Party legal name: {insert JV’s Party legal name}

3. JV’s Party Country of {insert JV’s Party country of registration}


Registration:

4. JV’s Party Year of Registration: {insert JV’s Part year of registration}

5. JV’s Party Legal Address in {insert JV’s Party legal address in country of
Country of Registration: registration}

6. JV’s Party Authorized Representative Information

Name: {insert name of JV’s Party authorized


representative}

Address: {insert address of JV’s Party authorized


representative}

Telephone/Fax numbers: {insert telephone/fax numbers of JV’s Party


authorized representative}

Email Address: {insert email address of JV’s Party authorized


representative}

7. Attached are copies of original documents of: {check the box(es) of the attached
original documents}

 Articles of Incorporation or Registration of firm named in 1, above, in


accordance with ITB Sub-Clauses 4.1 and 4.2.
 In case of government owned entity from the Purchaser’s country, documents
establishing legal and financial autonomy and compliance with the principles of
commercial law, in accordance with ITB Sub-Clause 4.6.
Section IV – Tendering Forms

Form CCC

Current Contract Commitments/Works in Progress


Tenderers and each partner to a JV should provide information on their current commitments on
all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full completion
certificate has yet to be issued.
Average
Value of
Estimated monthly
Employer, contact outstanding
No Name of contract completion invoicing over
address/tel/fax work (current
MVR equiv) date last six months
(MVR/month)
1.

2.

3.

4.

5.
Section IV – Tendering Forms

Form FIN – 2.1

Financial Situation
Historical Financial Performance
To be completed by the Tenderer and, if JV, by each partner
Tenderer’s Legal Name: _______________________ Date: _____________________
JV Partner Legal Name: _______________________ Tendering No.: __________________
Page _______ of _______ pages

Financial
Historic information for previous ____ years
information
(MVR equiv in ,000s)
(MVR equiv)

2017 2016 2015 Avg. Avg. Ratio

Information from Balance Sheet


Total Assets (TA)

Total Liabilities
(TL)

Net Worth (NW)

Current Assets
(CA)

Current
Liabilities (CL)

Information from Income Statement


Total Revenue
(TR)

Profits Before
Taxes (PBT)

 Attached are copies of financial statements (balance sheets, including all related notes, and income statements)
for the years required above complying with the following conditions:

 Must reflect the financial situation of the Tenderer or partner to a JV, and not sister or parent
companies
 Historic financial statements must be audited by a certified accountant
 Historic financial statements must be complete, including all notes to the financial statements
 Historic financial statements must correspond to accounting periods already completed and audited
(no statements for partial periods shall be requested or accepted)
Section IV – Tendering Forms

Form FIN – 2.2

Average Annual Turnover


Tenderer’s Legal Name: ___________________________ Date: _____________________
JV Partner Legal Name: ____________________________ Tendering No.: ______________
Page _______ of _______ pages

Annual turnover data

Year Amount and Currency MVR equivalent

2017

2016

2015

2014

*Average
Annual
Turnover

*Average annual turnover calculated as total certified payments received for work in progress or
completed over the number of years specified in Section III (Evaluation and Qualification Criteria), Sub-
Factor 2.3.2, divided by that same number of years.
Section IV – Tendering Forms

Form FIN2.3

Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as indicated in Section III (Evaluat ion and Qualification
Criteria)

Source of financing Amount (MVR equivalent)

1.

2.

3.

4.

**Credit reference letters should be attached with the form.


Section IV – Tendering Forms

Experience
General Experience
Tenderer’s Legal Name: ___________________ Date: _____________________
JV Partner Legal Name: _________________________ Tendering No.: ________________
Page _______ of _______ pages
Starting Ending
Role of
Month / Month / Years* Contract Identification
Tenderer
Year Year
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the Tenderer:
Name of Employer:
Address:

*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest
year
Section IV – Tendering Forms

Form EXP – 2.4.2(a) cont.

Specific Experience cont.


Tenderer’s Legal Name: _________________________ Date: __________________
JV Partner Legal Name: _________________________ Procurement Ref No: ___________
Page _______ of _______ pages

Similar Contract Information


Number: …….. [insert specific number] of
……. [insert total number of contracts
required].

