BIDDING DOCUMENTS (Humanitarian Hub in Maiduguri)

Transcription

1 GPSU.SF BIDDING DOCUMENTS (Humanitarian Hub in Maiduguri) ITB-NG (Ref: MAID ) CONSTRUCTION WORKS FOR THE HUMANITARIAN HUBS IN BANKI, DAMASAK AND DAMBOA BORNO, NIGERIA Prepared by No.11, Haile Selassie Street, Asokoro, Abuja, Nigeria 6 September

2 IAEB No.: ITB-NG Date: September 12, 2017 INVITATION TO APPLY FOR ELIGIBILITY AND TO BID The International Organization for Migration (IOM), the UN Migration Agency is committed to the principle that humane and orderly migration benefits both migrants and society. In the framework of emergency response in Borno State, Nigeria, the IOM Bids Evaluation and Award Committee ( BEAC ) now invites interested Contractors to apply for eligibility and if found eligible, to bid for the proposed Construction Works the Humanitarian Hubs in Banki Damasak and Damboa, hereinafter referred to as the Project. Interested contractors shall their letter of intent (signed and stamped) to the BEAC (beaciomnigeria@iom.int) who shall send the interested contractors the IOM Vendor Information Sheet (VIS). The interested contractor shall fill out the VIS and submit it along with the following documents to the BEAC at the same address given above: Company Profile, government business permits, List of Similar Projects Implemented (using the prescribed template appended to the Instruction to Bidders) and Curriculum Vitae of the key management and technical officers of the company on or before 17:00 hours, 27 September IOM shall inform in writing all interested parties who submitted their prequalification application. Only those who pass the prequalification process (Prequalified Bidders) will be allowed to participate in the bidding process. A complete set of Bidding Documents is shall be sent to all prequalified bidders. Prequalified bidders may send requests for clarification regarding the contents of the bidding documents by sending an to beaciomnigeria@iom.int. IOM shall issue bid bulletin summarizing the question raised without identifying the source and IOM s official response. The bid bulletin shall be sent to all prequalified bidders. IOM shall not hold pre-bidding conference for this Project. Bids shall be valid for a period of 60 days after submission of Bids and must be accompanied by a bid security in the amount of 2.5% (two and a half percent) of the total bid price in the form of Bank guarantee from a reputable commercial banking institution acceptable to IOM. The scanned (electronic) copy of bid security shall be submitted together with scanned (electronic) copy the bid on or before 15:30 hours (Nigerian time), 22 September IOM reserves the right to reject and or all bids that are submitted after the deadline. The original copies of the bid and the corresponding bid security shall be submitted in sealed envelope to IOM Nigeria office at No.11 Haile-Selassie Street, Asokoro, Abuja, Nigeria on or before 15:30 hours (Nigerian time), 27 September

3 Bids will be opened at IOM Nigeria office at No.11 Haile-Selassie Street, Asokoro, Abuja, Nigeria on or before 16:00 hours (Nigerian time), 29 September 2017 in the presence of the Contractors who wish to attend. IOM reserves the right to accept or reject any bids, and to cancel the procurement process and reject all bids at any time prior to award of Contract, without obligation to inform the affected Bidder/s of the ground for IOM action. Very truly yours, Emma KHAKULA BEAC Chairperson 3

4 Table of Contents INVITATION TO APPLY FOR ELIGIBILITY AND TO BID... 2 Section I. Instructions to Bidders... 6 A. General Scope of Bid Eligible Bidders Qualification of the Bidder One Bid per Bidder Cost of Bidding... 9 B. The Bidding Documents Content of Bidding Documents Clarification of Bidding Documents Amendment of Bidding Documents C. Preparation of Bids Language of Bid Documents Comprising Bid Bid Prices Currencies of Bid and Payment Bid Validity Bid Security Alternative Proposals by Bidders Format and Signing of Bid D.Submission of Bids Sealing and Marking of Bids Deadline for Submission of Bids Late Bids Modification and Withdrawal of Bids E. Bid Opening and Evaluation Bid Opening Process to be Confidential Clarification of Bids and Contacting the IOM Examination of Bids and Determination of Responsiveness Correction of Errors Currency for Bid Evaluation Evaluation and Comparison of Bids F. Award of Contract Award Criteria IOM s Right to Accept any Bid and to Reject any or all Bids Notification of Award and Signing of Agreement Performance Security Advance Payment and Security Adjudicator Corrupt or Fraudulent Practice Section 2. Forms of Bid and Bill of Quantities, Qualification Information, Letter of Acceptance,and Contract Agreement Section 3. Construction Drawings Section 4. Technical Specifications Section 5. Security Forms

