Subject: Invitation to bid for the construction of one Payam Police Station in Adong Payam in Baliet County Jonglei State of South Sudan

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1 Bid Ref: JUBA/PP-SDOC/ITB-2010/057 (Re-Bid) 17th September 2010 Subject: Invitation to bid for the construction of one Payam Police Station in Adong Payam in Baliet County Jonglei State of South Sudan Project: 57135/57469 Infrastructure Support to Police and Prison Bid Ref: JUBA/PP-SDOC/ITB-2010/057 (Re-Bid) The United Nations Office for Project Services (hereinafter "UNOPS") invites you to submit a sealed bid in the English language under the project of reference for the Construction of one Payam Police Station in Adong Payam in Baliet County Jonglei State of South Sudan under the terms the terms set forth in this invitation to bid. Important Timelines: (Sudan time) Date of issuance 17th September 2010 Questions to UNOPS 28th September 2010 Answers by UNOPS 29 th September 2010 Bid closing date 6 th October 2010 Public Bid opening date 7 th October Bidding Documents This invitation to bid comprises this letter of invitation and of the following annexes: This letter and Instructions to bidders 9 pages Annex IA Scope of Works 1 page Annex IB Technical requirements to the bidders 1 page Annex IC Technical Specifications 105 pages Annex ID Drawing 5 pages Annex IE Pricing Preamble 3 pages Annex II Draft form of contract 9 pages Annex III UNOPS General Conditions of Contract for Works which includes the 29 pages Performance Guarantee Annex IV* Format of bid submission letter 1 page Annex V* Priced bill of quantities format 8 pages Annex VI* Bid form to be completed and returned with your bid (VI(A)-VI(E) 6 pages Annex VII Bid Security format 1 page * To expedite your bid submission, UNOPS enclose soft copies of Annexure IV, V & VI PDF copies are sent to protect the integrity of our solicitation documents. To: All participants are invited for ITB JUBA/PP-SDOC/ITB-2010/057 (Re-Bid) 1

2 2. Contents and preparation of the Bid 2.1. Your bid should contain the following documents: a) Eligibility documents: Current registration certificates under all existing regulations of the country of bidder to carry out such works b) Technical approach including the work plan c) Annex II- Completed Bill of Quantities Form, duly completed and signed d) Annex VI(A)- Proposed personnel e) Annex VI(B)- List of equipment f) Annex V I(C)- Demonstration that you have the capacity to undertake the works g) Annex VI (D)- Current Contracts Commitments form h) Annex VI(E)- Completed Previous Experience Form i) Annex VII-Bid security 2.2. The Technical Component of your bid shall contain a description of the technical approach proposed for the execution of the Works, and, in particular, proposed procedures and methodologies for construction and a preliminary programme of work The Price Component of your bid shall consist of a Priced Bill of Quantities, accompanied by a cover letter stating the total amount reflected in it Any request for an advance payment is to be justified and documented by a priced bill of quantities and a program of work approved by the engineer and UNOPS. Such request must be submitted with the financial proposal. In addition, you must submit documentation regarding your financial status - e.g. audited financial statements at 31 December of the previous year and include this documentation with your financial proposal. Please note that in the case that an advance payment is requested and subsequently granted, UNOPS will require a bank guarantee or other suitable security arrangement. In any event, it is at the discretion of UNOPS to determine whether an advance payment will be granted and what amount is warranted, as well as the conditions under which such payment would be made. Additional information may be requested by UNOPS at the time of finalizing contract negotiations with the selected bidder, prior to making a final decision on an advance payment Bids shall be submitted in US Dollars or in any convertible currency. For evaluation purposes, all bids shall be converted to US Dollars using the United Nations Operational Rate of Exchange in force at the date of bid opening Your bid shall be prepared in duplicate with one marked "Original" and the other marked "Copy". In the event of any discrepancy between them, the original shall govern. The bid shall be sealed in one outer and two inner envelopes, as detailed below. 2

3 Both the outer and the inner envelopes shall be addressed as follows: BID FOR THE CONSTRUCTION OF ONE PAYAM POLICE STATION IN ADONG PAYAM IN BALIET COUNTY JONGLEI STATE OF SOUTH SUDAN Bid Ref: JUBA/PP-SDOC/ITB-2010/057 (Re-Bid) UNOPS Behind State Ministry of Physical Infrastructure Both inner envelopes shall also indicate your firm's name and address UNOPS strongly encourages association with a firm in the country where the works are to be performed. However, any invited firm may only participate in one consolidated bid. Similarly, a local firm may associate with only one firm that has been invited to bid It is strongly recommended that you 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 cost of preparing your bid and negotiating the possible contract, including any related travel, is not reimbursable nor can it be included in your Price Component UNOPS reserves the right to modify any part of this invitation to bid, including the deadline for submission of bids, either at its own initiative or as a result of requests for clarification or otherwise from one or several prospective bidders Clarification (Q&A) Any requests for clarification about the contents of this invitation to bid should be addressed in writing to the below address not later than 28th September 2010 and UNOPS shall respond 29 th September The Q&A would form an integral part of the ITB and the resultant contract(s). Ms. Linnet Okweyo Maloba UNOPS-SDOC LinnetM@unops.org Cc MichaeL@unops.org Any reply to a particular request for clarification may be copied to all other firms invited to bid, at the discretion of UNOPS. 3