Contract Identification

Award date

Completion date

 Contractor  Contractor
Role in Contract
Management
 Subcontractor
Total contract amount MVR

If partner in a JV or subcontractor, specify


% MVR
participation of total contract amount

Employer’s Name:

Address:

Telephone/fax number:

E-mail:
**Reference Letters shall be attached with the forms.
Section IV – Tendering Forms

Form EXP – 2.4.2(a)


Specific Experience

Tenderer’s Legal Name: ___________________________ Page _______ of _______ pages


JV Partner Legal Name: ___________________________

Similar Contract Information


No. ……… [insert specific number]
of ……. [insert total number of
contracts] required

Description of the similarity in


accordance with Sub-Factor 2.4.2a) of
Section III (Evaluation and Qualification
Criteria):

Amount

Physical size

Complexity

Methods/Technology

Physical Production Rate

**Reference Letters should be attached with the forms.


Section IV – Tendering Forms

Section V - Eligible Countries


Eligibility for the Provision of Works in Public Procurement
1. The Government of the Maldives permits firms and individuals from all countries
to offer works for publically funded contracts.
2. As an exception, firms of a Country or goods manufactured in a Country may be
excluded if:
i) as a matter of law or official regulation, the Republic of Maldives prohibits
commercial relations with that Country, or
ii) by an Act of Compliance with a Decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Republic of Maldives prohibits any import of goods from that Country or
any payments to persons or entities in that Country.
2. For the information of Tenderers, at the present time firms, goods, works and
services from the following countries are excluded from this tendering:
No countries at excluded from tendering.
Section IV – Tendering Forms

PART 2 – Employer’s Requirements


Section IV – Tendering Forms

Section VI - Employer’s Requirements

Table of Contents
Scope of Works...............................................................Error! Bookmark not defined.
Specifications....................................................Error! Bookmark not defined.
Drawings......................................................................................65
Bill of Quantities or Activity Schedule.............................................66
Supplementary Information............................................................................. 67
Section IV – Tendering Forms

Employer’s Requirement

SCOPE OF WORKS

The Government of Maldives wishes to build small craft harbours at the following islands.

1. V.Rakeedhoo

The scope of works of the project includes (but not limited to):

1. Detailed design of the harbour based on the preliminary design layout as per the
requirements in attached drawing
2. Detailed surveys including bathymetry of basin and channel, bathymetry of potential
harbour expansion area, shoreline facing the harbour area, dimensions of existing coastal
structures including any existing harbour or jetty and shore protection structures near the
harbour area, dimension of structures located where potential harbour expansion may
occur, elevation profile from the harbour area to the island vegetation line, and scaled
aerial photograph of the entire island and harbour area.
3. Carrying out an Environmental Impact Assessment (EIA) to the requirement of
Environmental Protection Agency (EPA).
4. For islands with existing harbours, construction of harbours, which include, but not limited
to reconstruction of breakwaters, revetments and quay walls and related amenities, and (if
required) maintenance dredging of the existing harbour basin including the channel and if
an expansion is proposed, capital dredging of any new basin area. If required by the work
methodology proposed by the contractor, the scope of works should include
removal/demolition, transportation and disposal of existing harbour structures. For islands
without a harbour or if a harbour is constructed in a new location, the scope of works
include, but not limited to construction of breakwaters, revetments and quay walls and
related amenities, and capital dredging of harbour basin and channel.

DESIGN CRITERIA

The design layout and structural components of a harbour should be established after careful
consideration of various operational, functional, navigational requirements, environmental and site
conditions and physical constraints. Vessels’ using the harbours in Maldives come in all shapes and
sizes such as fishing dhonis, passenger ferry vessels, powerboats, pleasure yachts, small cargo
boats, and passenger-cum-cargo vessels. Such small craft harbours in the Maldives typically
provide adequate draft to enable a boat to dock securely without risking damage. We can categorize
these into six main functions in a typical harbour, such as:

1. Fish landing facility


2. Loading/unloading of cargo space (quaywall to be designed for purpose)
Section IV – Tendering Forms

3. Ramp to facilitate landing craft access (especially regional waste handling landing
crafts)
4. Mooring of mainly locally registered large vessels in the main quaywall
5. Mooring of smaller vessels on the breakwater side via a floating platform
6. Boat beaching for repair and maintenance (if identified in preliminary layout)