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6 Section I. Instructions to Bidders 6

7 Instructions to Bidders A. General 1. Scope of Bid 1. IOM invites bids for the construction of three (3) humanitarian hubs in Banki, Damasak and Damboa, Borno, Nigeria hereto referred as Works. 1.2 The successful Bidder will be expected to complete the Works by the Intended Completion Date which is 30 days after signature of Contract. 2. Source of Funds 2.1 These Works for establishment of humanitarian hubs at various locations are funded by ECHO, OFDA, NHF, CERF, Government of Germany, Swiss Government and Canadian Government.. 3. Eligible Bidders 3.1 This Invitation for Bids is open to all contractors with proper license issued by the Nigerian government to engage in construction works. Materials, equipment and services to be used in the performance of the Contract shall have their origin from eligible countries. The list of the eligible countries is specified in Annex A2a of the Practical Guide to contracting procedures for European Union external actions (PRAG) ( 3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a statement that the Bidder (including all members of a joint venture and subcontractors) is not associated, nor has been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Project Manager for the Contract. A firm that has been engaged by IOM to provide consulting services for the preparation or supervision of the Works, and any of its affiliates, shall not be eligible to bid. 3.3 Enterprises owned by the Nigerian government may only participate if they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of IOM. 3.4 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by IOM in accordance with sub-clause Qualification of the Bidder 4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, and a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary. 4.2 In the event that pre-qualification of potential bidders has been undertaken, only bids from pre-qualified bidders will be considered for award of Contract. These qualified bidders should submit with their bids any information updating their original pre- 1

8 qualification applications or, alternatively, confirm in their bids that the originally submitted pre-qualification information remains essentially correct as of the date of bid submission. The update or confirmation should be provided in Section If IOM has not undertaken pre-qualification of potential bidders, all bidders shall include the following information and documents with their bids in Section 2. (a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the bidder; (b) total monetary value of construction work performed for each of the last five years; (c) experience in works of a similar nature and size for each of the last five years, and details of work under way or contractually committed; and clients who may be contacted for further information on those contracts; (d) major items of construction equipment proposed to carry out the Contract; (e) qualifications and experience of key site management and technical personnel proposed for the Contract; (f) reports on the financial standing of the Bidder, such as profit and loss statements and auditor s reports for the past five years; (g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources); (h) authority to seek references from the Bidder s Banks; (i) information regarding any litigation, current or during the last five years, in which the Bidder is involved, the parties concerned, and disputed amount; and (j) proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price. 4.4 Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements (if joint venture is allowed): (a) the Bid shall include all the information listed in Sub-Clause 4.3 above for each joint venture partner; (b) the Bid shall be signed so as to be legally binding on all partners; (c) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; (d) one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and (e) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge. 4.5 To qualify for award of the Contract, bidders shall meet the following minimum qualifying criteria: (a) annual volume of construction work of at least NGN 2,800, in the last five years (b) experience as prime contractor in the construction of at least 3 works of a nature and complexity equivalent to the Works over the last 5 years, to comply with this requirement, cost of works cited should be at least equivalent to 100% of the estimated project cost and should be at least 70 percent complete; 8

9 (c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed in the Qualification Information; (d) a Contract Manager with 5 years experience in works of an equivalent nature and volume, including no less than three years as Manager; and (e) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, is no less than 50% of estimated project cost. A consistent history of litigation or arbitration awards against the Applicant or any partner of a Joint Venture may result in disqualification. 4.6 The figures for each of the partners of a joint venture shall be added together to determine the Bidder s compliance with the minimum qualifying criteria of Sub-Clause 4.5(a) and (e); however, for a joint venture to qualify, each of its partners must meet at least 25 percent of minimum criteria 4.5(a), (b), and (e) for an individual Bidder, and the partner in charge at least 40 percent of those minimum criteria. Failure to comply with this requirement will result in rejection of the joint venture s Bid. Subcontractors experience and resources will not be taken into account in determining the Bidder s compliance with the qualifying criteria, unless otherwise stated in the Bidding Data. 5. One Bid per Bidder 5.1 Each Bidder shall submit only one Bid, either individually or as a partner in a joint venture. A Bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder s participation to be disqualified. 6. Cost of Bidding 6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and IOM will in no case be responsible or liable for those costs. 7. Site Visit 7.1 The Bidder, at the Bidder s own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder s own expense. B. The Bidding Documents 8. Content of Bidding Documents 8.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 10: 9