4 3. Bid submission 3.1 Bids must be received by UNOPS at the above address by 6th October 2010 at 12:00hours, Sudan time. Any bids received after this date and time will be rejected. Bids will be publicly opened on 7th October 2010 at 11:00hours, Sudan time at UNOPS SDOC Office in Juba, South Sudan. 3.2 Bids may be modified or withdrawn by means of a modification to the bid already submitted or by a notice of withdrawal, respectively. Modifications or notices of withdrawal shall be addressed in the same way as bids and must reach UNOPS by the date and time specified in paragraph 3.1 above of this invitation to bid. The outer and inner envelopes shall be marked "MODIFICATION" or "WITHDRAWAL", as appropriate. 4. Bid Validity Your bid should be valid for 90 days from the date of bid closing. UNOPS will make its best efforts to select a firm within that period. 5. Bid Evaluation 5.1 To assist in the examination, evaluation and comparison of bids, UNOPS may, at its discretion, ask any bidder for clarifications, including but not limited to breakdowns of unit rates. All requests for clarification shall be issued and responded to in writing and no change in the price or substance of the bid shall be sought, offered or permitted, except as required in order to allow for correction of arithmetic errors discovered by UNOPS, in accordance with paragraph 5.4 of this letter of invitation. 5.2 Prior to the detailed evaluation of bids, UNOPS will determine whether each bid has been properly signed and 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 affecting: i. the scope, quality or performance of the Works; or ii. UNOPS' rights or the bidder's obligations under the Contract; or iii. in general, any deviation or reservation whose rectification would affect unfairly the competitive position of other bidders submitting substantially responsive bids Bids are considered non-responsive if : They are incomplete (i.e. do not include all required documents as specified in this ITB in paragraph 2: Contents and preparation of the bid) b. The bidder is not eligible as per paragraph 2.1 (a) of this letter c. Original bid has not been signed by authorized personnel 4

5 d. The validity of the bid is not in accordance with the requirements of the ITB as specified in paragraph 4: Bid validity of this letter. e. If the contractor s currently commitment value with UNOPS exceeds net annual turnover, and there are no indications of credit facilities from their current bank, the works contracts shall be limited to two but not exceeding four active projects or as may be determined during evaluation process, 5.3 If a bid is considered not substantially responsive by UNOPS, it will be rejected, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 5.4 Discrepancies and errors in the Price Component of the Bid will be corrected as follows: i. where there is discrepancy between the amounts in figures and in words, the amount in words will govern; and ii. where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the quoted unit rate will govern, unless in the opinion of UNOPS there is an obviously gross misplacement of the decimal point in the unit rate, in which case the unit rate will be corrected and the line item total respected or corrected in accordance with this paragraph, if need be. 5.5 The amount stated in the bid shall be adjusted by UNOPS 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. 5.6 UNOPS will only evaluate bids that are considered substantially responsive in accordance with paragraph 5.2 of this letter of invitation. 6. Award of Contract 6.1 UNOPS 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. 6.2 Notwithstanding paragraph 6.1 of this letter of invitation, UNOPS 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 such action. 7. Time frame for the completion of the Works 5

6 The successful bidder will be expected to complete the Works within 3 (Three) months from the award of contract, which is anticipated to take place by 25 th October Finally, we would appreciate it if you would inform us by by 25 th September 2010 (latest) as to: i. your receipt of this invitation to bid; ii. whether or not you will submit a bid; and iii. the date and mode of submission. 8. Supplier eligibility Suppliers shall not be eligible to submit an offer when at the time of bid submission: a) Suppliers are already suspended by UNOPS, or, b) Supplier s names are mentioned in the UN 1267 Terrorist list issued by the Security Council resolution 1267, which establishes a sanctions regime to cover individuals and entities associated with Al-Qaida and/or the Taliban, or, c) Suppliers are suspended by the UN Procurement Division (UN/PD), or, d) Suppliers have been declared ineligible by the World Bank Furthermore, as a condition of doing business with UNOPS it is necessary that suppliers, their subsidiaries, agents, intermediaries and principals cooperate with the Office of Internal Oversight Services (OIOS) of the United Nations, UNOPS Internal Audit and Investigations Group (IAIG) as well as with other investigations authorized by the Executive Director and with the UNOPS Ethics Officer (during preliminary reviews in line with UNOPS whistle blower policy) as and when required. Such cooperation shall include, but not be limited to, the following: access to all employees, representatives, agents and assignees of the supplier; as well as production of all documents requested, including financial records. Failure to fully cooperate with investigations will be considered sufficient grounds to allow UNOPS to repudiate and terminate the contract, and to debar and remove the supplier from UNOPS s list of registered suppliers. 9. Information regarding Bid Protest can be found at: Yours sincerely, Pre-cleared by: Approved by: Linnet Maloba Procurement Officer UNOPS/ SDOC Mr Jeffrey Mc Murdo Head of Programme UNOPS/SDOC Date: Date: 6