Generally, harbours in the Maldives had been built without much consideration to achieve all of the
above functionalities.
Current policy of the government in planning and design of the new harbours and reconstruction of
existing harbours is that the design criteria of all the structures and the size of the harbour is
followed from an evaluation of valid functional and operational requirement as well as site and
environmental conditions. The materials and construction methods of various structures must
reflect the usage of the structure. For example the quay wall structure used for mooring of the
vessels necessarily need not be designed and built using the same material and methodology as that
for a quay wall structure used for loading/unloading of cargo. Depending on the nature of each
island, all 6 functions might not be required within the harbor (Eg. The island may have an existing
beaching area in another part of the island). The following is a schematic diagram identifying
different functionality of a typical harbour in the Maldives. (Designing and constructing land based
structures such as ferry terminal, fuel storage area will not be part of the scope of this project)

6
4
MOORING BOAT BEACHING
[SOCIAL] AREA
[COMMERCIAL]

2
3

5 CARGO PASSENGER 1
LOADING/ ARRIVAL
UNLOADING [SOCIAL] FISH LANDING
SERVICES
[COMMERCIAL] [COMMERCIAL]
- FUEL
- WATER Loading/Unloading
[COMMERCIAL] Shore based equipment

FUNCTIONALITIES OF A SMALL CRAFT


FISHING HARBOUR IN MALDIVES

Other factors that should be taken into account when designing the harbour are:

1. Harbour basin and entrance channel shall be dredged to a


minimum depth of 3.5 metres below Mean Sea Level (MSL). The harbour structures
should be designed accordingly.
2. The vessel mooring area should be designed such that it provides
reasonable shelter from adverse weather conditions throughout the year. Mooring area for
the larger vessels on the main quaywall will be required to all harbours. Requirement for
Section IV – Tendering Forms

mooring of smaller vessels on the breakwater side will be identified in the preliminary
layouts

3. Entrance channel shall be oriented in a direction and designed in


such a way that it gives maximum safe access along the channel during the year. The
channel design should also ensure the basin can provide a safe harbour to the vessels
throughout the year.

4. The harbour shall be designed with proper water circulation within


the basin. Any openings made for water circulation shall not cause sediment movement
into the harbour basin.

5. Harbour design layout shall ensure minimum sediment


accumulation at the entrance channel and inside the basin to allow for a maintenance
dredging period of not less than 5 years. Structures beyond the harbour area can be
proposed to ensure sediment control.

6. Harbour components shall be designed for a minimum


maintenance free period of 10 years. Design life of all structures shall not be less than 30
years.

7. Breakwater crest height shall be determined to provide reasonable


shelter from adverse weather conditions throughout the year. Complete wave overtopping
should not occur at any times; unless in extreme, exceptional weather conditions.

8. Top of quay shall be the higher of the following


b) 1.4 m above MSL
c) 0.15m above ground level.

Appropriate number of access stairs shall be incorporated into the quay wall. Mooring Hooks at
intervals not less than 5m shall be provided. 30mm diameter SS mooring hooks are recommended.

10. Pavement and drainage to be included around the quay wall perimeter. Width of pavement
shall be 5m. Pavement shall be made with interlocking blocks of strength 45 MPa
11. Double armed Sodium vapour harbour lights of at least 150 Wshall be placed at a
sufficient distance to provide visibility in the harbour area along the pavement Electricity
connection to the harbour lights from the island mains shall be proposed.
12. Adequate drainage must be placed taking into consideration topography of the harbour
areaWater shall not retain in between the island vegetation line and harbour area beyond
the island’s average flood water retention duration.

13. Sand cement bag construction shall not be proposed for any component of the works.
14. Floating platform shall be proposed for the leeward side of the main breakwater as a
walkway for passengers accesing small vessels moored along the area.
15. Concrete walkway with proper railing shall be proposed to access the long breakwater side
from the quay wall
Section IV – Tendering Forms

16. Unless substantiated with relevant data soil properties shall be assumed as below.
a. Angle of friction of sand not greater than 32º.
b. Bearing capacity of sand not greater than 100 KN/m²

17. All reinforced concrete shall be a minimum of grade C35 and a minimum concrete cover
of 50mm shall be provided to all steel reinforcement.
18. Marine Grade Cement shall be proposed for all concrete works
19. Marine Grade stainless steel shall be proposed for all railings and hooks.
20. Mooring bouys tied to concrete blocks at sufficient distances. with high strength rope and
epoxy coated hooks shall be proposed
21. Solar powered navigation beacons within minimum nominal light range of 2 nautical miles
shall be proposed for lagoon entrance and/or harbour entrance, and at any critical vessel
turning points, with a proper stable base.
22. The ramp for landing craft access shall be designed with a cope edge protector for
protecting the concrete edge of ramp.
23. Based on the design, the contractor shall submit technical specification for evaluation and
approval.