10 1 Instructions to Bidders 2 Forms of Bid, Qualification Information, Letter of Acceptance, Contract/Agreement 3 Contract for Construction works 4 Construction Drawings 5 Technical Specifications 6 Forms of Securities 8.2 Complete copies of the bidding documents are supplied to the prospective Bidder. The number of copies to be completed and returned with the Bid shall be 1 (one) original. 9. Clarification of Bidding Documents 9.1 A prospective Bidder requiring any clarification of the bidding documents may notify IOM in writing or by cable ( cable includes telex and facsimile) at IOM s address indicated in the invitation to bid. IOM will respond to any request for clarification received earlier than 3 days prior to the deadline for submission of bids. Copies of IOM s response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry, but without identifying its source no later than 3 days before submission of bids. 10. Amendment of Bidding Documents 10.1 Before the deadline for submission of bids, IOM may modify the bidding documents by issuing addenda Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to IOM To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, IOM shall extend, as necessary, the deadline for submission of bids, in accordance with Sub-Clause 20.3 below. C. Preparation of Bids 11. Language of Bid 11.1 The official language of this bidding process shall be English. All bidding documents and related correspondence shall be in English. In case bidders will submit product literature not in English, the bidder shall translate the product literature of English. In case there will be discrepancy between the information in the product literature expressed in a language other than English and its English translation, the English translation shall prevail. 12. Documents Comprising the Bid 10

11 12.1 The Bid submitted by the Bidder shall comprise the following: 13. Bid Prices Technical Documents a) Bid Security indicating the amount and validity period b) Authority of signing official c) Construction schedule d) Manpower schedule e) Construction method f) Organizational chart for the project if bidder is awarded the contract g) List of contractor s personnel to be assigned to the project (e.g., Project Manager, Project Engineers, Materials engineers, Foremen), indicating their qualification and number of years of experience h) List of contractor s equipment, indicating those that are owned, leased and/or purchase agreements, along with the certification of availability of the equipment from the vendor/lessor; i) Equipment utilization schedule j) Affidavit of site inspection k) Letter of commitment from the bidder s bank to extend credit line to the bidder indicating the maximum credit line and the period when the credit line will be accessible to the bidder in case the bidder is awarded the contract l) Construction safety and health program of the contractor m) Certificate from the bidder under oath of its compliance to existing labor laws and standard n) A sworn statement from the bidder that the bidder is not blacklisted and none of its shareholders have investments on any company that is blacklisted by IOM Financial Documents a) Bidder s official bid and priced Bill of Quantities prescribed in the Bid Form b) Detailed estimates including a summary sheet indicating the unit prices of the construction materials, labor rates and equipment rental used in computing the final bid c) Cash flow by month 13.1 The Contract shall be for the whole Works, as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the Bidder will not be paid for by IOM when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities IOM enjoys the same tax/duty privilege like UN specialized agencies. IOM is VAT exempted. 11

12 13.4 The rates and prices quoted by the Bidder shall not be subjected to adjustment during the performance of the Contract unless provided for in the Conditions of Contract. 14. Currencies of Bid and Payment 14.1 The unit rates and prices shall be quoted by the Bidder entirely in the local (NGN) currency. 15. Bid Validity 15.1 Bids shall remain valid for 60 days In exceptional circumstances, IOM may request that the bidders extend the period of validity for a specified additional period but in no case more than 60 days. The request and the bidders responses shall be made in writing or by cable. A Bidder may refuse the request without forfeiting the Bid Security. A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid, but will be required to extend the validity of Bid Security for the period of the extension, and in compliance with Clause 16 in all respects. 16. Bid Security 16.1 The Bidder shall furnish, as part of the Bid, a Bid Security in in the amount of 2.5% of the total bid amount The Bid Security shall, at the Bidder s option, be in the form of a certified check, bank draft, letter of credit, or a bank guarantee from a reputable bank acceptable to IOM. The format of the Bid Security should be in accordance with the form of Bid Security included in Section 8 or another form acceptable to IOM. Bid Security shall be valid for 30 calendar days beyond the validity of the Bid Any bid not accompanied by an acceptable Bid Security shall be rejected by IOM. The Bid Security of a joint venture must define as bidder all joint venture partners and list them in the following manner: a joint venture consisting of,, and The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the Bid validity period specified in Sub-Clause The Bid Security of the successful Bidder will be discharged when the Bidder has signed the Agreement and furnished the required Performance Security The Bid Security may be forfeited on the following grounds: (a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity (b) if the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or (c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to: (i) sign the Agreement; or (ii) furnish the required Performance Security. 12