7 INSTRUCTION TO BIDDERS 1. References and background check: Kindly provide us with business and commercial bank references (combined) that we may contact for further background information on your company. The contact information should include: Company Name Name of Company Representative of Company Representative Telephone (Landline) Telephone (Mobile) Contract value (in the case of business references) Your credit worthiness (in the case of commercial bank references) In addition, bidders are required to provide their credit reference number with a reputable international credit reference bureau e.g. Dun & Bradstreet, Standard & Poor s or Moody s. In the absence of international credit reference reports, UNOPS reserves the right to conduct independent financial and background checks to establish the bidders technical, financial and managerial capacity to undertake the works under this Invitation To Bid. 2. Payment term: UNOPS will ordinarily effect payment within 30 days after receipt of payment documentation. Bidders are requested to refer to the General Conditions of Contract for Construction Works, clause 5 sub-clause 6 for UNOPS procedures for payment approvals. 3. Liquidated Damages: If the Contractor fails to achieve Substantial Completion within the Contract Time, as adjusted by Change Orders, the Contractor shall be liable for the payment of liquidated damages to UNOPS in the following amounts for each day of delay until Substantial Completion is achieved: 2% (Two Percent) per week (pro-rated for part thereof, a working week being taken as 6 (six) working days) up to a maximum of 10% (ten percent) of the contract value. Please refer to clause 45 of the UNOPS General Conditions of Contract for Construction of Works (Annex III) 7

8 4. Currency of payment: Payment shall be made in currency of the bid.. 5. Retention: The UNOPS shall retain ten percent (10%) of the amount of each progress payment up to a maximum of 10% (ten percent) of the Contract Sum. The retained amount shall be released after the 12 (twelve) months of substantial completion and upon date of issuance of a Certificate of Final Completion (CFC). The Certificate of Substantial Completion (CSC) will be issued upon substantial completion of works. The 12 (twelve) month Defects Liability Period commences from the date of issue of the Certificate of Substantial Completion (CSC). During the 12 (twelve) month period, the contractor is obligated to correct, repair and / or reconstruct any faults as may arise or any items listed in the CSC by UNOPS, at the Contractors own cost and within 5 (five) calendar days of notification by UNOPS. 6. Within 5 (five) days from handover of site and prior to commencement of works, you will be required to provide Insurance Certificate under clauses of the UNOPS General Conditions of Contract for Works attached as Annex III: Insurance of Works; Damage to Persons and Property; Liability Insurance; Accident or Injury to Workmen; Remedy on Contractor's Failure to Insure; Compliance with Statutes, Regulations etc; Labour; Materials; Workmanship and Testing; Defects Liability, etc 7. Bid Security 7.1 A Bid Security as part of the Bidder s bid shall be required for this Invitation To Bid. 7.3 The Bid Security shall be in original, in favour of UNOPS, in the amount equivalent to 3, USD (Three Thousand US Dollars Only), and denominated in a freely convertible currency, and shall: (a) at the Bidder s option, be in the form of either a bank guarantee from a banking institution, as per the form included in as Annex VII, Bidding Forms, or a demand draft, cashier s cheque or irrevocable cheque certified by a banking institution. In the event of Bidders submitting the Bid Security in the form of a cheque or demand draft, such documents shall be accompanied by a signed statement from the issuing bank on its letterhead indicating the validity period and confirming irrevocability of the cheque or demand draft during the required validity period; (b) be issued by a reputable institution selected by the Bidder. Reputable banking institutions have to be banks certified by the Central bank of the country to operate as commercial bank; (c) be payable promptly upon written demand by UNOPS; (d) remain valid for a period of 30 days beyond the validity period of the bids, as extended. 7.4 Any bid not accompanied by a substantially responsive Bid Security shall be rejected by UNOPS as non-responsive. 8

9 7.5 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder s furnishing of the Performance Security. 7.6 The Bid Security may be forfeited: (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Form; or (b) if the successful Bidder fails to: (i) sign the Contract (ii) furnish a Performance Security in accordance with Instruction to Bidders clause 9; (iii) accept the arithmetical correction in accordance with clause 5.4 & 5.5 in ITB. 8. In exceptional circumstances, prior to the expiration of the bid validity period, UNOPS may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. Bid Security requested in accordance with Instructions to Bidders Clause 9, shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its bid. 9. Performance Guarantee 9.1 Within 7 (seven) days of contract signature, the successful Bidder, shall furnish the Performance Guarantee in accordance with the GCC Works,, using for that purpose the First Demand Guarantee Form included in Annex III of this ITB., UNOPS shall promptly discharge the Bid Securities of the unsuccessful Bidders pursuant to Instructions to Bidders Clause 7 above. 10. First Demand Guarantee 10.1 Failure of the successful Bidder to submit the above-mentioned First Demand Guarantee shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event UNOPS may award the Contract to the next lowest evaluated Bidder, whose offer is substantially responsive and is determined by UNOPS to be qualified to perform the Contract satisfactorily. 9