The contractor shall submit the following with the


tender:

1. Final layout drawing of the proposed harbour

2. Preliminary design of quay wall section for a dredge depth of -3.5m below MSL.
Contractor’s proposed equipments to carry out the works, including the proposed work
methodology. Preliminary design calculations.

3. Preliminary design of the breakwater. Contractor’s proposed equipments to carry out the
work, including the proposed work methodology.

4. Proposed equipment for dredging works and work methodology.

5. Project costing
The project is a lump sum contract, with bill of quantities. Provide linear meter or
cubic metre rates for the individual components as given below. Any cost not detailed
on the cost sheets (bill of quantities) shall be deemed covered by other rates and prices
in the bill of quantities. The costing sheet shall show costs for the following major
components (All costs related to these activities shall be included in the rate). The
contractor shall provide costing as per the unit rates given below.

a) Quay wall (including supply, installation of quay wall elements, capping,


anchor etc. Including labour cost) as a linear metre rate
b) Break water (including supply and installation of material and including labour
cost of all components) as a linear metre rate
c) Groyne (including supply and installation of material and including labour cost
of all components) as a linear metre rate
Section IV – Tendering Forms

d) Dredging (dredging and backfill) as a cubic metre rate


e) Revetment (including supply and installation of material and including labour
cost of all components) as a linear metre rate
f) Harbour street lights as item quantities and electric cables required as linear
meter
g) Pavement as square meter rate
h) Drainage related components as item quantities
i) Total cost of the project

6. Work schedule
The contractor shall submit proposed work schedule. The work schedule shall be
subdivided into each island harbour and shall indicate the major works to be carried out
under the scope of the project. The work schedule shall clearly show the proposed start
and end date for each island harbour. Following points shall be taken into consideration
when preparing the work schedule.
a) Detail design and EIA period shall be
clearly specified and should be included within the total duration of the project
b) The total duration of the project shall
not be more than 18 months.
c) Contractor shall allow for yearly
climatic conditions in the Maldives.

CONTRACTOR’S DOCUMENTS

The following documents shall be submitted to the Employer by the winning contractor:

1. Project survey report


2. Detail Design Report including
calculations
3. Detail design drawings
4. EIA (to be submitted to EPA and
should be done to EPA requirement)

OTHER INFORMATION

1. Ground water shall not be used for any construction. Coral sand shall not be used for
any concrete works. Sand shall not be taken from the island or the island lagoon
except as specified under the scope of the project.
2. All designs shall be to the relevant and latest British Standards or an equivalent standard.
3. Quality of construction and materials shall be as specified in the technical specifications.
Contractor shall submit manufacturers and / or suppliers specifications for any materials or
works not covered in the technical specifications.
4. The contractor shall have his quality control measures in place and submit quality reports
regularly. Apart from this the employer may at anytime without notice carry out independent
quality assurance tests to verify the quality of materials and works. If the quality of materials
Section IV – Tendering Forms

or works is below the specified standard the contractor shall rectify the situation to the
satisfaction of the employer at his own expense
5. The contractor shall provide the testing results provided by an independent third party.
6. Electricity and water required for the project shall be supplied by the contractor at his
expense.
7. It is contractors’ responsibility to obtain all the permits required (from regulatory authorities,
service providers etc.) for the designs, and for construction.
8. The metric system of units shall be used throughout.
The confirmation of the ground conditions is the responsibility of the contractor. The sub-surface
soil condition in the coastal zone in the Maldives, relevant to harbour construction, should be well
known from previous experience. Hence encounter of hard strata that cannot be removed from a
standard excavator would not be considered as an unforeseeable condition. The contractor shall
allow for the possible use of drop hammer or any other means to remove the hard strata, if
encountered, in the dredging rate. Hence the cost of any such work would be deemed to have been
covered in the contract price.

PROPOSED HARBOUR PRELIMINARY DESIGN

(see attached)
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SPECIFICATION
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Drawings

List of Drawings

Project Number Drawing Number Drawing Title


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Bill of Quantities or Activity Schedule

[The following units of measurement and abbreviations are recommended for use].