13 17. Alternative Proposals by Bidders 17.1 Alternative proposals to the requirements of the bidding documents will not be permitted. 18. Format and Signing of Bid 18.1 The Bidder shall prepare one original of the documents comprising the Bid as described in Clause 12 of these Instructions to Bidders, bound with the volume containing the Form of Bid, and clearly marked ORIGINAL. In addition, the Bidder shall submit a photocopy of the Bid, and clearly marked as COPIES. In the event of discrepancy between them, the original shall prevail The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to Sub-Clauses 4.3(a) or 4.4(b), as the case may be. All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Mission, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid The Bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to contract execution if the Bidder is awarded the contract. D. Submission of Bids 19. Sealing and Marking of Bids 19.1 The Bidder shall seal the original copies of the Bid in an envelope and clearly marked with the marking prescribed below: Bid for (tender reference #) Phase II, Construction Works at Humanitarian Hubs in Banki, Damasak and Damboa The Chairman Bid Evaluation and Awarding committee (BEAC), International Organization for Migration, No11, Haile Selassie Street, Asokoro, Abuja - Nigeria; and 19.2 If the envelope is not sealed and marked as above, IOM will assume no responsibility for the misplacement or premature opening of the Bid. 20. Deadline for Submission of Bids 13

14 20.1 Bidders shall deposit their official bid and all its annexes in Dropbox and send the link to the folder containing the documents to The shall be addressed to the BEAC Chairperson with subject line: Bid for (tender reference # ITB-NG ) Construction Works at Humanitarian Hubs in Banki, Damasak and Damboa/Bidder Company Name The electronic submission of bids shall be done not later than 17:00 hours 22 September The official date and time stamp of the IOM server of the containing the link to the bid documents shall serve as the official date and time of receipt of the bids. IOM reserves the right to reject and or all bids whose electronic submission of bid was receipt the IOM server after the deadline IOM may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of IOM and the bidders previously subject to the original deadline will then be subject to the new deadline. 21. Late Bids 21.1 Any Bid received by IOM after the deadline prescribed in Clause 20 will be returned unopened to the Bidder. 22. Modification and Withdrawal of Bids 22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause Each Bidder s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 18 and 19, with the outer and inner envelopes additionally marked MODIFICATION or WITHDRAWAL, as appropriate. A scanned copy of the withdrawal or medication notice shall be sent to beaciomnigeria@iom.int with subject line: Bid Withdrawal/tender #/Bidding Company Name for bid withdrawal and Bid Modification/tender #/Bidding Company Name for bid modification No Bid may be modified after the deadline for submission of Bids Withdrawal of a Bid between the deadline for submission of bids and the expiration of the period of Bid validity or as extended pursuant to Sub-Clause 15.2 may result in the forfeiture of the Bid Security pursuant to Clause Bidders may only offer discounts to, or otherwise modify the prices of their bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission. E. Bid Opening and Evaluation 23. Bid Opening 23.1 IOM will open the bids, including modifications made pursuant to Clause 22, in the presence of the bidders representatives who choose to attend on 29 September 2017 at 4:00PM. 14

15 23.2 s with subject line Bid Withdrawal shall be opened and read out first. Withdrawn bids shall no longer be downloaded and opened during the bid opening meeting s containing the links to the valid bid documents shall be opened and downloaded. Bids shall be printed, the bidders names, the Bid prices, the total amount of each Bid, any discounts, Bid modifications and withdrawals, the presence or absence of Bid Security, and such other details as IOM may consider appropriate, will be announced by IOM at the opening IOM will prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-Clause Process to be Confidential 24.1 Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence IOM s processing of bids or award decisions may result in the rejection of his Bid 25. Clarification of Bids and Contacting the IOM 25.1 To assist in the examination, evaluation, and comparison of bids, IOM may, at IOM s discretion, ask any Bidder for clarification of the Bidder s Bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, telex, or facsimile, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by IOM in the evaluation of the bids in accordance with Clause Subject to Sub-Clause 25.1, no bidder shall contact IOM on any matter relating to its bid from the time of bid opening to the time the contract is awarded. If the bidder wishes to bring additional information to the notice of IOM, it should do so in writing Any effort by the Bidder to influence IOM in the bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidders bid. 26. Examination of Bids and Determination of Responsiveness 26.1 Prior to the detailed evaluation of bids, IOM will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the bidding documents A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the bidding documents, the IOM s rights or the Bidder s obligations 15

16 under the Contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids If a Bid is not substantially responsive, it will be rejected by IOM, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 27. Correction of Errors 27.1 Bids determined to be substantially responsive will be checked by IOM for any arithmetic errors. Errors will be corrected by IOM as follows: (a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of IOM there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected The amount stated in the Bid will be adjusted by IOM in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid Security may be forfeited in accordance with Sub-Clause 16.6(b). 28. Currency for Bid Evaluation 28.1 Bids will be evaluated as quoted in Nigerian Naira (NGN) as defined in Sub-Clause Evaluation and Comparison of Bids 29.1 IOM will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause In evaluating the bids, IOM will determine for each Bid the evaluated Bid price by adjusting the Bid price as follows: (a) making any correction for errors pursuant to Clause 27; (b) excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities, but including Daywork, where priced competitively; (c) making an appropriate adjustment for any other acceptable variations, deviations, or alternative offers submitted in accordance with Clause 17; and (d) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub-Clause IOM reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benefits for IOM will not be taken into account in Bid evaluation The estimated effect of any price adjustment conditions during the period of implementation of the Contract, will not be taken into account in Bid evaluation. 16

17 F. Award of Contract 30. Award Criteria 30.1 Subject to Clause 32, IOM will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3, and (b) qualified in accordance with the provisions of Clause IOM s Right to Accept any Bid and to Reject any or all Bids 31.1 Notwithstanding Clause 31, IOM reserves the right to accept or reject any Bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the IOM s action. 32. Notification of Award and Signing of Agreement 32.1 The Bidder whose Bid has been accepted will be notified of the award by IOM prior to expiration of the Bid validity. IOM s acceptance of the bid shall be done through a Notice of Award (NOA). The NOA shall state the sum that IOM will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the Contract Price ) The NOA will constitute the formation of the Contract, subject to the Bidder furnishing the Performance Security in accordance with Clause 34 and signing the Agreement in accordance with Sub-Clause The Agreement will incorporate all agreements between IOM and the successful Bidder. It will be signed by IOM and sent to the successful Bidder, within 28 days following the notification of award along with the Notice of Award. Within 21 days of receipt, the successful Bidder will sign the Agreement and deliver it to IOM Upon the furnishing by the successful Bidder of the Performance Security, IOM will promptly notify the other bidders that their bids have been unsuccessful. 33. Performance Security 33.1 Within 21 days after receipt of the NOA, the successful Bidder shall deliver to IOM a Performance Security equivalent to 10% of the winning bid amount in the form of Bank Guarantee, denominated in the type and proportions of currencies in the NOA and in accordance with the Conditions of Contract If the Performance Security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued by a bank located in Nigeria that is acceptable to IOM. 17

18 33.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 33.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. 34. Advance Payment and Security 34.1 IOM may provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to a maximum amount 10% of the Contract Price upon posting of prescribed Security equivalent to the amount advance subject to recoupment. 35. Adjudicator 35.1 Any dispute or difference in view regarding the Agreement shall be settled in so far as it is possible, by mutual consultation and consent If both parties fail to come to an agreement, the dispute shall be settled by arbitration under the auspices of United Nations Commission of International Trade Law (UNCITRAL). 36. Corrupt or Fraudulent Practice 36.1 IOM requires that all IOM Staff, Bidders/Contractors, manufacturers, suppliers or distributors, observe the highest standard of ethics during procurement and execution of all contracts. IOM shall reject any Bids put forward by Bidders or where applicable terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. In pursuance of this policy, IOM: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) corrupt practice means the offering, giving, receiving or soliciting directly or indirectly anything of value to influence the action of the Procuring/Contracting Entity in the procurement process or in contract execution; (ii) fraudulent practice is any acts or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of a contract, to obtain a financial gain or other benefit to avoid an obligation; (iii) collusive practice is an undisclosed arrangement between two or more contractors designed to artificially alter the results of the tender procedure to obtain a financial gain or benefit; (iv) coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or after the execution of a contract. (b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded an IOM financed contract if it at any time determines that the firm 18

19 has engaged in corrupt or fraudulent practices in competing for, or in executing, an IOM financed contract Furthermore, Bidders shall be aware of the provision stated in sub-clause 23.2 and sub-clause 59.2 of the Conditions of Contract. 19

20 Section 2. Forms of Bid and Bill of Quantities, Qualification Information, Letter of Acceptance, and Contract Agreement Table of Standard Forms Standard Form: Contractor s Bid and Bill of Quantities Standard Form: Qualification Information, Standard Form: Letter of Acceptance, Standard Form: Construction Contract 20