Unit Abbreviation Unit Abbreviation


3
cubic meter m or cu m
millimetre mm
hectare ha
month mon
hour h
number nr
kilogram kg
square meter m2 or sq m
lump sum sum
square millimetre mm2 or sq mm
meter m
week wk
metric ton (1,000 kg) t
Section IV – Tendering Forms

Supplementary Information
Section IV – Tendering Forms

PART 3 –Contract
Section IV – Tendering Forms

Section VII – General Conditions of Contract

The Conditions of Contract comprise the “General Conditions”, which form part of
the “Conditions of Contract for Plant and Design-Build” First Edition 1999 published
by Fédération Internationale des Ingénieurs-Conseils (FIDIC), and the following
“Particular Conditions”, which include amendments and additions to such General
Conditions.
i.1 Copies of FIDIC Conditions of Contract, referred to above, may be obtained
from:
i.2 FIDIC Secretariat
i.3 P.O. Box 86
i.4 CH 1000 Lausanne 12
i.5 Switzerland
i.6 Fax No: +41 21 653 5432

Refer to above FIDIC document which is an integral part of this Contract.


Section IV – Tendering Forms

Section VIII – Particular Conditions of Contract

The Conditions of Contract comprise the “General Conditions”, which form part of
“Conditions of Contract for Plant and Design” First Edition 1999 published by the
International Federation of Consulting Engineers (FIDIC), and the following “Particular
Conditions” , which include amendments and additions to such General Conditions.

Item Sub- Data


Clause
Clause 1
Interpretation 1.2 At the end of Sub-Clause 1.2, insert:
In these Conditions, provisions including the expression “Cost plus
reasonable profit” require this profit to be one-twentieth (5%) of this
Cost.
Priority of 1.5 Delete Sub-Clause 1.5 and substitute:
Documents
The documents forming the Contract are to be taken as mutually
explanatory of one another. If an ambiguity or discrepancy is found,
the priority shall be such as may be accorded by the governing law.
The Engineer has authority to issue any instruction which he
considers necessary to resolve an ambiguity or discrepancy.
Clause 3
Engineer’s Duties 3.1 Insert this at the end of Sub- Clause 3.1 as (d):
and Authority
“The Engineer shall obtain the specific approval of the Employer
before ordering any works involving delay or any extra payment by
the Employer or to make variation of or in the Works or Contract.”
Management 3.6 Insert this additional Sub-Clause 3.6 at the end of Sub-Clause 3.5:
Meetings
The Engineer or the Contractor’s Representative may require the
other to attend a management meeting in order to review the
arrangements for future work. The Engineer shall record the
business of management meetings and supply copies of the record
to those attending the meeting and to the Employer. In the record,
responsibilities for any actions to be taken shall be in accordance
with the Contract.
Clause 4
Performance 4.2 At the end of second paragraph, insert the following:
Security
If the Performance Security is in the form of a bank guarantee, it
shall be issued either (a) by a local bank, or (b) by a foreign bank
located in the country, acceptable to the Employer.
Contractor’s 4.3 At the end of the second paragraph of Sub-Clause 4.3:
Representative
The Contractor’s Representative and all these persons shall also be
fluent in English Language.

Subcontractors 4.4 Prior consent shall not be required if the value of the subcontract is
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Item Sub- Data


Clause
less than one percent (1%) of the Accepted Contract Amount.

Protection of the 4.18 add sub paragraph as follows;


Environment
Contractor must comply with Environment Protection and
Preservation Act 1993, and prepare any documents deemed
necessary by the Environment Impact Assessment Regulations
2007, and receive consent to the document from the Environment
Protection Agency before executing contractual Works and
temporary works under this Contract.
Clause 5
General Design 5.1 The outline design provided as part of the Employer’s Requirement
Obligations is a basic requirement. Detail design must be prepared taking into
consideration this concept design without deviation.
Clause 6
Engagement of Staff 6.1 Add to this Sub-Clause
and Labour
The Contractor is encouraged, to the extent practicable and
reasonable, to employ staff and labour with appropriate
qualification and experience from sources within the Country of
Works.

Alcoholic Liquor or 6.12 Add this Sub-Clause


Drugs
The Contractor shall not, otherwise than in accordance with the
Laws of the Maldives, import, sell, give, barter or otherwise dispose
of any alcoholic liquor or drugs, or permit or allow importation,
sale, gift, barter or disposal by Contractor’s personnel.
Arms and 6.13 Add this Sub-Clause
Ammunition
The Contractor shall not give, barter or otherwise dispose of to any
person, any arms or ammunition of any kind, or allow Contractor’s
personnel to do so.