21 Standard Form: Contractor s Bid BID FORM Date : To: The Chairperson Bids Evaluation and Award Committee (BEAC) International Organization for Migration No11, Haile Selassie Street, Asokoro, Abuja, Nigeria We, the undersigned, declare that; Having examined the Bidding Document for the [Phase II, Construction Work at Damboa, Banki & Damasaki Humanitarian Hubs and IAEB No. ITB-NG ], issued on [insert date, the receipt of which is hereby duly acknowledge, I, representing [insert name of company] offer to execute the WORKS and complete the construction in conformity with the Bidding Document for the total fixed lump sum price of [insert total bid amount in words and figures and currency] accordance with the Bill of Quantities and Detailed Estimate which is herewith attached and form part of this Bid. I undertake, if my Bid is accepted, to deliver, install and execute the WORKS in accordance with the construction timetable/schedule set out in the Instruction to Bidders of the Bidding Document. If my Bid is accepted, I will obtain the guarantee of a bank in a sum equivalent to 10% of the total amount of the Contract Price for the due performance of the Contract, in the form prescribed by the IOM. I agree to abide by this Bid for the Bid Validity Period specified in the Bidding Document which may be accepted at any time before the expiration of that period. Until a formal contract is prepared and executed, the Bid, together with your written acceptance thereof and the Notice of Award, shall constitute a binding agreement between us. I hereby certify that the Bid complies with the requirements stipulated in the Bidding Document. Dated this day of 20. [signature over printed name] [in the capacity of] Duly authorized to sign Bid for and on behalf of [name of company] 21

22 BILL OF QUANTITIES FORM Summary PROJECT TITLE LOCATION : Construction Works 3 Hub s : Banki ITEM NO. ITEM DESCRIPTION QUANTITY Unit Price (NGN) Total (NGN) 1 Drainage 1 Banki 2 Concrete Bollard Barriers 1 Banki 3 3x Observation Posts 1 Banki 4 Fencing 1 Banki 5 Slab for Generator and Fuel Storage 1 Banki 6 Gate House 1 Banki 7 Fencing Omega 1 Banki 8 Toilets 1 Banki 9 Kitchen 1 Banki 10 Mopol Latrine 1 Banki 11 Concrete Bollard Barries 1 Banki 12 Slab for Office 1 Banki 13 Slab for V-SAT 1 Banki 14 Slab for ETS 1 Banki 15 Parking area and Driveway 1 Banki 16 Pavements 1 Banki 17 6x Slab s of 8m x10m 1 Banki 18 Soft Landscape 1 Banki 19 4x Borehole 1 Banki 20 Gazebo 1 Banki 21 Bunker 1 Banki 22 Slab Warehouse and Laundry 1 Banki 23 2x Slab s MSU 10mx32m 1 Banki GRAND TOTAL Location Contractors authorized signature over printed name 22

23 PROJECT TITLE : Construction Works 3 Hub s LOCATION : Damasak BILL OF QUANTITIES FORM Summary ITEM NO. ITEM DESCRIPTION QUANTITY Unit Price (NGN) Total (NGN) Location 1 Drainage 1 Damasak 2 Concrete Bollard Barriers 1 Damasak 3 3x Observation Posts 1 Damasak 4 Fencing 1 Damasak 5 Slab for Generator and Fuel Storage 1 Damasak 6 Gate House 1 Damasak 7 Fencing Omega 1 Damasak 8 Toilets 1 Damasak 9 Kitchen 1 Damasak 10 Mopol Latrine 1 Damasak 11 Concrete Bollard Barries 1 Damasak 12 Slab for Office 1 Damasak 13 Slab for V-SAT 1 Damasak 14 Slab for ETS 1 Damasak 15 Parking area and Driveway 1 Damasak 16 Pavements 1 Damasak 17 6x Slab s of 8m x10m 1 Damasak 18 Soft Landscape 1 Damasak 19 4x Borehole 1 Damasak 20 Gazebo 1 Damasak 21 Bunker 1 Damasak 22 Slab Warehouse and Laundry 1 Damasak 23 2x Slab s MSU 10mx32m 1 Damasak GRAND TOTAL Contractors authorized signature over printed name 23