Festivals and 6.14 Add this Sub-Clause


Religious Customs
The Contractor shall respect the recognized festivals, days of rest,
and local and religious customs of the Maldives.
Clause 8
Commencement of 8.1 The Commencement Date shall be the date of signing of the
Work Agreement .
Clause 13
Provisional Sums 13.5 This Sub-Clause is not applicable.
Clause 14
The Contract Price 14.1 Add the following sub-paragraph
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Item Sub- Data


Clause
(e) if any part of the Works is to be paid according to works
completed, Engineer shall use the rate specified in the
Contractor’s priced Schedule.
Plant and Materials 14.5 Sub-paragraph (b) is not applicable.
intended for the
Works
Clause 15
Corrupt or 15.6 Sub Clause 15.6 is amended to read as under:
Fraudulent Practices
If the Employer determines that the Contractor and Financier has
engaged in corrupt, fraudulent, collusive or coercive practices, in
competing for or in executing the Contract, then the Employer may,
after giving 14 days notice to the Contractor, terminate the
Contractor’s employment under the Contract and expel him from
the Site, and the provisions of Clause 15 shall apply as if such
expulsion had been made under Sub- Clause 15.2 [Termination by
Employer].
Should any employee of the Contractor or Financier be determined
to have engaged in corrupt, fraudulent or coercive practice during
the execution of the work then that employee shall be removed in
accordance with Sub-Clause 6.9 [Contractor’s Personnel].
The Employer requires that all Contractors adhere to the
Employer’s Policies for the Procurement of Works and Goods. In
particular, the Employer requires that the executing agencies and
contracting agencies, as well as all firms, entities and individuals
bidding for or participating in this project, including, inter alia,
applicants, bidders, contractors, consulting firms and individual
consultants (including their respective officers, employees and
agents) adhere to the highest ethical standards, and report to the
Employer all suspected acts of fraud or corruption of which it has
knowledge or becomes aware, during the Bidding Process and
throughout the negotiation or execution of a Contract. Fraud and
corruption are prohibited. Fraud and corruption include acts of: (a)
bribery, (b) extortion or coercion, (c) fraud and (d) collusion.

The definitions of actions set forth below cover the most common
types of corrupt practices, but are not exhaustive. For this reason,
the Employer shall also take action in the event of any similar deed
or complaint involving alleged acts of corruption, even when these
are not specified in the following list. The Employer shall in all
cases proceed in accordance with Sub-Clause 15.6.
In pursuance of this policy:
(a) The Employer defines the terms set forth below as follows:
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Item Sub- Data


Clause
"Bribery" meaning the offering or giving of anything of value to
influence the actions or decisions of third parties or the receiving or
soliciting of any benefit in exchange for actions or omissions related
to the performance of duties;
"Extortion" or "Coercion" meaning the act of obtaining something,
compelling an action or influencing a decision through intimidation,
threat or the use of force, where potential or actual injury may befall
upon a person, his/her reputation or property;
"Fraud" meaning any action or omission intended to misrepresent
the truth so as to induce others to act in reliance thereof,
with the purpose of obtaining some unjust advantage or
causing damage to others; and
"Collusion" meaning a secret agreement between two or more
parties to defraud or cause damage to a person or entity or to
obtain an unlawful purpose;
(b) If the Employer, in accordance with its administrative procedures,
demonstrates that any firm, entity or individual bidding for or
participating in this project including, inter alia, applicants, bidders,
contractors, consulting firms, individual consultants, purchasers,
executing agencies and contracting agency (including their
respective officers, employees and agents) engaged in an act of
fraud or corruption in connection with this project, the Employer
may:
decide not to accept any proposal to award a contract or a contract
awarded;
suspend the operation if it is determined at any stage that evidence
is sufficient to support a finding that an employee, agent or
representative of the Employer, Executing Agency or Contracting
Agency has engaged in an act of fraud or corruption.
Clause 18
General 18.1 Add the following at the end of Sub-Clause 18.1:
Requirements for
Insurances Acceptable to the Employer.

Insurance against 18.3 Add the following sentence at the end of the Sub-Clause 18.3
Damage to Property
Prior to commencing any excavation or using any heavy equipment
in close proximity to third party properties, the Contractor shall at
his own expense arrange his insurers to inspect such properties. He
shall also prepare pre-operation condition reports of such properties
including any photographs, as deemed appropriate, for future
reference.
Clause 20
Arbitration 20.6 At the end of sub-paragraph (a), insert the following:
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Item Sub- Data


Clause
“in Male’”

Section IX - Contract Forms


Performance Security
[The issuing bank, as requested by the successful Contractor, shall fill in this form in accordance
with the instructions indicated]
Section IV – Tendering Forms

Date: [insert date (as day, month, and year)]


Title of the procurement: [Insert general title of the procurement]
Procurement Reference No: [insert reference]
Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: [insert complete name of Employer/Procuring Entity]

Performance Guarantee No:


We have been informed that …….. [name of the Contractor], (hereinafter called “the Contractor”)
has entered into Contract No. . . . . . [procurement reference number of the Contract]. dated [insert
day and month], [insert year], with you, for the execution of ……………….. [name of contract and
brief description of Works] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we …………………. [name of the Bank] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of
………………………… [name of the currency and amount in figures] 1…. (. . . . . [amount in
words]) such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation(s) under the Contract, without
your needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the . . . . . day of . . . . . . . . . . , . . . . . . 2, and any demand
for payment under it must be received by us at this office on or before that date. The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed ….[six months][one
year], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,
except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

............................
[Seal of Bank and Signature(s)]
Note –
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.

1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency
acceptable to the Employer.

2
Insert the date twenty-eight days after the expected completion date. The Employer should note that in
the event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee.
Section IV – Tendering Forms

Advance Payment Guarantee


[The bank, as requested by the successful Contractor, shall fill in this form in accordance with the
instructions indicated.]
Date: [insert date (as day, month, and year)]
Title of the procurement: [Insert general title of the procurement]
Procurement Reference No: [insert reference]
[Issuing bank’s letterhead]

Beneficiary: [insert legal name and address of Procuring Entity]

ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]

Advance Payment Guarantee No:


We have been informed that ………. [name of the Contractor] (hereinafter called “the Contractor”)
has entered into Contract No……. [procurement reference number of the Contract], dated [insert
day and month], [insert year] with you, for the execution of …………………….. [name of contract
and brief description of Works] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment
in the sum …….. [name of the currency and amount in figures] 1 (…... [amount in words]) is to be
made against an advance payment guarantee.
At the request of the Contractor, we ……... [name of the Bank]. hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ……... [name of the currency and
amount in figures]* (……. [amount in words]) upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation under
the Contract because the Contractor used the advance payment for purposes other than the costs of
mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
……….[Contractor’s account number]. at ……... [name and address of the Contractor’s Bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the
Contract Price has been certified for payment, or on the …... day of ………….. 2, whichever is
earlier. Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date. The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months][one year], in response to the Employer’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

. . . . . . . . . . . . . . [Seal of Bank and Signature(s)]. . . . . . . . . . . . . .


Note –
All italicized text is for guidance in preparing this demand guarantee and shall be deleted from the final
document.
Section IV – Tendering Forms

1 The Guarantor shall insert an amount representing the amount of the advance payment denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee
Section IV – Tendering Forms

Letter of Acceptance
[To be produced on letterhead paper of the Employer/Procuring Entity]

To:
[name and address of the Contractor ]

Subject: Notification of Award of Contract:


This is to notify you that your Tender dated………………. [insert date] for the execution of
the . . . . . . . . . .[insert name of the contract and procurement reference number, as given in
the Invitation to Tender] for the Accepted Contract Amount of the equivalent of . . . . . . . .
[insert amount in numbers and words and name of currency], as corrected and modified in
accordance with the Instructions to Tenderers is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included
in Section IX (Contract Forms) of the Tendering Document.
[Choose one of the following statements:]
We accept that ………………………………. [insert the name of Adjudicator proposed by
the Tenderer] be appointed as the Adjudicator.
[or]
We do not accept that ……………………………. [insert the name of the Adjudicator
proposed by the Tenderer] be appointed as the Adjudicator, and by sending a copy of this
Letter of Acceptance to …………………………………… [insert name of the Appointing
Authority], the Appointing Authority, we are hereby requesting such Authority to appoint the
Adjudicator in accordance with ITB 42.1 and GCC 23.1.