24 BILL OF QUANTITIES FORM Summary PROJECT TITLE LOCATION : Construction Works 3 Hub s : Damboa ITEM NO. ITEM DESCRIPTION QUANTITY Unit Price (NGN) Total (NGN) Location 1 Drainage 1 Damboa 2 Concrete Bollard Barriers 1 Damboa 3 3x Observation Posts 1 Damboa 4 Fencing 1 Damboa 5 Slab for Generator and Fuel Storage 1 Damboa 6 Gate House 1 Damboa 7 Fencing Omega 1 Damboa 8 Toilets 1 Damboa 9 Kitchen 1 Damboa 10 Mopol Latrine 1 Damboa 11 Concrete Bollard Barries 1 Damboa 12 Slab for Office 1 Damboa 13 Slab for V-SAT 1 Damboa 14 Slab for ETS 1 Damboa 15 Parking area and Driveway 1 Damboa 16 Pavements 1 Damboa 17 6x Slab s of 8m x10m 1 Damboa 18 Soft Landscape 1 Damboa 19 4x Borehole 1 Damboa 20 Gazebo 1 Damboa 21 Bunker 1 Damboa 22 Slab Warehouse and Laundry 1 Damboa 23 2x Slab s MSU 10mx32m 1 Damboa GRAND TOTAL Contractors authorized signature over printed name 24

25 Standard Form: Qualification Information 1. Individual Bidders or Individual Members of Joint Ventures 1.1 Constitution or legal status of Bidder: Place of registration: Principal place of business: Power of attorney of signatory of Bid: 1.2 Total annual volume of construction work performed in five years, internationally traded currency. 1.3 Work performed as prime Contractor on works of a similar nature and volume over the last five years. The values should be indicated in the same currency used for Item 1.2 above. Also list of details of work under way or committed, including expected completion date. Project Name and Country (a) Name of Client and Contact Person Type of Work Performed and Year of Completion Value of Contract (b) 1.4 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data. Refer also to Sub-Clause 4.3 (e) of the Instructions to Bidders and Sub-Clause 9.1 of the Conditions of Contract. Position Name Years of experience (general) (a) (b) Years of experience in proposed position 1.5 Financial reports for the last five years: balance sheets, profit and loss statements, auditors reports, etc. List below and attach copies. Year (a) (b) Financial and/or Auditor s Report 1

26 1.6 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of support documents. Financial Resources (a) (b) Support Documents 1.7 Name, address, and telephone, telex, and facsimile number of banks that may provide references if contacted by IOM. Name of Bank Address Telephone/telex/fax Number (a) (b) 1.8 Information on current litigation in which the Bidder is involved. Other party (ies) Cause of dispute Amount involved (a) (b) 1.9 Statement of compliance with the requirements of Sub-Clause 3.2 of the Instructions to Bidders Proposed Program (work method and schedule). Descriptions, drawings, and charts, as necessary, to comply with the requirements of the bidding documents. 2. Joint Ventures (if applicable) 2.1 The information listed in above shall be provided for each partner of the joint venture. 2.2 The information in 1.10 above shall be provided for the joint venture. 2.3 Attach the power of attorney of the signatory(ies) of the Bid authorizing signature of the Bid on behalf of the joint venture. 2.4 Attach the Agreement among all partners of the joint venture (and which is legally binding on all partners), which shows that 26

27 (a) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; (b) one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and (c) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge. 3. Additional Requirements NOTE: 3.1 Bidders should provide any additional information required or to fulfill the requirements of Sub-Clause 4.1 and Clause 30 of the Instructions to Bidders, if necessary. All required Government Licenses/Permit prevailing in the country where the procurement is conducted should be submitted and other needed documents as per the VIS Requirement Checklist (SF 19.06) 27

28 GPSU SF IOM office-specific Ref. No.: IOM Project Code: LEG Approval Code / Checklist Code CONSTRUCTION AGREEMENT Between the International Organization for Migration And [Name of the Contractor] This Construction Agreement is entered into between the International Organization for Migration, Mission in [XXX], [Address of the Mission], represented by [Name, Title of Chief of Mission etc.] (hereinafter referred to as IOM ), and [name of company] of [address], in [country], represented by [Name, Title of the representative of the Contractor], (hereinafter referred to as the Contractor ). IOM and the Contractor are also referred to individually as a Party and collectively as the Parties. 1. Introduction and Integral Documents 1.1 IOM intends to engage the services of [company s name] for the construction of [name of project and project code/ WBS Element] located at [address] (the Works ). The Works are what this Agreement requires the Contractor to construct, install and turn over to IOM, as defined in the plans, specifications and BoQ). 1.2 The following documents form part of this Agreement and are attached as Annexes: [add/delete as necessary] (a) Annex A - Detailed Instruction to Bidders dated [insert date], with annexed Scope of Work, Technical Specifications, Drawings, and General Conditions of Tender; (b) Annex B - Bid Form including Contractor's firm and final proposal/bid dated [insert date], with detailed Bill of Quantities ( BoQ ) and unit cost; (c) Annex C - Approved Work Schedule; (d) Annex D - Accepted Notice of Award ( NoA ); and (e) Annex E - Payment Schedule. 1.3 Any other Project documentation, agreed and signed by both Parties during the implementation of this Agreement, shall form part of this Agreement. 28