Signed: ………………….……...…{insert signature of authorised person}

Name: ………………………{insert complete name of person signing}

In the capacity of: …………….………....{insert legal capacity of person signing}

Duly authorized to sign the


tender for and on behalf of ……………..…………….{insert complete name of Procuring Entity}

Date: ……... day of ……….…………….. ………….{DD/MM/YY}

Section X – Agreement
Section IV – Tendering Forms

This Agreement made the ___ day of ________ 2019 , between Government of Maldives
represented by the Ministry of National Planning and Infrastructure, Male’, Republic of Maldives
(hereinafter called “the Employer”) of the one part and
________________________________________. (herein after called “the Contractor”) of the
other part.
Whereas the Employer is desirous that certain Works known as
________________________________________ and should be executed by the Contractor,
and has accepted a Bid by the Contractor for a lump sum fixed price of MVR
_____________________ (in words) GST inclusive as the Accepted Contract Amount by the
Contractor for the execution and completion of such Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement,

(a) The Letter of Acceptance dated ____________________.

(b) The Letter of Tender dated _______________________.

(c) The Addenda nos. __________________________.

(d) The Conditions of Contract

(e) The Employer’s Requirements

(f) The completed Schedules, and ;

(g) The Contractor’s Proposal.

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter


mentioned the Contractor hereby covenants with the Employer to design, execute and complete the
Works and remedy any defects therein in conformity in all respects with the provisions of the
Contract.
Section IV – Tendering Forms

4. The Employer hereby covenants to pay the Contractor, in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price at the times
and in the manner prescribed by the Contract.
In Witness whereof the parties hereto have caused this Agreement to be executed the day and year
first before written in accordance with their respective laws.

For and Signed on behalf of:

Employer: Contractor:

………………………………………………… ……………………………………………………
… .
Name: Name:
Designation: Designation:
Environment
Address: Address:

In the presence of:

Employer representative: Contractor:

………………………………………………… ……………………………………………………
… .
Name: Name:
Designation: Designation:
Address: Address:
Section IV – Tendering Forms

Section 1 – Appendix to the Agreement

Sub - Clause

Employer’s name and address 1.1.2.2. & 1.3. Ministry of National Planning and Infrastructure
Ameenee Magu, Male’
Republic of Maldives

Contractor’s name and address 1.1.2.3. & 1.3.


To be filled by the Contractor

Engineer’s name and address 1.1.2.4. & 1.3. (Name of Engineer)


Ministry of National Planning and Infrastructure
Ameenee Magu, Male’
Republic of Maldives

Time for Completion of the Works 1.1.3.3 ______ days (to be filled by Contractor)
Defects Notification Period 1.1.3.7 365 days
Electronic transmission systems 1.3 Electronic Mail and Facsimile
Governing Law 1.4 Laws of the Republic of Maldives
Ruling language 1.4 English
Language for communications 1.4 English and Dhivehi
Time for access to the Site 2.1 14 days after the receipt of the Letter of Award
Amount of Performance Security 4.2 10% of the Accepted Contract Amount, in the
currencies and proportions in which the Contract
Price is payable.
Period for notifying unforeseeable 5.1 14 days
errors, faults and defects in the
Employer’s Requirements
Normal working hours 6.5 08:00 to 17:00 or as may be suited for the works
Delay damages for the Works 8.7 & 14.15(b) 0.25% of the final Contract Price per day, in the
currencies and proportions in which the Contract
Price is payable.
Maximum amount of Delay 8.7 15% of the Final Contract Price
damages
Percentage for adjustment of
Provisional Sums 13.5(b) Not Applicable
Total advance payment 14.2 15% of the Accepted Contract Amount if the
Section IV – Tendering Forms

Advance is Claimed within 45days.


Number and timing of installments 14.2 Single payment in accordance with Clause 14.2
Currencies and proportions 14.2 100% in Maldivian Rufiyaa
Start repayment of advance payment 14.2 (a) From first progress invoice onwards
Repayment amortization of advance 14.2 (b) 15%
payment
Percentage of Retention 14.3 5%
Limit of Retention Money 14.3 5% of the final Contract Price
Currency of Payment 14.15 100% in Maldivian Rufiyaa
Periods for submission of insurance:
(a) Evidence of insurance 18.1 14 days

(b) Relevant policies 18.1 24 days

Maximum amount of deductibles for Nil


insurance of the Employer’s risks 18.2(d)
Maximum amount of third party MVR 1 Million
insurance 18.3
The Dispute Adjudication Board 20.2 Tender Evaluation Board of the Ministry of
shall be Finance and Treasury, Republic of Maldives
Appointment (if not agreed) to be 20.3 Ministry of Finance and Treasury
made by
Definitions of Sections:
Description Value: percentage* of Time for Completion Delay Damages
(Sub-Clause 1.1.5.6) Accepted Contract Amount (Sub-Clause 1.1.3.3) (Sub-Clause 8.7)

 These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9
________________

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