29 1.4 All correspondence, instructions, notes and other communications relating in any way to the performance of this Agreement will be in the English language. The English language version of the Agreement will at all times be the version of the Agreement which binds the Parties. Translations of the Agreement into languages other than English may be prepared for working purposes but will have no legally binding effect on the Parties. 1.5 If either Party finds any discrepancy or ambiguity in this Agreement, that Party must notify the other Party in writing. The Parties agree to consult with each other to attempt to resolve the discrepancy or ambiguity. 1.6 Unless otherwise advised by IOM in writing, all Project reports and other issues arising under this Agreement shall be addressed to IOM s designated Chief of Mission / authorized Agreement signatory. 2. Scope of Work 2.1 The Contractor shall furnish all the necessary materials, tools and equipment, labor, supervision, and other services, for the satisfactory and timely completion of the Works in accordance with this Agreement. 2.2 Only IOM may approve any changes, modifications, deviations, and substitutions, in the Scope of Work in accordance with Article 7 ( Work Variation ). 2.3 IOM reserves the right to supply any materials, equipment, or resources, and to delete or reduce any work item, whether in whole or in part and update Annexes as necessary and a reduced Contract Price shall be agreed. 3. Contract Price 3.1 The total contract price (the Contract Price ) shall be [currency code] [insert figure] (insert amount of money in words + currency in words) only inclusive of all applicable fees, taxes and permits that may be imposed by any Government entity in connection with the execution, completion, and turnover of the Works pursuant to this Agreement. 3.2 The Contract Price and unit prices as outlined in Annex B shall be binding and shall not be altered in any event. The Contract Price will be modified only in cases of IOM-approved Work Variations and IOM-supplied materials as outlined in Articles 2.2 and 2.3 of this Agreement and shall be reflected in writing. 3.3 The liability of IOM to the Contractor is STRICTLY LIMITED to the Contract Price outlined in Article 3.1, regardless of any increase in wage or labor cost or fluctuation in the cost of materials and equipment, occurring at any time. The Contractor shall be liable for its under-estimation of the requirements of this Agreement, inflation or currency devaluation, if any. 29

30 4. Manner of Payment 4.1 Payments for the Works will be done in installments in accordance with the Payment Schedule in Annex E. 4.2 The Contractor s Progress Claims shall be submitted to and certified by IOM s appointed Project Manager who will verify the value of the work done with regard to the value of the quantities of items completed in the Bill of Quantities. The Contractor shall submit all Progress Claims with the following attachments: (a) Updated Financial Statement of the Project; (b) Statement of Completed Works; (c) Progress Photos; and (d) Contractor's Sales Invoice. 4.3 Within 7 (seven) calendar days of Contractor s submission of the Progress Claims and Statement of Completed Works and all required attachments to the Project Manager. The Project Manager shall evaluate the said Progress Claim(s). Evaluated and approved Progress Claims shall be due and payable within 10 (ten) working days from date of approval of Progress Claim. During this period of evaluation and processing of payments, the Contractor shall continue progress of the work in accordance with the Approved Work Schedule. 4.4 Any progress payment/s made by IOM does not imply nor signify acceptance of any portion of the accomplished work and does not waive IOM s right to enforce the Contractor's warranty as provided in Article 14.2 of this Agreement, nor to enforce penalties for delay. 4.5 The Contractor can only submit the final Progress Claim as per the Payment Schedule when the Contractor has satisfactorily completed and submitted: (a) All works, including Work Variation Orders, as stipulated in the annexed documents; (b) Rectification of all reported non-conforming works; (c) Completed demobilization and clean-up of site; (d) Applicable materials and work test certificate/s; (e) Approval duly signed by the Project Manager and by the Contractor s authorized representative that the Work is completed in accordance with drawings and specifications and in compliance with applicable laws, rules and regulations of the local and/or national government of the location where the Project is to be implemented; 4.6 A Certificate of Provisional Acceptance of completed Works shall be issued by IOM when each of the requirements under Article 4.5 have been fulfilled to its satisfaction. 30